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HomeMy WebLinkAbout20050624.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn,that the following resolution be introduced for approval by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: AmUSR-1405 APPLICANT: Aurora Organic Dairy PLANNER: Chris Gathman LEGAL DESCRIPTION: NESE4, E2NE4 and part of the NE4NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Use by Special Review for a 28,803 square foot Milk Processing Facility with a future expansion of 19,000 square feet along with a Livestock Confinement Operation (1700 milking cow dairy) in the A(Agricultural)Zone District LOCATION: South of and adjacent to State Hwy 66; Approx 3/4 mile east of CR 13. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.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 of the Weld County Code states, "Allow commercial or industrial uses which are directly related to, or dependent upon agriculture,to locate within the A(Agricultural)Zone District when the impact to the surrounding properties is minimal,and where adequate infrastructure and services are currently available or reasonably obtainable." The north half of the property was recently used as an animal feedlot and the applicants are proposing an organic milk processing facility and dairy operation which will encompass a majority of the property. Dairies are considered agricultural related operations. Section 22-2-60 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 for agricultural products sold and third in the Country. 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 dairy. The citizens of the County who consume dairy products will also benefit as the dairy provides a desired commodity for the community. b. Section 23-2-220.A.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 Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including livestock confinement operations as a Use by Special Review in the A(Agricultural)Zone District. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. An existing dairy facility(Colorado Dairy)is located to the east of and adjacent to this site. The site is adjacent to agricultural land to the north and west and land located within the floodplain of the St. Vrain River to the south. Grandview Estates Subdivision (within the Town of Mead) is located approximately 1/4 mile north and west of the site (across Highway 66). A special review permit for a 2,500 head dairy was approveda for this site under USR-1405 in June of 2003. This permit would allow a milk processing facility to be added to the site. The Development Standards, Conditions of Approval, and Operations Standards will effectively mitigate any adverse impacts to surrounding areas. m d. Section 23-2-220.A.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 2005-0624 Resolution AmUSR-1405 Aurora Organic Dairy Page 2 code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located outside of the Town of Mead Intergovernmental Agreement area. However, the site is located within the 3-mile referral area for the Town of Mead. The Town of Mead, in their referral received December 16, 2004, indicated no objection to the proposed use. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The southwestern corner of the site is located within the 100-year floodplain. The submitted USR site map indicates that no improvements will be located within the floodplain. A flood hazard development permit will be required if any future improvements are to be located within the floodplain. 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, Area 3. (Ordinance 2002-11) f. Section 23-2-220.A.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 property is designated as prime farm ground according to the U.S.D.A.Soil Conservation Map,dated 1979. A portion of the of the property is designated as irrigated non prime farmground. Improvements currently cover more than half of the property. g. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be labeled AMUSR-1405. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The existing and future right-of-way for State Highway 66 shall be indicated.A total of 75-feet from Highway 66 shall be designated as future right-of-way line for future expansion of State Highway 66. (Department of Public Works) C. The applicant shall address the requirements (concerns) of the Colorado Department of Transportation (CDOT) as outlined in their referral received December 6, 2004. Evidence that access and traffic volume issues have been addressed to the satisfaction of CDOT shall be provided to the Department of Planning Services. (CDOT) D. Existing building permits BCS-040176 and BCS-030560 are required to receive final inspections and certificate of occupancy. (Department of Building Inspection) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Resolution AmUSR-1405 Aurora Organic Dairy Page 3 2. Upon completion of 1. and 2. 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this 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. (Department of Planning Services) 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 bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 5. Prior to Operation of the Livestock Confinement Operation: A. The facility shall operate in compliance with Colorado Water Quality Control Commission (WQCC) Regulation#81. The applicant shall provide the following information to the Weld County Department of Public Health & Environment. 1) Documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation meet seepage rate standards 30 days prior to the use of the impoundment (reference WQCC Regulation 81.5. (2)(b)). 2) 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, within 120 days of placing animals in production area (reference WQCC 81.5 (3.b)). 3) A site plan and site layout, which demonstrates impoundments meet required setbacks to water wells and groundwater(reference WQCC 81.5(6)). (Department of Public Health and Environment) B. The facility shall operate in compliance with Colorado Water Quality Control Commission (WQCC) Regulation #61. The applicant shall provide the following to the Weld County Department of Public Health and Environment. 1) Evidence that a Confined Animal Feeding Operation (CAFO) Colorado Discharge Permit application has been submitted for approval to the Colorado Water Quality Control Division, 180 days prior to placing animals on the operation (reference WCCC Regulation 61.17(5)(b)(iii)).(Department of Public Health and Environment) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT �- DEVELOPMENT STANDARDS Aurora Dairy Corporation AMUSR-1405 1. A Site Specific Development Plan and an Amended Special Review Permit for a 28,803 square foot milk processing facility with a future expansion of 19,000 square feet along with a Livestock Confinement Operation(1,250 milking cow Dairy with 450 head of replacement heifers and dry cows) in the A(Agricultural)Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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 the Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health & Environment) 4. 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. (Department of Public Health & Environment) 5. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 6. 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. (Department of Public Health and Environment) 7. The facility shall control fugitive dust on this site and operate in accordance with the approved dust abatement plan, dated July 11, 2004. (Department of Public Health and Environment) 8. The facility shall be operated in accordance with the approved odor abatement plan dated July 11, 2004. Odors detected off site shall not equal or exceed the level of 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 the odor levels detected off-site meet or exceed the level of fifteen-to-one dilution threshold, or in the judgement of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 9. There shall be no discharge of manure or process wastewater into surface water from the production area, except as provided in the facilities CAFO Colorado Discharge Permit. (Department of Public Health & Environment) 10. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with the approved fly control plan dated July 11, 2004. 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 (associated with facility)complaints, and in the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health & Environment) 11. With exception to the existing septic system serving the residence on the property, all sewage disposal shall be conducted via the St. Vrain Sanitation District. The existing septic system located on the property must comply with all provisions of the Weld County Individual Sewage Disposal System Regulations. Should the septic system serving the existing home require replacement, the residence shall connect to the St. Vrain system. (Department of Public Health & Environment) Resolution AmUSR-1405 Aurora Organic Dairy Page 2 12. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations, which include but are not limited to the following: No open burning except"agricultural open burning" as defined by Reg. 9. Boiler operations shall comply with the construction permit issued by the Air Pollution Control Division. (Department of Public Health & Environment) 13. All process wastewater and industrial wastewater from the proposed dairy barn and milk processing plant(not meant to include stormwater), shall be discharged to the St. Vrain Sanitation District.The facility shall comply with all pre-treatment requirements and their industrial wastewater discharge permit. (Department of Public Health & Environment) 14. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department of Public Health & Environment) 15. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times,with the approved pest 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. (Department of Public Health & Environment) 16. The facility shall operate in compliance with Colorado Water Quality Control Commission (WQCC) Regulation#81. The applicant shall provide the following information to the Weld County Department of Public Health & Environment. A) Documentation, prepared by a Colorado Registered Professional Engineer, that all wastewater impoundments for the confined animal feeding operation meet seepage rate standards 30 days prior to the use of the impoundment(reference WQCC Regulation 81.5. s-.. (2)(b)). B) 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, within 120 days of placing animals in production area (reference WQCC 81.5 (3.b)). C) A site plan and site layout, which demonstrates impoundments meet required setbacks to water wells and groundwater(reference WQCC 81.5(6)). (Department of Public Health and Environment) 17. The facility shall operate in compliance with Colorado Water Quality Control Commission (WQCC) Regulation#61. The applicant shall provide the following to the Weld County Department of Public Health and Environment. A) Evidence that a Confined Animal Feeding Operation (CAFO) Colorado Discharge Permit application has been submitted for approval to the Colorado Water Quality Control Division, 180 days prior to placing animals on the operation (reference WCCC Regulation 61.17(5)(b)(iii)). (Department of Public Health and Environment) 18. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage problems. (Department of Public Works) 19. Approximately 37 employees (not including owners and managers, vendors, veterinarians and nutritionists, consultants)will work at the site as stated in the application materials. (Department of Planning Services) 20) A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) Resolution AmUSR-1405 Aurora Organic Dairy Page 3 21. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has 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. (Department of Building Inspection) 22. The new construction will be classified as U(21,000 square foot Milking Parlor) and 19,000 square foot addition to the existing B, F-1, S-1 (Milk Processing Facility). Fire resistance of walls and openings,construction requirements,maximum building height and allowable areas will be reviewed at the plan review. (Department of Building Inspection) 23. 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 27 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. (Department of Building Inspection) 24. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. (Department of Building Inspection) 25. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 26. Building construction plans for any new buildings or additions to existing buildings must be submitted to the Mountain View Fire Protection District for review and approval before building permits may be issued. (Mountain View Fire Protection District) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Livestock Confinement Operation standards of Section 23-4-350, Weld County Code. 30. Personnel from Weld County Government 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. 31. 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. 32. 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. Motion seconded by Bryant Gimlin Resolution AmUSR-1405 Aurora Organic Dairy Page 4 VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Bruce Fitzgerald James Rohn Tonya Stobel Chad Auer Doug Ochsner James Welch The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 18, 2005. Dated the 18th of January, 2005. \JUnELL2A— iC.L-S Voneen Macklin Secretary FEB 0 3 2005 3:35 p.m. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 18, 2005 A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room,4209 CR 24 %, Longmont, Colorado. The meeting was called to order by Chair, Michael Miller, at 1:30 p.m. ROLL CALL Michael Miller Bryant Gimlin John Folsom James Rohn Bruce Fitzgerald Tonya Strobel Absent Chad Auer Doug Ochsner James Welch Absent Also Present: Chris Gathman, Jacqueline Hatch, Don Carroll, Char Davis The summary of the last regular meeting of the Weld County Planning Commission held on January 4,2005, was approved as read. The following items will be Continued: CASE NUMBER: CZ-1067 APPLICANT: Villano Brothers Properties, Inc. PLANNER: Chris Gathman LEGAL DESCRIPTION: Pt W2W2NW4 of Section 17, T1 N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agriculture)to 1-2 (Industrial). LOCATION: East of and adjacent to CR 27, south of and adjacent to CR 10. CASE NUMBER: CZ-1068 APPLICANT: V &V Properties, Inc PLANNER: Chris Gathman LEGAL DESCRIPTION: Pt W2SW4 of Section 17, T1N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agriculture) to 1-2 (Industrial). LOCATION: East of and adjacent to CR 27; north of and adjacent to CR 8. Chris Gathman, Department of Planning Services, read a letter requesting a continuance to February 15, 2005. The applicant would like to see the outcome of the Fort Lupton hearing in which annexations are being reviewed. Michael Miller asked if the annexations that are being reviewed have no bearing on these properties. Mr. Gathman indicated there is a Villano property being considered but it is not the two before the Planning Commission. There is the option of exploring annexation regarding these properties. The following items are on the Consent Agenda: CASE NUMBER: AmUSR-1416 APPLICANT: William &Ann Stonebraker PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B of RE-3589; Pt of the NE4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Use by CJ Right, Accessory Use or Use by Special Review in the Commercial or { Industrial Zone District(Display Fireworks Storage and fireworks equipment staging facility along with an office) in the A(Agricultural)Zone District LOCATION: South of and adjacent to CR 18; 1/2 mile east of CR 53. — CASE NUMBER: AmUSR-1405 APPLICANT: Aurora Organic Dairy PLANNER: Chris Gathman LEGAL DESCRIPTION: NESE4, E2NE4 and part of the NE4NW4 of Section 31,T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Use by Special Review for a 28,803 square foot Milk Processing Facility with a future expansion of 19,000 square feet along with a Livestock Confinement Operation (1700 milking cow dairy) in the A(Agricultural)Zone District LOCATION: South of and adjacent to State Hwy 66; Approx 3/4 mile east of CR 13. James Rohn moved to approve the Consent Agenda. Bryant Gimlin seconded. Motion carried. The following item will be heard: CASE NUMBER: USR-1488 APPLICANT: John File, Farfrumwurkin LLP PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: E2SW2 & N2 SE4&part of the W2W2 of Lot B of RE-3474; being part of the W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a mineral ✓" resource development facility including dry open pit mining and materials processing in the A(Agricultural)Zone District. LOCATION: South of and adjacent to Hwy 52; west and east of and adjacent to CR 3- 1/4. Jacqueline Hatch, Department of Planning Services presented Case USR-1488,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. James Rohn asked about the Division of Wildlife response and what it included. Ms. Hatch indicated the referral states that there will be no stripping of the topsoil between the months of April and July. The referral also examined the existing vegetation on site and the wildlife that currently uses the site Doug Ochsner asked where the homeowners that are in opposition to the application are located. Ms. Hatch indicated Reflection Bay is located to the north of this site and Virginia Shaw's property is also located to the north of the site. Michael Miller asked Don Carroll, Public Works, about the transportation of materials across CR 3 '''A. Mr. Carroll stated he is not aware of the method but has asked for clarification with regards to the movement of materials from one side of the road to the other. John Folsom asked Mr.Carroll about Hwy 52 west of the interstate and will there be improvements to CR 3'/. . Mr. Carroll stated there have been improvements along the section,there might be a slight turn land along CR 3 ' but he is not aware of a turn slot. Mr. Carroll stated he would rely on what CDOT is asking for. Mr. Carroll did not receive a copy of the referral from CDOT. Mr. Carroll stated the planner would receive the referral response. Ms. Hatch stated it was in the original packet and their response indicated there needed to be 100 feet of right of way north of the highway centerline. CDOT is currently installing southbound to eastbound left turn exceleration lanes. CDOT is also requesting to see the traffic study. Mr. Folsom asked if there was any provision in the requirements for the applicant to comply. Ms. Hatch indicated it was a Conditon of Approval. Peter Wayland, representative for the applicant,provided clarification on the proposal. Mr.Wayland would like to address some of the issue brought forward from the surrounding residents. The applicant tried to get a feel Hello