HomeMy WebLinkAbout20051469.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1503 FOR A LIVESTOCK CONFINEMENT OPERATION IN THE
A(AGRICULTURAL) ZONE DISTRICT - CHAD AND ANGELA LEASE AND MICHAEL
LAFFERTY
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 1st day of
June, 2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Chad and Angela Lease,4652 Peak View, Erie,Colorado 80516, and Michael Lafferty,
4702 Peak View, Erie, Colorado 80516,for a Site Specific Development Plan and Use by Special
Review Permit#1503 fora Livestock Confinement Operation in the A(Agricultural)Zone District on
the following described real estate, to-wit:
Lot 8 of Scott's Acres; being part of the NE1/4 of
Section 9, Township 1 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicants were present 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 recommendations 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 Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A (A.Goal 1) states, "Conserve agricultural land for
agricultural purposes which foster the economic health and continuance of
agriculture." The property is currently being used as a Livestock
Confinement Operation. Feedlots are considered agricultural related
operations.
1) Section 22-2-60.A.1 (A.Policy 1.1)states,"Agricultural zoning will be
established and maintained and promote the County's agricultural
industry." Weld County ranks first in the State and third in the
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SPECIAL REVIEW PERMIT#1503 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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Country for agricultural products sold. Most of the corn grown in the
County is used for feed at commercial feedlots, farm feedlots and
dairies. This proposal will benefit the farmers who will provide feed
and other products to the feedlot.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently, the property is in violation
(VI-0400244)for the Livestock Confinement Operation of more than four(4)
cows per acre on the property without an approved and recorded Use by
Special Review Permit. Upon approval of the Use by Special Review Permit,
the violation will be closed. Section 23-3-40.6.2 of the Weld County Code
provides for Livestock Confinement Operations 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 surrounding property to the
north, south, east and west are residential (Scott Acres Subdivision). No
correspondence has been received from the surrounding property owners
regarding the proposed development. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties.
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. The subject
property lies within the three-mile referral area of the City of Dacono,City of
Erie,Town of Firestone,Town of Frederick, Boulder County,and Broomfield
County. The Department of Planning Services has not received a referral
response from the City of Dacono, City of Erie, Town of Firestone, Town of
Frederick, Boulder County, or Broomfield County.
e. Section 23-2-230.6.5—Building permits issued on the lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
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 applicant will use approximately 3.41 acres for a Livestock
Confinement Operation.
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.
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SPECIAL REVIEW PERMIT#1503 - CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Chad and Angela Lease and Michael Lafferty for a Site
Specific Development Plan and Use by Special Review Permit#1503 fora Livestock Confinement
Operation 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 pages of the plat shall be labeled USR-1503.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Peak View and Bruce Road are designated on the Weld County
Road Classification Plan, as local gravel subdivision roads, which
require 60 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. A total of 30 feet from the centerline of Peak
View and Bruce Road shall be delineated on the plat as right-of-way.
These roads are maintained by Weld County.
3) The home and business shall use the existing residential/agricultural
accesses, as no additional accesses shall be granted.
4) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
C. The applicant shall attempt to address the requirements and concerns of the
Colorado Division of Wildlife, as stated in the referral response dated
March 2, 2005. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
D. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of their approval
shall be submitted to the Department of Planning Services.
E. The applicant shall submit a Manure Management Plan to the Weld County
Department of Public Health and Environment for review and approval. The
plan should describe how manure generated on the site will be stored,
managed, removed, land applied, etcetera. The plan should also describe
the fate of any stormwater that may come into contact with manure.
Evidence of their approval shall be submitted to the Department of Planning
Services.
F. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval by the Weld County
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Department of Public Health and Environment shall be submitted to the Weld
County Department of Planning Services. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
G. The applicant shall submit written evidence to the Department of Planning
Services that they have met the requirements of the Left Hand Water District.
H. 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 thirty(30)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 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. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued,until the Use by Special Review plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
5. Prior to the issuance of building permits:
A. The applicant shall submit evidence of a Colorado Discharge Permit System
or CDPS permit from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, to satisfy
requirements as delineated in 5 CCR-1002-61. Alternately,the applicant can
provide evidence from CDPH&E that they are not subject to the CDPS
requirements.
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6. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed residence
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
7. Prior to Operation:
A. The septic system serving the existing residence and restroom facilities for
future employees shall be reviewed by a Colorado registered professional
engineer. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of June, A.D., 2005.
60
BOARD OF COUNTY COMMISSIONERS
C
p V . / % WELD COUNTY, COLORADO
C/04.11/42 ai /Leah William H. J ke, Chair
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,Dd t'"u , Clerk to the Board
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Deputy Clerk to the Board
David E. Long jt
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Robert D. asden
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Date of signature: / - A5---17S---
2005-1469
PL1777
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHAD AND ANGELA LEASE AND MICHAEL LAFFERTY
USR#1503
1. A Site Specific Development Plan and Use by Special Review Permit #1503 is for a
Livestock Confinement Operation in the A(Agricultural) Zone District.
2. Allow a maximum of 150 calves,with a maximum age of six months,as well as allowing up
to four mature animals for personal use.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. 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 manure storage site shall have a water-tight surface which does not permit
seepage or percolation of manure pollutants into the ground.
5. The facility shall maintain Best Management Practices as outlined in the Confined Animal
Feeding Operation (CAFO) Control Regulations (5 CCR 1002-19).
6. 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. Such
wastes shall be removed at least weekly from the facility.
7. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. 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.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
12. The facility shall be operated in accordance with the approved Dust Abatement Plan at all
times.
13. 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.
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14. Adequate toilet and hand washing facilities shall be provided for employees. The employees
shall be allowed to use the toilet facilities located in the residence.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
16. The facility shall utilize the existing public water supply (Left Hand Water District).
17. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling,and in a mannerthat minimizes the release of hazardous
air pollutants and volatile organic compounds.
18. The operation shall complywith all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
19. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and not 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.
20. A separate building permit shall be obtained prior to the construction of any building.
21. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Residential building
plans may be required to bearthe wet stamp of a Colorado registered architect or engineer.
Provide plans to the Mountain View Fire Protection District for its review and approval.
22. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Residential
Code, 2003 International Building Code, 2003 International Mechanical Code, 2003
International Plumbing Code,2003 International Fuel Gas Code, 2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
23. New structures will require an engineered foundation based on a site-specific geotechnical
reportoran open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
24. As indicated by the application, the number of employees for the Livestock Confinement
Operation shall be limited to two (2).
25. Fire resistance of walls and openings,construction requirements,maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
26. 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
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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.
27. The access drive shall be surfaced with gravel or the equivalent, and shall be graded to
prevent drainage problems.
28. Effective January 1, 2003, building permits issued on the proposed development will be
required to adhere to the fee structure of the County-Wide Road Impact Program.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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 complywith the
Development Standards stated herein and all applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed
bythe 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.
34. 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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