HomeMy WebLinkAbout20031442.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1405 FOR A LIVESTOCK CONFINEMENT OPERATION (2,500-HEAD
MILKING COW DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT - AURORA
DAIRY - COLORADO
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 18th day of
June, 2003,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Aurora Dairy-Colorado, 1025-4A North Main,High Springs,Florida 32643,do Aurora
Dairy Corporation, 7228 State Highway 66, Platteville, Colorado 80651, for a Site Specific
Development Plan and Use by Special Review Permit#1405 fora Livestock Confinement Operation
(2,500-head milking cow dairy)in the A(Agricultural)Zone District on the following described real
estate, to-wit:
NE1/4SE1/4,E1/2NE1/4,and partofthe NE1/4NW1/4
of Section 30, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tom 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.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect. A.Goal 1 states,
"Conserve agricultural land for agricultural purposes which foster the
economic health and continuance of agricultural." The north half of the
property was recently used as an animal feedlot and the applicants are
proposing a dairy operation which will encompass a majority of the property.
Dairies are considered agricultural related operations. A.Policy 1 states,
"Agricultural zoning will be established and maintained to promote the
County's agricultural industry." Weld County ranks first in the state for
2003-1442
PL1673
PL, i9r"rc - Pelj htLCL2c2) PC°
SPECIAL REVIEW PERMIT#1405 -AURORA DAIRY- COLORADO
PAGE 2
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.B.2--The proposed use is consistentwith 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 23-2-230.B.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. This site is also operated
by Aurora Dairy. The site is adjacent to agricultural land to the north and
west,as well as 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. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect,or the adopted Master Plans of affected municipalities. The 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 March 25, 2003,
indicated no conflicts with its interests.
e. Section 23-2-230.8.5--The application complies with Section 23-5 of the
Weld County Code. The southwestern corner of the site is located within the
100-yearfloodplain.The submitted Use by Special Review Permit 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.
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 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
2003-1442
PL1673
SPECIAL REVIEW PERMIT#1405 -AURORA DAIRY - COLORADO
PAGE 3
the property is designated as irrigated non-prime farmground. Improvements
from a feedlot facility cover more than half of the property. The dairy facility
will cover a greater area than the feedlot facility, but is still considered an
agricultural related use.
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 Dairy-Colorado,do Aurora Dairy Corporation,for
a Site Specific Development Plan and Use by Special Review Permit #1405 for a Livestock
Confinement Operation (2,500-head milking 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 USR-1405.
B. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the property's mineral
owners/operators stipulating that the oil and gas activities have adequately
been incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owners.
C. 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.
3) The Use by Special Review Permit boundary shall be a solid heavy
line.
4) The entire property shall be delineated on each sheet.
5) The approved Screening Plan.
6) The access to the proposed facility.
7) Corral lighting location and type, if known.
D. The applicant shall address the requirements or concerns of the Colorado
Department of Transportation (CDOT) as outlined in its referral received
March 5, 2003. Evidence that access and traffic volume issues have been
2003-1442
PL1673
SPECIAL REVIEW PERMIT#1405 - AURORA DAIRY- COLORADO
PAGE 4
addressed to the satisfaction of CDOT shall be provided to the Department
of Planning Services.
E. 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
Manure and Waste Water Management Plan,fora 2,500-head dairy,to the
Weld County Department of Public Health and Environment for review and
approval. Evidence of Health Department approval shall be provided 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
and have a seepage rate not to exceed 1/32-inch per day. 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, and 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 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.
2003-1442
PL1673
SPECIAL REVIEW PERMIT#1405 - AURORA DAIRY- COLORADO
PAGE 5
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.
F. 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.
G. 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 Health Department approval shall be
provided to the Department of Planning Services.
H. Due to the age of the system, an Individual Sewage Disposal System
(I.S.D.S.)evaluation is required for the septic system currently serving the
home on the property. In the event the system is found to be inadequate,the
system must be brought into compliance with current I.S.D.S. Regulations.
Special Use Permit #53 shall be vacated by the Weld County Board of
County Commissioners.
J. 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 one hundred eighty(180)
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 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.
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.
2003-1442
PL1673
SPECIAL REVIEW PERMIT#1405 - AURORA DAIRY - COLORADO
PAGE 6
5. Prior to Construction:
A. A Building Permit shall be obtained prior to the construction of the milking
parlor. Buildings that meet the definition of an Agricultural Exempt Building,
as specified in Section 29-3-208.13 of the Weld County Code, do not need
Building Permits; however, those buildings shall obtain a Certificate of
Compliance in accordance with Section 29-3-206.13. An Electrical Permit
and/or Plumbing Permit shall be required for any electrical work or plumbing
allowed in an Agricultural Exempt Building. Pens or corrals do not require
Building Permits.
6. Prior to operation:
A. The applicant shall attempt to address the requirements of the Mountain View
Fire Protection District as stated in its referral received March 18, 2003.
Evidence of such shall be provided to the Department of Planning Services.
B. The applicant shall address the requirements of the St. Vrain Sanitation
District as stated in its referral received March 6, 2003. Evidence of such
shall be provided to the Department of Planning Services.
C. The applicant shall address the recommendations of the Little Thompson
Water District as stated in its referral received February 26,2003. Evidence
of such shall be provided to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
2003-1442
PL1673
SPECIAL REVIEW PERMIT#1405 - AURORA DAIRY - COLORADO
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: fit, i�f``, La
vi E. Lo , Chair
�" A(V,
Weld County Clerk tot ,,,,. O °CP1♦
�i►�lC Robert D. as en, Pro- em
BY: Deputy Clerk to the
M. J. eille/e��
V D AS T M: '"as^ii"���..��
keat
William Jerke
ty ttorn y Zug/4/.(05S_______
Glenn Vaad
Date of signature: (1/27
2003-1442
PL1673
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AURORA DAIRY - COLORADO
CIO AURORA DAIRY CORPORATION
USR#1405
1. The Site Specific Development Plan and Use by Special Review Permit #1405 is for a
Livestock Confinement Operation(2,500-head milking cow dairy)in the A(Agricultural)Zone
District, as indicated in the application materials on file and subject to the 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. 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).
4. The facility shall be in compliance with the CAFO Control Regulations prior to final approval
of the proposed use.
5. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. 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.
7. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
8. 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.
9. The facility shall have sufficient equipment available to implement dust control as required
by the approved Dust Abatement Plan.
10. 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 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.
2003-1442
PL1673
DEVELOPMENT STANDARDS -AURORA DAIRY- COLORADO (USR #1405)
PAGE 2
11. The facility shall maintain compliance with CAFO Control Regulations(5 CCR 1002-19)and
the Weld County Code.
12. 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.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. 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.
15. 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.
16. 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 complaints associated with facility,and in the judgement
of the Weld County Health Officer, there exists a fly condition requiring abatement.
17. 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 I.S.D.S.
Regulations. Should the septic system serving the existing home require replacement,the
residence shall connect to the St. Vrain system.
18. 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.
19. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
20. 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).
21. All process waste water(not meant to include stormwater),as defined by the CAFO Control
Regulation,shall be discharged to the St.Vrain Sanitation District. The facility shall comply
with all requirements of the District.
22. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
23. The facility shall be operated in a manner to control pests. The facility shall be operated in
2003-1442
PL1673
DEVELOPMENT STANDARDS - AURORA DAIRY - COLORADO (USR#1405)
PAGE 3
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.
24. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage
problems.
25. 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.
26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currentlythe following has been adopted by Weld County: 1997 Uniform
Building Code (UBC), 1998 International Mechanical Code (IMC), 1997 International
Plumbing Code (IPC), 2002 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
27. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
28. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
29. Building height shall be measured in accordance with the 1997 UBC 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.
30. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year floodplain.
31. 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 Fee Program.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
2003-1442
PL1673
DEVELOPMENT STANDARDS -AURORA DAIRY - COLORADO (USR #1405)
PAGE 4
34. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operation standards of Section 23-4-350, Weld County Code.
35. 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.
36. 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.
37. 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.
2003-1442
PL1673
Hello