HomeMy WebLinkAbout20040464.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #227 FOR A LIVESTOCK CONFINEMENT OPERATION (3,000
CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT - CORNISH PLAINS
LIVESTOCK, LLLP
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 11th day of
February,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Cornish Plains Livestock, LLLP, 16317 Highway 52, Box 311, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Amended Use by Special Review
Permit#227 fora Livestock Confinement Operation(3,000 cattle)in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Part of the N1/2 of Section 4, Township 6 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Clair Orr, 800 8th Avenue, Suite 321,
Greeley, Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Amended 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 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
agricultural." The property is currently being used as an animal feedlot under
Use by Special Review Permit#227, and the applicants are proposing to
amend the current Use by Special Review Permit 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
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AMENDED USE BY SPECIAL REVIEW PERMIT#227 - CORNISH PLAINS LIVESTOCK, LLLP
PAGE 2
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 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. 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,and east are primarily agricultural. The surrounding property to
the west is residential, with the closest residence being 2,700 feet to the
west. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code,and any other applicable code provisions or ordinances
in effect,or the adopted Master Plans of affected municipalities. The subject
property lies outside the three-mile referral area of any town or municipality.
e. Section 23-2-230.6.5 —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 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 proposed use will occupy 80 acres which have already been
developed by Use by Special Review Permit#227 and are not designated
prime agricultural land.
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 Cornish Plains Livestock, LLLP for a Site Specific
Development Plan and Amended Use by Special Review Permit#227 fora Livestock Confinement
Operation (3,000 cattle)in the A(Agricultural)Zone District on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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AMENDED USE BY SPECIAL REVIEW PERMIT #227 - CORNISH PLAINS LIVESTOCK, LLLP
PAGE 3
1. Prior to recording the plat:
A. All pages of the plat shall be labeled AmUSR-227.
B. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
C. The applicant shall submit evidence from the Coal Ridge Ditch Company to
the Department of Planning Services indicating they have permission to
cross the ditch.
D. The applicant shall submit a recorded copy of the 80 acre parcel in question.
E. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 74 is designated on the Weld County Roadway
Classification Plan as a 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 Weld County Road 74
shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
3) All three approved accesses shall be clearly shown on the plat.
4) The dimensions of existing structures and corrals.
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...."
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 Sections 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 perface. Further,the location of the
sign, if applicable, shall be delineated on the plat.
F. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations (CAFO) Control Regulations and the additional requirements
outlined below. This shall be demonstrated by submitting a Comprehensive
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AMENDED USE BY SPECIAL REVIEW PERMIT#227 - CORNISH PLAINS LIVESTOCK, LLLP
PAGE 4
Manure and Waste Water Management Plan fora 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
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 stormwater run-off
generated from a twenty-five year, twenty-four hour storm event.
This shall be conducted by a Colorado registered professional
engineer.
2) Demonstration that any proposed waste water retention structure
will be constructed in accordance with the CAFO Control
Regulations. The demonstration shall be conducted by a Colorado
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,
etcetera.
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,
etcetera.
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 Control Regulations.
6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Control
Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control 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.
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AMENDED USE BY SPECIAL REVIEW PERMIT #227 - CORNISH PLAINS LIVESTOCK, LLLP
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G. In accordance with the CAFO Control 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.
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.
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.
J. The applicant shall submit the dimensions of the buildings/structures to the
Department of Planning Services.
K. The applicant shall submit evidence to the Department of Planning Services
that the person living in the modular permitted under Zoning Permit for a
Mobile Home, ZPMH-1182, is principally employed by Cornish Plains
Livestock, LLLP.
L. 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.
M. In the application materials the applicant stated that there were three well
permits, but only two were submitted with the application. The applicant
shall submit to the Department of Planning Services a copy of the third well
permit.
N. 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.
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AMENDED USE BY SPECIAL REVIEW PERMIT#227 - CORNISH PLAINS LIVESTOCK, LLLP
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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 mapseco.weld.co.us.
4. The Amended Use by Special Review activity shall not occur, nor shall any Building
or Electrical Permits be issued, on the property 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 11th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
��`, WELD COUNTY, COLORADO
ATTEST: j �� i 'c9 atall
�``
Robert D. Masden, Chair
Weld County Clerk to t ".: t �i0 �=
� -' EXCUSED
V`? 4 William H. J e, Pro-Tem
BY:
Deputy Clerk to the Boar
eile
A OV AST
Davi . Long
uhty Attorn y
Glenn Vaad
Date of signature: �osw
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORNISH PLAINS LIVESTOCK, LLLP
AMUSR#227
1. The Site Specific Development Plan and Amended Use by Special Review Permit#227 is
for a Livestock Confinement Operation(3,000 cattle)in the A(Agricultural)Zone District,as
indicated in the application materials on file and subject tot he Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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.
6. The facility shall maintain compliance with CAFO Control Regulations(5 CCR 1002-19)and
the Weld County Code.
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.
8. Any required Colorado Discharge Permit System (CDPS) Permit shall be maintained in
compliance with the Water Quality Control Division of the Colorado 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 CAFO Control Regulations.
10. 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.
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 CAFO Control Regulations (5 CCR 1002-19).
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DEVELOPMENT STANDARDS - CORNISH PLAINS LIVESTOCK, LLLP (AMUSR #227)
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12. The facility shall be operated in accordance with the approved Odor Abatement Plan. 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 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.
13. A spillage retention berm shall be required around anyfuel 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.
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance with the approved Fly Control Plan at all times. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies, which can be determined to be associated with the
facility,are in such a number to be considered a nuisance condition. The plan shall also be
implemented in the event the Weld County Department of Public Health and Environment
receives a significant number of fly complaints associated with the facility, and in the
judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
15. There shall be no burning conducted at the site,with exception to"agricultural open burning"
as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations.
16. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
17. No cattle shall have direct access to waters of the State except access that is allowed per
the CAFO Control Regulations (5 CCR 1002-19).
18. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
19. All septic systems on the facility shall comply with the Weld County Code.
20. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance with the approved Pest Control Plan at all times. Additional control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that rodents,which can be determined to be associated with the
facility, are in such a number to be considered a nuisance condition.
21. The remaining portion of the site, not dealing with the CAFO Controlled Regulations,shall
use the following management practices. 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.
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22. No staging or parking shall be allowed on the right-of-way for Weld County Road 74.
23. The accesses onto the property shall be surfaced with gravel or the equivalent fora distance
of 50 feet from the County right-of-way and shall be graded to prevent drainage problems..
24. 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.
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.
28. 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.
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.
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