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HomeMy WebLinkAbout20070659.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1583 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (DAIRY OPERATION WITH A TOTAL OF 8,000 HEAD), IN THE A(AGRICULTURAL) ZONE DISTRICT - MARGARET DEHAAN 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 4th day of April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Margaret DeHaan, P.O. Box 40, Mead, Colorado 80542, for a Site Specific Development Plan and Use by Special Review Permit #1583 for an Agricultural Service Establishment,including a Livestock Confinement Operation(dairy operation with a total of 8,000 head), in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot D of Recorded Exemption#4098 W1/2; Lot B of Recorded Exemption#965 W1/2NE1/4/2NE1/4 and N W 1/4; and Lot B of Recorded Exemption#1729 E1/2NE1/4, all in Section 17, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present and represented by Thomas Haren, AGPRO/LANDPROfessionals, 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 unfavorable 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 23-2-230.6 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 affect the productivity of the site. 2007-0659 At) /4a ) / f� PL187 / 801 o SPECIAL REVIEW PERMIT#1583 - MARGARET DEHAAN 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.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 23-2-230.6.6--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 Margaret DeHaan fora Site Specific Development Plan and Use by Special Review Permit #1583 for an Agricultural Service Establishment, including a Livestock Confinement Operation(dairy operation with a total of 8,000 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. All sheets of the plat shall be labeled USR-1583. B. The applicant shall submit a Private Improvements AgreementAccording to Policy Regarding Collateral for Improvements and post adequate collateral for all landscaping,transportation(access drive,parking areas,etcetera)and non-transportation (plant materials, fencing, screening, water, signage, etcetera). The applicant shall submit an itemized landscaping bid to the Department of Planning Services for review. 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, or the applicant may submit evidence that all the work has been completed and approved by the Departments of Planning Services and Public Works. 2007-0659 PL1878 SPECIAL REVIEW PERMIT#1583 - MARGARET DEHAAN PAGE 3 C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The USR boundary shall be a solid heavy line. 3) The approved access point to the proposed facility. 4) The floodplain shall be delineated on the plat as it is shown on the FEMA FIRM Community Panel Map #0802660480 C. 5) Weld County Road 39 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. 6) 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. The total number of on-site parking for this facility shall be thirty one (31) spaces. In accordance with Sections 23-3-350.B, 23-3-350.C, 23-3-350.D, and 23-4-30.C, all parking, loading areas, and street access drives shall be surfaced with recycled asphalt,gravel, recycled concrete, asphalt, concrete, or an equivalent material. The plat shall delineate the location and type of surfacing material. Each parking space shall be equipped with wheel guards or curb stops, when necessary, to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, or plantings. The location of all curb stops in the parking areas, per Section 23-4-30.D of the Weld County Code,shall be delineated on the plat. 7) The applicant has realigned their main/primary entrance to the dairy directly across from the existing access point as suggested. The primary access shall be hard surfaced concrete or asphalt, with adequate turning radii to accommodate large milk trucks, for a minimum of 50 feet, and match the edge of the pavement. The purpose of the hard surface is to keep the edge of the pavement from breaking away and from tracking mud or debris onto the asphalt surface. The plat shall delineate the location and type of surfacing material. 8) The applicant shall make a reasonable attempt to meet the requirements of the Americans with Disabilities Act (ADA) and comply with ADA standards for this facility. Two(2)non-ambulatory/ 2007-0659 PL1878 SPECIAL REVIEW PERMIT#1583 - MARGARET DEHAAN PAGE 4 ambulatory parking spaces shall be identified on the plat. The parking space must be the closest possible to the entrance. 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. 9) The approved Lighting Plan. 10) The approved Landscaping Plan. 11) Any approved signs, if applicable. 12) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 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)]. Evidence of approval by the Weld County Department of Public Health and Environment shall be provided to the Department of Planning Services. E. The applicant shall demonstrate that impoundments meet required setbacks to water wells and groundwater required by Colorado Water Quality Control Commission Regulation Number 81.[81.5(6)]. Evidence of approval by the Weld County Department of Public Health and Environment 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. Evidence of approval by the Weld County Department of Public Health and Environment shall be provided to the Department of Planning Services. G. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services for review and approval. The applicant shall place plant material or other landscaping to mitigate the impacts of the facility from adjacent properties. The plant material or other screening shall be placed between the road right-of-way and the proposed improvements. The buffer strip shall be a minimum of ten (10)feet in width and run the length of the property line. Upon approval,the Landscape/Screening Plan shall be placed on the plat. H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2007-0659 PL1878 SPECIAL REVIEW PERMIT#1583 - MARGARET DEHAAN PAGE 5 2. Prior to Construction: A. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than,or equal to,one acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnitfor more information. 3. Prior to Operation: A. The applicant shall provide documentation, prepared by a Colorado registered professional engineer,that all wastewater impoundments for the confined animal feeding operation(CAFO)will meet seepage rate standards of Colorado Water Quality Control Commission Regulation 81 [81.5(2)]. Evidence of approval by the Weld County Department of Public Health and Environment shall be provided to the Department of Planning Services. 4. 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 eighty(180) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required one hundred eighty(180)days from the date the Board of County Commissioners Resolution,a$50.00 recording continuance charge shall added for each additional three (3) month period. 6. 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. 7. 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. 2007-0659 PL1878 SPECIAL REVIEW PERMIT#1583 - MARGARET DEHAAN PAGE 6 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 4th day of April, A.D., 2007. BOA OF COUNTY COMMISSIONERS � ��`WELUNTY, C9kO O ATTEST: Laki„� , 4,;. ®` vs'J rrr ('.t2% id E. Long, Chair Wel. County Clerk to the = rd =? ,4: = . [� /i an �Ailliam . Jer , o-Tem De. ty Clerk to the Boar' " ' LI/ a V F. Garcia APP V AS TO � A ,_ Robert D. Masden o ty rney Ar Douglas ade cher Date of signature: 4 /VI 2007-0659 PL1878 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MARGARET DEHAAN USR#1583 1. The Site Specific Development Plan and Use by Special Review Permit#1583 is for an Agriculture Service Establishment primarily engaged in performing agriculture, animal husbandry, or horticultural services on a fee or contract basis, including a Livestock Confinement Operation (dairy operation with a total of 8,000 head), 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. The number of employees shall be limited to forty(40),as stated in the application materials. 4. The hours of operation are 24 hours per day, 365 days per year. Equipment operations, trucks,and farming and maintenance activities,other than emergencies,will occur primarily during daylight hours, as stated in the application materials. 5. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. Documentation, prepared by a Colorado registered professional engineer,shall be provided as evidence that all wastewater impoundments for the Confined Animal Feeding Operation (CAFO)will meet seepage rate standards of the abovestated Regulation. The documentation of compliance shall be submitted to the Weld County Departments of Public Health and Environment and Planning Services prior to operation of the facility. 6. 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. 7. Manure and process wastewater shall be applied 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. 8. The facility shall be operated and maintained in a manner to prevent nuisance conditions. 9. The facility shall control fugitive dust on this site and operate in accordance with the current approved Management Plan for Nuisance Control. 10. 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. 2007-0659 PL1878 DEVELOPMENT STANDARDS - MARGARET DEHAAN (USR #1583) PAGE 2 11. 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 the facility, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. 12. The facility shall be operated in accordance with the approved Nuisance Control Plan. 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 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. 13. 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. 14. An Individual Sewage Disposal System (I.S.D.S.)is required for the proposed facility and must be designed by a Colorado registered professional engineer and in accordance with Weld County I.S.D.S.Regulations. Any I.S.D.S.on the property shall be permitted,installed, maintained, and operated in compliance with Weld County I.S.D.S. Regulations. 15. 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. 16. 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. 17. 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. 18. 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. 19. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 2007-0659 PL1878 DEVELOPMENT STANDARDS - MARGARET DEHAAN (USR#1583) PAGE 3 20. Effective January 1,2003,building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 21. 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. 22. 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. 23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration,development,completion, recompletion,re-entry,production,and maintenance operations associated with existing or future operations located on these lands. 24. The applicant shall adhere to the approved lighting plan. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. 25. The applicant shall adhere to the proposed Landscaping/Screening Plan. Landscaping and screening materials, as indicated in the approved Plan, shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. 26. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code, as it relates to signs in the A(Agricultural)Zone District. 27. The secondary access is to be utilized in harvest season only and shall be gated at all other times. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 30. The property owner or operator shall be responsible for complying with the Supplementary Regulations regarding Livestock Confinement Operations of Section 23-4-350 of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Miscellaneous Regulations regarding Livestock Feeding Performance Standards of Section 23-4-710 of the Weld County Code. 32. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code,do not need building permits; 2007-0659 PL1878 DEVELOPMENT STANDARDS - MARGARET DEHAAN (USR#1583) PAGE 4 however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 33. A plan review is required for each building forwhich 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. 34. 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,2005 National Electrical Code,and Chapter 29 of the Weld County Code. 35. All buildings used by the public,including the restrooms,shall be accessible to persons with disabilities. Plans should include detailed drawings showing the exiting design and how accessibilitywill be maintained throughout the facility. 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 Chapter 23 of the Weld County Code. 36. 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 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. 37. All building plans shall be submitted to the Ault Fire Protection District, for review and approval, prior to the issuance of building permits. 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 2007-0659 PL1878 DEVELOPMENT STANDARDS - MARGARET DEHAAN (USR#1583) PAGE 5 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. 42. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest,and gravel roads;odor from animal confinement,silage,and manure;smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 2007-0659 PL1878 DEVELOPMENT STANDARDS - MARGARET DEHAAN (USR #1583) PAGE 6 Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,high speed traffic,sand burs, puncture vines,territorial farm dogs,and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 2007-0659 PL1878 Hello