HomeMy WebLinkAbout20061722.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1554 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
LIVESTOCK CONFINEMENT OPERATIONS (A 900-HEAD DAIRY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - DENNIS AND ERIN BARKEY
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 19th day of
July, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Dennis and Erin Barkey,34630 Weld County Road 19,Windsor,Colorado 80550,for
a Site Specific Development Plan and Use by Special Review Permit#1554 for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement Operations (a
900-head dairy) in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption#4210,being part of the
E1/2SW1/4 of Section 17; and Lot A of Recorded
Exemption #4211; being part of the W1/2SW1/4 of
Section 17, all in Township 7 North, Range 57 West
of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Thomas Haren, c/o 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 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 22-2-60.A (A.Policy 1.1) states, "Agricultural zoning will be
established and maintained and promote the Country's agricultural industry.
Agricultural zoning is intended to provide areas for agricultural activities and
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SPECIAL REVIEW PERMIT#1554 - DENNIS AND ERIN BARKEY
PAGE 2
other uses interdependent upon agriculture." The subject property has
historically been used as a 200-head dairy. The proposed expansion,
increasing the number of cows, requires a Use by Special Review permit
and will increase the dairy output of the site. Typical activity on the site will
include milking 300 cows at build-out; delivery of hay, silage, and other
horticultural products;and management of the site through waste removal,
etcetera.
b. Section 22-2-60.A (A.Policy 1.2) states, "The County should support the
development of creative policies to conserve agricultural land, including
preservation techniques and prioritizing incentives." A 900-head dairy is
proposed, which would result in the addition of two lagoons, use of the
existing home as an office,and construction of several new cattle pens and
a calf hut area. An approved Nuisance Control Plan is being required by the
Department of Public Health and Environment.
3. Section 23-2-230.8.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Livestock Confinement Operations which exceed
four(4)animal units per acre are permitted in the A(Agricultural)Zone District as a
Use by Special Review, as detailed in Chapter 23 of the Weld County Code.
4. Section 23-2-230.6.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Surrounding uses include agriculture and
associated housing and support facilities, and the nearest farm residence is
approximately one-third-mile away. A mobile home park and several large-lot
residences are located less than one (1) mile to the north; R-5 zoning allowing for
the mobile home park lies within one-quarter-mile of the property. A large sheep
feedlot of approximately 10,000 head is located 1.5 miles east of the site.
5. Section 23-2-230.B.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 subject property lies within the
three-mile referral area for the Towns of Severance and Windsor, and Larimer
County. The Town of Severance and Larimer County did not provide comment. The
Town of Windsor noted that any right-of-way requests made by the Weld County
Department of Public Works should be observed.
6. Section 23-2-230.B.5--The application complies with Chapter 23,Article V, of the
Weld County Code. 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 Program. Effective
August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater
Drainage Impact Fee.
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SPECIAL REVIEW PERMIT#1554 - DENNIS AND ERIN BARKEY
PAGE 3
7. Section 23-2-230.6.6-The applicant has demonstrated a diligent effort to conserve
prime agricultural farmland. A portion of the land proposed for development for the
dairy support facilities is located on prime farmland. However,a dairy is recognized
by the Weld County Code as being an agricultural service and is consistent with the
agricultural tradition in the area.
8. 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), proposed
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 Dennis and Erin Barkey for a Site Specific Development
Plan and Use by Special Review Permit#1554 for an Agricultural Service Establishment primarily
engaged in performing agricultural,animal husbandry,or horticultural services on a fee or contract
basis, including Livestock Confinement Operations(a 900-head dairy)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,the following shall be addressed,with written evidence of
completion provided to the Department of Planning Services:
A. A Management Plan for Nuisance Control shall be submitted to, and
approved by, the Weld County Department of Public Health and
Environment. This Nuisance Control Plan must address control measures
for dust, odors, flies, and pests.
B. The applicant shall provide evidence to the Weld County Department of
Public Health and Environment that an adequate sewage disposal system
is available to serve the proposed use. An Individual Sewage Disposal
System (I.S.D.S.)evaluation shall be conducted by a Colorado registered
professional engineer for the barn system (G19810022). The review shall
consist of observation of the system, and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed,the system shall be brought
into compliance with current regulations.
C. The applicant shall provide written evidence to the Department of Planning
Services that an attempt has been made to address the items noted in the
Poudre Valley F-15 Fire District's referral, dated April 13, 2006.
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SPECIAL REVIEW PERMIT#1554 - DENNIS AND ERIN BARKEY
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D. The Use by Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plat shall be labeled USR-1554.
2) The plat shall be prepared in accordance with all requirements as
listed in Section 23-2-260.D of the Weld County Code.
3) The plat shall be modified to include the attached Development
Standards.
4) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
5) At the intersection of Weld County Roads 15 and 80,the applicant is
proposing to install a berm and a proposed waste water pond. The
applicant shall place on the plat drawing a diagram showing sight
distance for westbound traffic on Weld County Road 80 by berming
near the intersection. Verification shall be in place so that this does
not become a blind intersection. The applicant shall utilize the
American Association of State Highways and Transportation Officials
(AASHTO) or the state requirements on sight distance at
intersections. The sight distance at the speed of 55 miles-per-hour
must be a minimum of 583 feet.
6) The applicant is proposing two new accesses to the site. The
western-most access is approximately 450 feet from the intersection,
and the eastern access is 1,850 feet from the intersection. The
access shall be placed in such a location as to have adequate sight
distance in both directions,and not below the crest of a hill or where
physical obstructions are present.
7) The southwestern pond and proposed manure stockpiles shall be
setback approximately 200 feet from the roads, and that, where
possible,landscaping shall be provided allowing for trees a minimum
of 50 feet apart.
E. The applicant shall submit two (2) paper copies of the plan map for
preliminary approval to the Weld County Department of Planning Services,
prior to recording.
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
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SPECIAL REVIEW PERMIT#1554 - DENNIS AND ERIN BARKEY
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by the Department of Planning Services. The plan map 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.
3. 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 of the Board of County Commissioners Resolution,a$50.00 recording
continuance charge shall be added for each additional three (3) month period.
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. Prior to operation at the site, any grading permits required to grade the site and
create the retention ponds must be obtained.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of July, A.D., 2006.
BOARD OF C UNTY COMMISSIONERS
WELD CO TY, COLORADO
Iles!
ATTEST: atetilS /� ) / > 'L ' 2t-6,
re , 4 ' eile, Chair
ct
Weld County Clerk to the Boar.' 0,4 it
�ia,i � � 1■
an •. . =SED
BY: a -e� ' i . -�" E. Long, Pro-Tem
Deputy Clerk to the Board `Nairw. �, F
W 'am H. Jerke
AP O D AS T •
Robert Aen2
C A orney [
Glenn Vaad
9/7/6 Co
Date of signature:
2006-1722
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DENNIS AND ERIN BARKEY
USR#1554
1. The Site Specific Development Plan and Use by Special Review Permit#1554 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations(a 900-head dairy)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. No more than twelve(12)employees,as indicated in the application, are to be on the site.
4. 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.
5. 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.
6. The facility shall utilize Best Management Practices and operate in compliance with
Regulation #81 of the Water Quality Control Commission (WQCC)
7. There shall be no permanent disposal of solid wastes, as defined in the regulations
pertaining to the Solid Wastes Disposal Sites and Facilities Act, at this site.
8. 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 Regulation #81 of the WQCC.
9. The facility shall control fugitive dust on this site and operate in accordance with the
approved Nuisance Control Plan.
10. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with the approved Nuisance Control Plan. 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.
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11. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the approved Nuisance Control Plan. 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. The plan shall
also be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly complaints, 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-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-
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.
13. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations. There shall be no open burning except"agricultural open burning",as defined
by Regulation 9 of the Colorado Air Quality Control Commission.
14. 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.
15. Waste materials, not specifically addressed by other Development Standards, shall be
handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
16. The access shall be placed in such a location to have adequate sight distance in both
directions, and not below the crest of a hill or where physical obstructions are present.
17. The applicant shall utilize the existing residential access to this parcel and the existing
agricultural, oil and gas, and ditch roads that are necessary for the agricultural operation.
18. 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.
19. All driveways shall be surfaced with gravel and shall be graded to prevent drainage
problems.
20. A building permit shall be obtained prior to the construction of the commodity shed and the
office, as needed.
21. A plan review is required for each building forwhich a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two(2)complete sets
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of plans are required when applying for each permit. The applicant shall also submit building
plans to the Poudre Valley Fire Protection District.
22. 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 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
23. Each building will require an engineered foundation based on a Site-Specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
24. The structure will probably be classified as a U(commodity shed)and B(office)occupancy.
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.
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
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. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection.
26. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
27. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater
Drainage Infrastructure Impact Fee.
28. 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 Program.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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.
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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 an amendment
of the permit,approved by the Weld County Board of County Commissioners, before such
changes from the plans or Development Standards will be 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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