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HomeMy WebLinkAbout20060925.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1543 FOR A GUEST FARM (EDUCATIONAL PROGRAMMING, RESTAURANT,AND GIFT SHOP)AND 200-HEAD DAIRY IN THE A(AGRICULTURAL) ZONE DISTRICT - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC 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 April, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Cozy Cow Dairy, LLC, c/o Les and Sherrill Hardesty, 28607 Weld County Road 17, Windsor, Colorado 80550, for a Site Specific Development Plan and Use by Special Review Permit#1543 for a Guest Farm(educational programming,restaurant,and gift shop)and 200-Head Dairy in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: Part of the NE1/4 of Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Thomas Haren, c/o LANDPROfessionals, LLC, 4350 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 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) 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 other uses interdependent upon agriculture." The proposed guest farm is intended to serve as a traditional dairy, and also as an educational facility designed to 2006-0925 ; Pt, PLc) l f L(6r).�-f�,L c 7� PL1833 1 ( SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY,LLC,CIO LANDPROFESSIONALS,LLC PAGE 2 preserve knowledge of the agricultural community in an otherwise urbanizing area. 2) 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." Use of the site as a guest farm represents a creative business plan to provide supplemental income in such a way that may allow this relatively small farm site to remain economically viable. b. Section 23-2-230.B.2--The proposal is consistent with the intent of the Zone District in which the use is located. The subject property is zoned Agricultural, and the proposed use is as a guest farm, where visitors can come to understand the operation of a modern dairy farm. The facility will provide educational opportunities by providing tours and observation areas of milk production and milk processing. Typical tours last one hour and consist of watching milking, viewing the processing center, and petting calves. Groups may be small, or as large as several bus loads; the maximum projected use for a day is 400 people. 1) Section 23-3-40.C.5 of the Weld County Code allows guest farms as a Use by Special Review in the A(Agricultural)Zone District. Other elements of the operation include a restaurant and a gift shop; both of which are allowed as Uses by Special Review in accordance with Section 23-3-40.R, which allows "any use permitted . . . in the Commercial or Industrial Zone District." Sections 23-3-220.B.2 and 23-3-220.B.3 identify stores and restaurants as allowed uses. Both the store and restaurant uses are located within existing facilities. The store is a small retail site offering packaged produce and farm-theme merchandise, and the restaurant is a snack shop offering ice cream, milk, cheese, and snack items. Restaurant is defined in Section 23-1-90 of the Weld County Code as any establishment that furnishes food and drink for compensation. 2) The dairy currently operates as a legal Nonconforming Use(NCU)for 200 head of cattle. Existing regulations require dairies to operate as Uses by Special Review. However, an NCU was established in 2001, after determining that the dairy had been in operation since 1970, prior to Use by Special Review requirements. The current request as a guest farm and dairy represents a substitution of the non-conforming use as defined by Section 23-7-30 of the Weld Code. It states, "A nonconforming use may, as a Use by Special Review, be changed to another use which does not conform to the uses allowed in the Zoning District." In this case, the NCU for a dairy is being changed to a Use by Special Review for a dairy, thereby, bringing the site into conformance with the current Weld County Code. Milking, feeding, and raising of livestock will continue. 2006-0925 PL1833 SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY, LLC,C/O LANDPROFESSIONALS, LLC PAGE 3 c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding uses include a rural residence and rural subdivision (Windsong Ranch) to the north, a landscaping business (TimberRock Landscape) to the west, the Town of Windsor, PUD Zone District with Commercial for a future autoplex to the south, and the City of Greeley, Holding Agricultural Zone currently used for agricultural grazing,to the east. The proposed use of the property as a guest farm is compatible with both the current agricultural uses in the area,as well as the emerging retail environment. As a small farm, the retail uses will benefit from the emerging population, while the area will benefit from maintaining agricultural culture at the town edges of both Windsor and Greeley. Windsor,in its comments,noted that the site lies within the Town's Growth Management Area in an area targeted for residential use. As such, typical urban-rural conflicts may emerge in the future. However, the Town notes that this use has existed since the 1970's, and, because central services cannot currently be provided economically to the site,the continued use as a dairy is appropriate. 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 subject property is surrounded on three sides by the Town of Windsor and the City of Greeley; however, it does not lie within either jurisdiction's Urban Growth Boundary. The County does not currently maintain an Intergovernmental Agreement with either municipality; however, the subject property does lie within the three-mile referral area for each. The City of Greeley notes that signs should be placed outside the right-of-way, and suggests that the access drives and parking area be paved. The Weld County Department of Public Works has determined that gravel surfacing meets County regulations. The Town of Windsor requests dedication of additional right-of-way for a standard of 65 feet from the centerline of Weld County Road 17, as well as an annexation agreement. The Weld County Department of Public Works notes that Weld County Road 17, adjacent to the site, has been annexed. A Condition of Approval will require future right-of-way of 65 feet on the Use by Special Review plat map. e. 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. 2006-0925 PL1833 SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY,LLC,C/O LANDPROFESSIONALS,LLC PAGE 4 f. Section 23-2-230.6.6—The applicant has demonstrated a diligent effort to conserve prime farmland. According to the West Greeley Soil Conservation District,a small portion of the site is located on Prime Irrigated Farmland with existing structures. 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 Cozy Cow Dairy, LLC,c/o LANDPROfessionals, LLC for a Site Specific Development Plan and Use by Special Review Permit #1543 for a Guest Farm (educational programming,restaurant,and gift shop)and 200-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 Use by Special Review Permit Plat Map,the following shall be addressed, with evidence of completion provided to the Department of Planning Services: A. Dust Abatement, Fly Control, Odor Control,and Pest Control Plans shall be submitted to the Weld County Department of Public Health and Environment for review and approval. B. The applicant shall submit evidence of an Underground Injection Control Class V Injection Well Permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately,the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. C. In accordance with the Underground and Above Ground Storage Tank Regulations,a spillage retention berm shall be constructed around the tank battery. The volume retained bythe spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed,provided they comply with the Above Ground Storage Tank Regulations. D. The existing septic system serving the facility is designed for 105 persons. The application materials indicate that, at full build-out, approximately 400 people may visit the facility over a 12-hour period. In addition,the application materials indicate that four to five full-time employees and various other part-time and contractual employees are anticipated,depending on usage of the facility. Therefore, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of 2006-0925 PL1833 SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY,LLC,C/O LANDPROFESSIONALS, LLC PAGE 5 observation of the system and a technical review describing the systems 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. In the event the septic system(s) requires a design capacity of over 2,000 gallons of sewage per day, the applicants shall provide evidence that all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment (specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. E. The applicant shall provide written evidence to the Department of Planning Services, from the Town of Windsor, that an attempt has been made to address the items noted in its referral dated February 3, 2006. F. The applicant shall provide written evidence to the Department of Planning Services, from the City of Greeley, that an attempt has been made to address the items noted in its referral dated January 27, 2006. 2. The Use by Special Review Permit Plat Map shall be amended as follows: A. All sheets of the plat map shall be labeled USR-1543. B. The plat map shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. C. The plat map shall be modified to include the attached Development Standards. D. 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. E. Evidence of an easement for the secondary access from the private lane directly north of the Cozy Cow Dairy facility shall be provided,with the Court Case Number noted on the plat map. F. The applicant shall place, on the plat drawing, adequate parking and circulation locations to accommodate personal vehicles, tour buses, and school buses. Adequate turning radii and circulation are required on the site to accommodate school buses and tour buses to negotiate loading, unloading, and parking on the site. One (1) acre will accommodate approximately 100 vehicles. Buses will require additional space for parking and maneuverability. 2006-0925 PL1833 SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY, LLC,CIO LANDPROFESSIONALS, LLC PAGE 6 G. The applicant shall revise the plat map to place a Stop sign at the entrance for safety purposes at the approach to Weld County Road 17. H. The applicant shall revise the plat map to indicate 65 feet from the centerline of Weld County Road 17 as future right-of-way. 3. The applicant shall submit two (2) paper copies of the plat map for preliminary approval to the Weld County Department of Planning Services. 4. Upon completion of Conditions of Approval#1,#2,and#3 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 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 one hundred and twenty(120)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 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 and twenty(120) days from the date of 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. 2006-0925 PL1833 SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY, LLC,CIO LANDPROFESSIONALS,LLC PAGE 7 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 19th day of April, A.D., 2006. ���� BOARD OF •UNTY COMMISSIONERS a\ ELD CO/ TY, COLORADO ATTEST: A .•'w,, � A s'y r'4V2 J. ile, Chair Weld County Clerk to the Cr BY: � , 61G' � 9 �" . PUill Di uty CIe�4f to the Board David E. Long, Pro-Tem Wi . Jerke % n APP AST • . k^�\--/ Ro rt D. Masd n unty ttorney Glenn Vaad Date of signature: 5 iIgac 2006-0925 PL1833 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC USR#1543 1. The Site Specific Development Plan and Use by Special Review Permit#1543 is fora Guest Farm (educational programming, restaurant, gift shop)and 200-Head Dairy located 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 hours of operation for the guest farm component of the use shall be from 6:00 a.m. to 9:00 p.m., seven days a week. The dairy production facility shall operate at all times. 4. No more than twelve (12) employees are to be on the site, exclusive of the resident employee and his/her family. No more than 400 visitors may be allowed on any given day. 5. Landscaping and screening on the site shall be maintained in conformance with the plat map at all times. 6. 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. 7. 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. 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. 9. The facility shall maintain compliance with the Animal Feeding Operation Control Regulations (5 CCR 1002-19). 10. Animal and feed wastes,bedding,debris,and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. 11. 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 forfinal disposal in a manner that protects against surface and groundwater contamination. 12. 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. 2006-0925 PL1833 DEVELOPMENT STANDARDS - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC (USR#1543) PAGE 2 13. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 14. The facility shall operate in accordance with the control measures described in the Comprehensive Manure and Wastewater Management Plan, dated September of 2005. 15. The applicant shall operate in accordance with the approved Waste Handling Plan. 16. The facility shall not discharge run-off or other waste waters to surface or groundwater,with exception to what is allowed by the Confined Animal Feeding Operations (CAFO)Control Regulations. 17. The facility shall be operated in accordance with state law regarding Odor Abatement. Odors detected off-site shall not equal or exceed the level of a 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-site meet or exceed the level of a fifteen-to-one dilution threshold, or if in the judgement of the Weld County Health Officer, there exists an odor condition requiring abatement. 18. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance with the approved Fly Control Plan,at all times. 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 associated with facility,and in the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. 19. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance with the approved Pest Control Plan at all times. 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. 20. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 22. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 25-12-103, C.R.S. 2006-0925 PL1833 DEVELOPMENT STANDARDS - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC (USR #1543) PAGE 3 23. A hand washing station,with soap and paper towels,shall be set up in close proximity to the petting area,and shall be available for use by the public at all times. In addition,signs shall be posted to inform patrons of the importance of hand washing after petting the animals. 24. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 25. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 26. A permanent,adequate water supply shall be provided for drinking and sanitary purposes (City of Greeley). 27. 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. 28. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 29. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 30. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 31. A building permit shall be obtained prior to the construction of any new building, with the exception of agricultural exempt buildings. 32. 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 the Windsor/Severance Fire Protection District. 33. 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 2002 National Electrical Code,and Chapter 29 of the Weld County Code. 34. 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 2006-0925 PL1833 DEVELOPMENT STANDARDS - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC (USR#1543) PAGE 4 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. 35. The main access to the facility serves the existing dairy and office facilities. There is a secondary access from the private lane directly north of the Cozy Cow Dairy facility,which is shared by the adjacent property owners and is privately maintained. 36. There shall be no staging or parking on Weld County Road 17 or the private lane easement. Utilize on-site parking only. 37. Off-site parking spaces, including the access drive,shall be surfaced with gravel,asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems. If the restaurant component is approved,a paved parking slab with Americans with Disability Act (ADA)specification standards for the spaces shall be required. The number of customer seating will determine the parking lot spaces required for the restaurant. 38. This is an active dairywith a Comprehensive Manure and Waste Water Management Plan in place. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,concentration,and/or unplanned ponding of storm run-off. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 39. The operation shall complywith all applicable rules and regulations of the state and federal agencies and the Weld County Code. 40. 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. 41. 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. 42. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 43. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 44. 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. 2006-0925 PL1833 DEVELOPMENT STANDARDS - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC (USR#1543) PAGE 5 45. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 46. 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. 2006-0925 PL1833 Hello