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HomeMy WebLinkAbout20063458.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #1282 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING LIVESTOCK CONFINEMENT OPERATIONS (11,240 HEAD OF CATTLE, A DAIRY OPERATION,AND 20 HORSES-AMENDED TO INCLUDE AN ADDITIONAL MILK PARLOR, OFFICE/SCALE HOUSE, AND ADDITIONAL PENS ASSOCIATED WITH THE OPERATION, AND REMOVING THE LIMIT OF 2,000 DAIRY CATTLE OUT OF THE 11,240-HEAD TOTAL), IN THE A(AGRICULTURAL) ZONE DISTRICT - JOHN JOHNSON 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 December,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of John Johnson,23016 Weld County Road 74, Eaton, Colorado 80651,for a Site Specific Development Plan and Second Amended Use by Special Review Permit#1282 for an Agricultural Service Establishment, including Livestock Confinement Operations(11,240 head of cattle,a dairy operation,and 20 horses-amended to include an additional milk parlor,office/scale house,and additional pens associated with the operation,and removing the limit of 2,000 dairy cattle out of the 11,240-head total), in the A(Agricultural)Zone District on the following described real estate, being more particularly described as follows: Lot B of Amended Recorded Exemption #499, and Lot B of Recorded Exemption#3535;being part of the N1/2 and part of the N1/2 SW1/4 of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Dusty McCormick and Thomas Haren, AGPROfessionals, LLC,4350 State Highway 66, Longmont,Colorado 80504,at said hearing,and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and,having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: 2006-3458 PL0741 0t 0 ', PL , /9(0, A/L 0-) Aria-, /� Gr /S=U7 2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON PAGE 2 a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Policy 1.3) states, "Allow commercial and industrial uses, which are directly related to, or dependent upon, agriculture to locate within the A(Agricultural)Zone District when the impact to surrounding properties is minimal, and where adequate services are currently available and reasonably obtainable. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production." There is an existing dairy currently operating at the site. The proposed amendment is to include an additional milk parlor (one presently exists on site), an office/scale house and additional pens. The proposed amendment will expand the boundaries of the Use by Special Review(USR)from a total of 136.6 acres to 201.79 acres. The additional proposed acreage will include a calving operation (calving huts) at the western end(adjacent to Weld County Road 47)and a manure storage area (compost area) at the eastern end. The total number of cows associated with the operation will not increase, however, this proposed permit amendment will not limit the number of dairy cows to 2,000 total(no limit is proposed)as originally approved under Amended USR-1282. b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40 B.16 of the Weld County Code provides for livestock confinement operations(dairies)as a Use by Special Review in the A(Agricultural) Zone District. c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site is agricultural in character, with existing residences located in close proximity to the east and south of the site. There are three existing residences located within 500 feet east of the site (across the Greeley No. 2 Canal), there are also two existing residences located adjacent to,and across the street from,the feed storage and composting area for the dairy. There is another existing residence located approximately one-eighth of a mile to the south of the operation. Feed storage and manure storage (compost) areas have expanded approximately 1,200 feet to the south since AMUSR-1282 was approved in 2003. Although the number of cows associated with the operation has not increased, the number of employees associated with the business has increased substantially from a total of nineteen (19) employees, originally approved under AMUSR-1282, to a total of one-hundred (100)employees proposed for the dairy operation under this application. The applicant is required to submit a Landscape and Screening Plan demonstrating how they have mitigated the impact to the neighboring residences. The applicant will be required to adhere to specific Development Standards imposed by the County,as well as Confined Animal Feeding Operation(CAFO)Regulations. This will ensure the facility is operating in compliance with numerous conditions which would not be required for a facility operating as a Use by 2006-3458 PL0741 2ND AMENDED USE BY SPECIAL REVIEW PERMIT #1282 - JOHN JOHNSON PAGE 3 Right. The Conditions of Approval and Development Standards will ensure that the operation is compatible with existing surrounding land uses. d. 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 site is not located within the three-mile referral area of any municipalities. e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts. Effective January 1,2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The majority of the site is designated "Prime"with a portion of the site designated as "Irrigated Non-prime" according to the U.S.D.A. Soil Conservation Map,dated 1979. Dairy facilities are considered an agricultural related 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 John Johnson for a Site Specific Development Plan and Second Amended Use by Special Review Permit#1282 for an Agricultural Service Establishment, including Livestock Confinement Operations(11,240 head of cattle,a dairy operation,and 20 horses -amended to include an additional milk parlor,office/scale house,and additional pens associated with the operation, and removing the limit of 2,000 dairy cattle out of the 11,240-head total), 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. Each sheet of the plat shall be labeled 2nd AMUSR-1282. B. The applicant shall provide the Weld County Departments of Public Works and Planning Services with a detailed access,site circulation, loading, and parking plan for review and approval. Written evidence of approval by the 2006-3458 PL0741 2ND AMENDED USE BY SPECIAL REVIEW PERMIT #1282 - JOHN JOHNSON PAGE 4 Department of Public Works shall be submitted to the Department of Planning Services. C. The applicant shall submit a Landscape Plan/Screening Plan to the Department of Planning Services for review and approval. The applicant shall place"plant material"or other acceptable screening material to mitigate the impacts of the facility from adjacent properties to the south and west of the site. Further,the applicant shall adhere to all landscape requirements of Sections 23-3-350.G.1 and 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape Plan shall be placed on the plat. D. 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. E. The applicant shall work with the Weld County Department of Public Works to minimize accesses that are not crucial to the operation, including a plan to reduce the number of accesses to a safe number upon the paving of Weld County Road 47. Any accesses not required shall be removed and not be indicated on the plat. Written evidence of such shall be provided to the Department of Planning Services. F. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials (parking and landscaping improvements). 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. G. The applicant shall enter into a Road Maintenance and Improvements Agreement for applying a dust suppressant chemical on Weld County Road 47 adjacent to the USR. H. The applicant has not delineated any on-site sign(s). If on-site sign(s)are desired, the signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code as it related to signs in the A(Agricultural)Zone District. Further,the location of the sign,if applicable,shall be delineated on the plat. 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)]. 2006-3458 PL0741 2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON PAGE 5 J. 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,as required by Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Written evidence of approval shall be provided to the Departments of Planning Services and Public Health and Environment. K. The existing residence and metal shed in the northwest corner of the property are located within the proposed future right-of-way for Weld County Road 47. The applicant shall submit a non-conforming structure application to the Department of Planning Services for review and approval. L. The applicant shall either subm it,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. M. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) Weld County Roads 47 and 74 are designated on the Weld County Road Classification Plan as major arterial roads,which require 140 feet of right-of-way at full buildout(70 feet from the centerline of Weld County Roads 47 and 74). The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified,it shall be dedicated. These roads are maintained by Weld County. 3) 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. This site will be required to meet all requirements of the Americans with Disabilities Act. ADA parking spaces are twenty(20)feet by eight(8)feet with five(5)foot aisles. A minimum of one space must be van accessible with an eight(8)foot aisle. An accessible path shall be required from the building to the public right-of-way. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps, and other methods of providing accessibility shall be required to reasonably attempt to meet the requirements of the Americans with Disabilities Act. Should the applicant elect to not adhere to the previously 2006-3458 PL0741 2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON PAGE 6 discussed Federal Standards, the applicant shall outline how the proposed site design mitigates the requirements of the Americans with Disabilities Act. 4) The approved parking and circulation plan. 5) The approved lighting plan, if applicable. 6) The approved Landscape/Screening Plan. 7) Any approved signs, if applicable. 8) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 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 eighty(180) 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 Second Amended Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. Prior to Release of Building Permits: A. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit. A Code Analysis Date Sheet,provided by the Weld County Department of Building Inspection shall be submitted with each building permit application. B. A building permit shall be obtained prior to the construction of any structures, including the milk parlor or the office/scale house. 2006-3458 PL0741 2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON PAGE 7 5. The Seconded Amended Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Second Amended 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 20th day of December, A.D., 2006. BOARD OF Cs� NTY COMMISSIONERS WELD COU i' , COLORADO ATTEST: ��� /� v��; � Ells , f . G-ile, Chair Weld County Clerk to the Boa ."9O Qv _ SED BY: 7 .4-z"�A Sfnrn/e,' '� E. Long, Pro-Tem Deputy Clerk to the Board ✓ �. ' L, I l.�h,,_.1 � William H. Jerke APPROVED AS TO FQR ��,k I0 G",. Robert D. asden �/� __ � l/ounty Attorney Va Glenn aadad Date of signature: / --/61-0 7 2006-3458 PL0741 SITE SPECIFIC DEVELOPMENT PLAN SECOND AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOHN JOHNSON 2ND AMUSR#1282 1. The Site Specific Development Plan and Second Amended Use by Special Review Permit#1282 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(11,240 head of cattle,a dairy operation,and 20 horses- amended to include an additional milk parlor, office/scale house and additional pens associated with the operation,and removing the limitof2,000 dairy cattle out of the 11,240- head total),in the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on Weld County roads. The applicant shall utilize on-site parking. 5. The off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems. Each space shall be equipped with wheel guards, or curb stops where needed,to prevent vehicles from extending beyond the boundaries of the space and coming into contact with other vehicles, walls, fences, or plantings. 6. Dust suppressant chemical shall be applied to Weld County Road 47 no less than twice a year, or more often as determined by the Weld County Department of Public Works Motor Grader Supervisor. 7. The operation shall be limited to a total of one-hundred (100)employees as stated in the application materials. 8. Semi-tractor trailers picking up milk shall be limited to 15(fifteen), per 24-hour period,and semi-trailer commodity trucks (feed/compost)shall be limited to 15(fifteen)per day, from 7:00 a.m. to 5:00 p.m., as stated in the application materials. 9. The hours of operation in the milking parlors and related facilities will be 24 hours a day,365 days a year. Equipment operations, trucks,farming activities,and maintenance activities other than emergencies, will occur primarily during daylight hours as stated in the application. 10. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81. 2006-3458 PL0741 DEVELOPMENT STANDARDS - JOHN JOHNSON (USR#1282) PAGE 2 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 facility's CAFO Colorado Discharge Permit. 12. The facility shall comply with the Notice of Violation/Cease and Desist Order/Clean-up Order Number CO-051014-1 (dated October 14,2005)and any subsequent orders issued by the Colorado Department of Public Health and Environment. 13. Any manure or process wastewater applications shall be at agronomic rates and in accordance with the Nutrient Management Plan or the Manure and Wastewater Management Plan. There shall be no discharge from land application areas, except for agricultural stormwater. 14. The facility shall be operated and maintained in a manner to prevent nuisance conditions. 15. The facility shall control fugitive dust on this site and operate in accordance with the currently approved Management Plan for Nuisance Control. 16. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with the currently 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. 17. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with the currently 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. 18. 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. 19. 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 2006-3458 PL0741 DEVELOPMENT STANDARDS - JOHN JOHNSON (USR #1282) PAGE 3 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. 20. 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. 21. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except"agricultural open burning" as defined by Colorado Air Quality Control Commission Regulation 9. 22. 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. 23. 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. 24. 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. 25. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division for construction activities. 26. A plan review is required for each building forwhich a building permit is required. Plans shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit,along with a Code Analysis Data Sheet provided by the Weld County Department of Building Inspection. 27. The milk parlor 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. 28. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, Weld County has adopted the following: 2003 International Building Code,2003 International Mechanical Code,2003 International Plumbing Code,2002 National Electrical Code, and Chapter 29 of the Weld County Code. 29. A separate building permit shall be obtained prior to construction of any building. 30. In the event that five (5) or more acres are disturbed during the construction and development of this site,the applicant shall obtain a Stormwater Discharge Permit from the 2006-3458 PL0741 DEVELOPMENT STANDARDS - JOHN JOHNSON (USR #1282) PAGE 4 Water Quality Control Division of the Colorado Department of Public Health and Environment. 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. 33. 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. 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 complywith all applicable rules and regulations of the 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 Second Amended Use by Special Review area shall be limited to the plans shown hereon and govemed 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. 2006-3458 PL0741 Hello