HomeMy WebLinkAbout20040465.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-227
APPLICANT: Cornish Plains Livestock LLLP
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Part of the N2 of Section 4, T6N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (3,000 cattle) in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 74; 1/4 mile east of CR 65.
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 i n effect. Section 22-2-60. A, A.Goal 1 states,
"Conserve agricultural land for agricultural purposes which foster the economic health and
continuance of agricultural." The property is currently being used as an animal feedlot
under USR-227, the applicants are proposing to amend the current USR to 3,000 head of
cattle. Feedlots are considered agricultural related operations.
Section 22-2-60.A,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 feedlot.
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.2 of the Weld County Code provides for Livestock
Confinement Operations 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. The surrounding property to the north, south and east are primarily
agricultural. The surrounding property to the west is residential with the closes residence
2,700 ft. to the west. The development standards and conditions of approval will ensure
compatibility with adjacent properties.
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
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies outside the three mile referral area of any town or
municipality.
E. Section 23-2-220.A.5—The site does not lie within any Overlay Districts. Building Permits
issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact
Program (Ordinance 2002-11).
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prim- 0,4
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agricultural land in the locational decision for the proposed use. The proposed use will tr.
occupy 80 acres which have already been developed by USR-227 and are not designated �a
prime agricultural land.
2004-0465 i�idtp* `xa F,
Resolution AmUSR-227
Cornish Livestock
Page 2
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. All pages of the plat shall be labeled AmUSR-227. (Department of Planning Services)
B. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
C. The applicant shall submit evidence from Coal Ridge Ditch to the Department of Planning
Services indicating they have permission to cross the ditch. (Department of Planning
Services)
D. The applicant shall submit a recorded copy of the 80 acre parcel in question. (Department
of Planning Services)
E. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 74 is designated on the Weld County Roadway Classification Plan,as
local gravel road, which requires 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 County Road
74 shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
3) All three approved accesses shall be clearly shown on the plat. (Department of
Public Works)
4) The dimensions of existing structures and corrals. (Department of Planning
Services)
5) Section 23-3-260 of the Weld County Code addresses operation standards for
Commercial uses. The applicant shall address the issue of on-site lighting,including
security lighting if applicable. Subsection B.6 states "any lighting ... shall be
designed, located and operated in such a manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties...." (Department of Planning Services)
6) The applicant has not delineated any on-site sign(s). If any on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. The signs
shall adhere to Section 23-4-90.A and 23-4-90.B of the Weld County Code. One
identification sign per principal use shall be allowed, provided that the sign does not
exceed sixteen (16) square feet in area per face. Further, the location of the sign,
if applicable shall be delineated on the USR plat. (Department of Planning Services)
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F. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulations and the additional requirements outlined below. This shall be
demonstrated by submitting a comprehensive manure and waste water management plan,
for a 3,000 head facility, to the Weld County Department of Public Health and Environment
for review and approval. Evidence of Weld County Department of Public Health and
Resolution AmUSR-227
Cornish Lives tock
Page 3
Environment approval shall then be submitted to the Department of Planning Services. This
plan shall include, but not be limited to the following:
1) Demonstration that all manure stockpile areas and waste water collection,
conveyance,and retention facilities are adequately sized and constructed to handle
and retain the storm water run-off generated from a twenty-five year, twenty-four
hour storm event. This shall be conducted by a Registered Professional Engineer.
2) Demonstration that any proposed waste water retention structure will be constructed
in accordance with the CAFO Regulations. The demonstration shall be conducted
by a Registered Professional engineer.
3) A site map demonstrating the layout of the site. This should include the locations of
all pens, structures, feed storage areas, any water courses through the property,
manure storage areas, lagoons, etc.
4) A surface contour map which demonstrates all surface water control features on the
site. This should include surveyed surface elevations,indicate flow direction,run-on
and run-off control features, etc.
5) Demonstration that the facility has the ability to manage, dispose, and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations.
6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations.
7) Other necessary measures which are required in order to comply with the CAFO
Regulations.
8) A description of the types of records that will be maintained on the facility, a s
required by the CAFO Regulations.
9) Evidence that the site is graded to convey stormwater or other waste waters to
retention facilities in order to prevent stagnant or pooling water. (Department of
Public Health and Environment)
G. In accordance with the CAFO Regulations, the applicant shall submit the facility's manure
and waste water management plan to the Colorado Department of Public Health and
Environment for review and comment. Evidence of Weld County Department of Public
Health and Environment approval shall then be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
H. 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.
Evidence of Weld County Department of Public Health and Environment approval shall then
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate a septic
permit for the existing home on the property. Any existing septic system(s) which is not
^ currently permitted through the Weld County Department of Public Health&Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S.regulations. Evidence of Weld County Department of Public
Health and Environment approval shall then be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
Resolution AmUSR-227
Cornish Livestock
Page 4
.-. J. The historic run-off and over land flow away from this facility shall be reviewed by both Weld
County Departments of Public Health and Environment and Public Works. Evidence of their
approval shall be submitted the Department of Planning Services. (Department of Planning
Services)
K. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well(s) on the property are
appropriately permitted for the use. (Department of Public Health and Environment)
L. The applicant shall submit the dimensions of the buildings/structures to the Department of
Planning Services such that staff may determine that appropriate parking requirements. Per
Appendix 23-B of the Weld County Land Use, the number of off street parking spaces
required for office related uses is one space for every two employees plus one space for
each 500 feet of office area. The application materials state that there will be two full time
and three part time employees. Therefore three(3)off street parking spaces will be required
for the employees. All on-site parking shall meet the requirements of the Section 23-3-
320.C.3 of the Weld County Land Use Code. (Department of Planning Services)
M. The internal circulation within the site is unclear. Future drawings shall delineate the
proposed circulation pattern throughout the property,including the service yard. (Department
of Planning Services)
N. The applicant shall address the requirements (concerns) of the Colorado State University
Extension Office, as stated in the referral response dated December 23, 2003. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services and Extension Agent)
O. The applicant shall submit evidence to the Department of Planning Services that the person
living in the modular(ZPMH-1182)is principally employed by Cornish Plains Livestock,LLLP.
(Department of Planning Services)
P. The applicant shall submit to the Department of Planning Services a copy of a well permit for
enough water for 3,000 cows or adjust the numbers accordingly. (Department of Planning
Services)
Q. In the application materials the applicant stated that there were three well permits, but only
two were submitted the with application. The applicant shall submit to the Department of
Planning Services a copy of the third well permit. (Department of Planning Services)
R. 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)
2. Upon completion of 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 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
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 mapsaco.weld.co.us. (Department of Planning Services)
4. 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
CORNISH PLAINS LIVESTOCK LLLP
AmUSR-227
1. A Site Specific Development Plan and Special Review Permit for a Livestock Confinement Operation
(3,000 cattle) 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. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. 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
and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and the Weld County Code, as amended. (Department of Public Health and
Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and
Environment)
8. Any required CDPS Permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health & Environment. (Department of Public Health and
Environment)
9. 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 Control Regulations. (Department of
Public Health and Environment)
10. Wastes 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)
11. 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 and Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan. 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 odor levels detected off site of the facility 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)
13. A spillage retention berm shall be required around any fuel container with a volume greater than 50
gallons. The volume retained by the spillage berm should be greater than the volume of the largest
tank inside the berm. (Department of Public Health and Environment)
Resolution AmUSR-227
Cornish Livestock
Page 2
14. 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. 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 and Environment)
15. There shall be no burning conducted at the site, with exception to burning defined as "agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
16. The facility shall be operated in accordance with the approved manure and waste water management
plan. (Department of Public Health and Environment)
17. No cattle shall have direct access to Waters of the State except access that is allowed per the
Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public
Health and Environment)
18. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
19. All septic systems on the facility shall comply with the Weld County Code. (Department of Public
Health and Environment)
20. 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 and Environment)
21. The remaining portion of the site not dealing with the Colorado Confined Animal Feeding Controlled
Regulations shall use the following management practices. The historical flow patterns and run-off
amounts will be maintained on 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.
(Department of Public Works)
22. No off-street parking adjacent to County Road 74 shall be allowed. (Department of Public Works)
23. The off-street parking spaces including the access drive and feed alley's shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
24. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26 The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. Personnel from the 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.
Resolution AmUSR-227
Cornish Livestock
Page 3
28. The 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.
29. 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 Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 February 3, 2004.
Dated the 3f° of February, 2004.
HOC�^�1-"t_� �_
Voneen Macklin •
Secretary
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