HomeMy WebLinkAbout20031443.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,along with the deletion of Development Standard#4,addition of 2 B 7&2 K,delete
2 D, amend 3 to state 180 days, move 1B to 2A, 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: USR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Chris Gathman
LEGAL DESCRIPTION: NE4SE4, E2NE4 and part of the NE4NW4 of Section 30, T3N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Livestock
Confinement Operation (2,500 milking cow dairy) in the A (Agricultural)
Zone District.
LOCATION: South of and adjacent to State Hwy 66; approximately 3/4 mile east of
WCR 13.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. 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 and promote the
County's agricultural industry." Weld County ranks first in the state for agricultural products
sold and third in the Country. Most of the corn grown in the County is used for feed at
commercial feedlots,farm feedlots and dairies. This proposal will benefit the farmers who
will provide feed and other products to the dairy. The citizens of the County who consume
dairy products will also benefit as the dairy provides a desired commodity for the
community.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.B.16 of the Weld County Code provides for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including livestock confinement operations
as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. An existing dairy facility(Colorado Dairy) is located to the east of
and adjacent to this site. This site is also operated by Aurora Dairy. The site is adjacent to
agricultural land to the north and west and land located within the floodplain of the St.Vrain
River to the south. Grandview Estates Subdivision (within the Town of Mead) is located
approximately 1/4 mile north and west of the site (across Highway 66). The applicant is
proposing to plant trees along the northern and southern property lines for screening and
dust control. The Development Standards, Conditions of Approval, and Operations f
Standards will effectively mitigate any adverse impacts to surrounding areas.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future I 3
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
2003-1443
Resolution USR-1405
Aurora Dairy
Page 2
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located outside of the Town of Mead Intergovernmental
Agreement area. However, the site is located within the 3-mile referral area for the Town
of Mead. The Town of Mead, in their referral received March 25, 2003, indicated no
conflicts with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The southwestern corner of the site is located within the 100-year floodplain. The
submitted USR site map indicates that no improvements will be located within the
floodplain. A flood hazard development permit will be required if any future improvements
are to be located within the floodplain.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Wide Road Impact Program, Area 3. (Ordinance
2002-11)
f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The majority of the property
is designated as prime farm ground according to the U.S.D.A.Soil Conservation Map,dated
1979. A portion of the of the property is designated as irrigated non prime farmground.
Improvements 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 23-2-220.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 recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1405. (Department of Planning Services)
B. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties 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. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The existing and future right-of-way for State Highway 66. (Department of Public
Works)
3. The USR boundary shall be a solid heavy line. (Department of Planning Services)
Resolution USR-1405
Aurora Dairy
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4. The entire property shall be delineated on each sheet. (Department of Planning
Services)
5. The approved screening plan. (Department of Planning Services)
6. The access point to the proposed facility. (Department of Planning Services)
7. Corral lighting location and type (if known). (Department of Planning Services)
D. The screening plan shall include the following information:
1. The common, botanical name and sizes of the proposed trees.
2. The location of the proposed trees. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation (CDOT)as outlined in their referral received March 5, 2003. Evidence that
access and traffic volume issues have been addressed to the satisfaction of CDOT shall be
provided to the Department of Planning Services. (CDOT)
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 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 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 and to have a seepage rate
not to exceed 1/32"/day. 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, as
required by the CAFO Regulations.
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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 & Environment)
G. In accordance with CAFO, 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. (Department of Public Health & 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 Health Department approval shall be provided to the Department
of Planning Services. (Department of Public Health & Environment)
Due to the age of the system, an ISDS 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 ISDS regulations.
(Department of Public Health & Environment)
J. The applicant shall submit a letter signed by the property owner(s) requesting the
vacation of Special Use Permit 53. Special Use Permit 53 shall be vacated by the
Weld County Board of County Commissioners. (Department of Planning Services)
K. 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)
L. The applicant shall submit a plan detailing how the proposed trees will be irrigated.
(Department of Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with
all other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within 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. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Recorded Exemption/Subdivision Exemption/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)
5. Prior to release of building permits:
A. A plan review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each
permit. (Department of Building Inspection)
6. 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 Ag Exempt building as specified
in Section 29-3-20B.13 of the Weld County Code do not need building permits,
Resolution USR-1405
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however those buildings shall obtain a Certificate of Compliance in accordance
with Section 29-3-20B.13. An electrical permit and/or plumbing permit shall be
required for any electrical work or plumbing allowed in an Ag Exempt building.
Pens or corrals do not require building permits. (Department of Building
Inspection)
7. Prior to operation:
A. The applicant shall attempt to address the requirements of the Mountain View
Fire Protection District as stated in their referral received March 18, 2003.
Evidence of such shall be provided to the Department of Planning Services.
(Mountain View Fire Protection District)
B. The applicant shall address the requirements of the Saint Vrain Sanitation
District as stated in their referral received March 6, 2003. Evidence of such
shall be provided to the Department of Planning Services. (Saint Vrain
Sanitation District)
C. The applicant shall address the recommendations of the Little Thompson Water
District as stated in their referral received February 26,2003. Evidence of such
shall be provided to the Department of Planning Services. (Little Thompson
Water District)
8. 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)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aurora Dairy Corporation
USR-1405
1. The Site Specific Development P Ian and Special Use Permit i s for a Livestock Confinement
Operation (2,500 Head Dairy) in the A (Agricultural)Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors,flies,insect pests,or pollutant runoff. The surface beneath
the manure storage areas shall be of materials which are protective of State waters. These areas
shall be constructed to minimize seepage or percolation of manure contaminated water. In no event
shall the facility impact or degrade waters of the State in violation of the Confined Animal Feeding
Operations Control Regulation (5 CCR 1002-19). (Department of Public Health & Environment)
4. The facility shall be in compliance with the Confined Animal Feeding Operation Regulations prior
to final approval of the proposed use. (Department of Public Health and Environment)
5. All liquid and solid wastes (as defined i n the Solid Wastes Disposal Sites and F acilities A ct,
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. (Department of Public Health and Environment)
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. (Department of Public Health
& Environment)
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. (Department of Public Health & Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Light industrial
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. The facility shall have sufficient equipment available to implement dust control as required by the
approved Dust Abatement Plan. (Department of Public Health and Environment)
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 I evels detected off-site meet ore xceed the I evel off ifteen-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)
11. 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 &
Environment)
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. (Department of Public Health & Environment)
13. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
Resolution USR-1405
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14. 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
& 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 Confined Animal Feeding Operations Control Regulations.
(Department of Public Health & Environment)
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
(associated with facility)complaints, and in the judgement of the Weld County Health Officer, there
exists a fly condition requiring abatement. (Department of Public Health & Environment)
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 Individual Sewage Disposal
System Regulations. Should the septic system serving the existing home require replacement,the
residence shall connect to the St. Vrain system. (Department of Public Health & Environment)
18. 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 & Environment)
•"` 19. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health & Environment)
20. 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 & Environment)
21. All process waste water (not meant to include stormwater), as defined by the Confined Animal
Feeding Operations Control Regulation, shall be discharged to the St.Vrain Sanitation District. The
facility shall comply with all requirements of the District. (Department of Public Health &
Environment)
22. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health & Environment)
23. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times,with the approved pest control plan. Additional control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event that rodents (which can be determined to be associated with the facility) are in such a
number to be considered a nuisance condition. (Department of Public Health & Environment)
24. All feed alleys shall be surfaced with gravel and shall be graded to prevent drainage problems.
(Department of Public Works)
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. (Department of Building Inspection)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County:1997 Uniform Building Code,
1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
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27. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed bya Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer. (Department of Building Inspection)
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 the Zoning Ordinance. (Department of
Building Inspection)
29. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining the maximum building size and h eight f or v arious uses and types o f
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
30. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year
flood plain. (Department of Building Inspection)
31. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
32. The landscaping on site shall be maintained in accordance with the approved screening plan.
(Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Livestock Confinement
Operation standards of Section 23-4-350, Weld County Code.
36. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order t o ensure the a ctivities carried out o n the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
37. 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.
38. 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 Stephen Mokray
Resolution USR-1405
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VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 April 15, 2003.
Dated the 15th of April, 2003.
Qc/C----)
Voneen Macklin
Secretary
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