HomeMy WebLinkAbout20050623.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1405 FOR A MILK PROCESSING FACILITY WITH A FUTURE
EXPANSION,ALONG WITH A LIVESTOCK CONFINEMENT OPERATION(1,700-COW
DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT - AURORA ORGANIC DAIRY
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 16th day of
March,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Aurora Organic Dairy, 6788 Highway 66, Longmont, Colorado 80504, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1405 for a Milk
Processing Facility with a future expansion, along with a Livestock Confinement Operation
(1,700-cow dairy)in the A(Agricultural)Zone District on the following described real estate,to-wit:
NE1/4SE1/4,E1/2NE1/4,and partofthe NW1/4NE1/4
of Section 31, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AGPROfessionals, LLC,
4311 Highway 66, Suite 4, 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 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 23-2-230.8.1 --The proposed use is consistent with Chapter22 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
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AMENDED SPECIAL REVIEW PERMIT#1405 -AURORA ORGANIC DAIRY
PAGE 2
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 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.6.16 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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. An existing dairy facility(Colorado
Dairy) is located 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 one-quarter mile north and west of
the site (across Highway 66). Use by Special Review Permit#1405 was
approved in June of 2003,fora 2,500-head dairy. This permit would allow a
milk processing facility to be added to the site.The Conditions of Approval,
Development Standards,and Operations Standards will effectively mitigate
any adverse impacts to surrounding areas.
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
located outside of the Town of Mead Intergovernmental Agreement area.
However,the site is located within the three-mile referral area for the Town
of Mead. The Town of Mead, in its referral received December 16, 2004,
indicated no objection to the proposed use.
e. Section 23-2-230.6.5--The application complies with Chapter23,Article 5,
of the Weld County Code. The southwestern corner of the site is located
within the 100-year floodplain. The submitted Use by Special Review site
map indicates 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.
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AMENDED SPECIAL REVIEW PERMIT#1405 -AURORA ORGANIC DAIRY
PAGE 3
f. Section 23-2-230.6.6--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 property is designated as irrigated non-prime farmground. Improvements
currently cover more than half of the property.
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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Aurora Organic Dairy fora Site Specific Development Plan
and Amended Use by Special Review Permit#1405 for a Milk Processing Facility with a future
expansion,along with a Livestock Confinement Operation(1,700-cow dairy)in the A(Agricultural)
Zone District on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The plat shall be labeled AMUSR-1405.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
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 for future expansion of State Highway 66.
C. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation (CDOT), as outlined in its 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.
D. Existing Building Permits, BCS-040176 and BCS-030560, are required to
receive final inspections and Certificates of Occupancy.
E. 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.
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AMENDED SPECIAL REVIEW PERMIT#1405 -AURORA ORGANIC DAIRY
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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 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 maoseco.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 bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for
each permit.
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 and
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 Regulation 81.5(3.b)).
3) A site plan and site layout,which demonstrates impoundments meet
required setbacks to water wells and groundwater(reference WQCC
Regulation 81.5(6)).
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.
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AMENDED SPECIAL REVIEW PERMIT#1405 -AURORA ORGANIC DAIRY
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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 WQCC
Regulation 61.17(5)(b)(iii)).
6. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued, until the 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 16th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4/24 'LI-\ /14,—,
William H. Jerke, Chair
i�� lerk to the Board
` ' EXCUSED
M.` e�t Pr�a•Tepny
o .'": J�f� °�� dam° �J
uty Clerk to the Board —
D ' E. Long
D AS TO f 4,\\\\- -------
Robert D. Mas en
u tfi y'Attor ey Sty AA
Glenn Vaad
Date of signature: �-/g5
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AURORA ORGANIC DAIRY
AMUSR#1405
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1405 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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).
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.
5. 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.
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.
7. The facility shall control fugitive dust on this site and operate in accordance with the
approved Dust Abatement Plan, dated July 11, 2004.
8. The facility shall be operated in accordance with the approved Odor Abatement Plan,dated
July 11,2004. Odors detected off the 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 the 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.
9. There shall be no discharge of manure or process wastewater into surface water from the
production area, except as provided in the facility's CAFO Colorado Discharge Permit.
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
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DEVELOPMENT STANDARDS - AURORA ORGANIC DAIRY (USR#1405)
PAGE 2
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 the
facility,and in the judgement of the Weld County Health Officer,there exists a fly condition
requiring abatement.
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 (I.S.D.S.) Regulations. Should the septic system serving the
existing home require replacement, the residence shall connect to the St. Vrain system.
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 Regulation 9,Boiler Operations,and shall comply
with the construction permit issued by the Air Pollution Control Division.
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.
14. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
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.
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 and 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(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
the production area (reference WQCC Regulation 81.5(3.b)).
c) A site plan and site layout, which demonstrate impoundments meet required
setbacks to water wells and groundwater (reference WQCC 81.5 (6)).
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DEVELOPMENT STANDARDS -AURORA ORGANIC DAIRY (USR #1405)
PAGE 3
17. The facility shall operate in compliance with Colorado Water Quality Control Commission
(WQCC) Regulation #61.
18. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage
problems.
19. Approximately 37 employees(not including owners and managers,vendors,veterinarians,
nutritionists, and consultants)will work at the site as stated in the application materials.
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. Submit a Code Analysis Data sheet
provided by the Weld County Department of Building Inspection with each building permit
application.
21. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2003 International Fuel Gas Code, and the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
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.
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
Chapter27 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.
24. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year floodplain.
25. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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DEVELOPMENT STANDARDS -AURORA ORGANIC DAIRY (USR #1405)
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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. 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.
31. The Amended 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.
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