HomeMy WebLinkAbout20192301.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0020, FOR A LIVESTOCK CONFINEMENT OPERATION (7,000
HEAD OF CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT - RUSSELL AND
CONNIE MOSS
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 26th day of
June, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Russell and Connie Moss, 39360 CR 41, Ault, Colorado 80610, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0020, for a Livestock
Confinement Operation (7,000 head of cattle) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX17-0111; being
part of the W1/2 SW1/4 and Lot B of Recorded
Exemption, RECX17-0151; being part of the S1/2;
All in Section 16, Township 7 North, Range 65 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, Unit 200, Greeley, Colorado 80634, 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 recommendation 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 23-2-230.6 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.
1) Section 22-2-20.6 (A.Goal 2) states: "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other
proposed new uses that would hinder the operations of the
agricultural enterprises."
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2) Section 22-2-20.6.3 (A.Policy 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment or agri-tourism uses." The site already contains a
Use by Right feedlot. The proposed expansion of the livestock
confinement operation will not change the character of the site.
There are other dairies and feedlots in the area. The site is large
enough (175 acres) to handle the expansion, which will be located
to the west of the existing facilities.
2) Section 22-2-20.H.4 (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted and reviewed by the Weld County
Department of Public Works. The site meets exception F.A.1.a.15
for confined feeding operations. No concerns were identified with
the drainage narrative.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District
1) Section 23-3-10 — Intent, states, in part: "Agriculture in the County
is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County." A livestock confinement
operation is an Agricultural Use, and is permitted under
Section 23-3-40.B.16 as a Use by Special Review.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, other livestock confinement operations and dairies, and rural
residences. There are five (5) USRs within one (1) mile of this site.
USR-1583 is for an agricultural service establishment, AMUSR-199 is for a
feedlot, MUSR15-0011 is for a 9,600 -head feedlot and Second
Single -Family home, USR-1349 is for a 2,675 -head dairy, and USR-1368
is for a 50 -dog kennel. The Weld County Department of Planning Services
sent notice to seven (7) surrounding property owners. Planning staff
received a phone call from one (1) neighbor to confirm that the expansion
was not on the east side of the property, which it is not. Two (2) letters were
received from surrounding property owners stating concerns related to
odor, flies, and dust. Truck traffic was also a concern and a neighbor
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suggested increased blading of the road. The proposed USR is in an area
that can support this development, as there are several dairies and
livestock confinement areas in the close vicinity. The Conditions of
Approval and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and will ensure compatibility with
surrounding land uses and the region. Additionally, the application
materials included a Nuisance Management Plan and Preliminary Waste
Management Plan, per the Colorado Department of Public Health and
Environment Concentrated Animal Feeding Operation (CAFO)
requirements, which will help mitigate potential impacts of the feedlot.
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. This site is located within the three (3) mile referral area of
the Towns of Ault and Eaton, and the Coordinated Planning
Agreement (CPA) boundary of the Town of Ault. The applicant sent the
Town of Ault a Notice of Inquiry (NOI) and did not receive a response. The
application was accepted after the twenty-one (21) days. No referral
agencies objected to this USR.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located in a Special
Flood Hazard Area and Conditions were provided. The property is not
within the Geologic Hazard Overlay District or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
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 facility is located on soils designated as "Prime
(Irrigated) - Farmlands of National Importance," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
entire parcel has this designation. This USR is an expansion of an existing
feedlot and will still allow much of the land to be used for productive
farmland, as the feedlot operation will be located on the southern portion
of the parcel.
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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Russell and Connie Moss, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0020, for a Livestock Confinement
Operation (7,000 head of cattle) 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 map:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
B. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0020.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
5) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
6) The map shall delineate the lighting, if applicable. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
7) County Road 41 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site plan. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
8) County Road 80 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
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delineate the existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site plan. All setbacks shall be measured from the edge
of the future right-of-way. This road is maintained by Weld County.
9) The applicant shall show and label the approved access locations,
approved access widths and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
10) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
11) The applicant shall show the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the map, the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The map shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
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4. Prior to Construction:
A. The applicant must obtain an access permit in the approved location(s).
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. Any development in the floodplain requires a Floodplain Permit.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _davt);eA
Weld County Clerk to the Board
BY:
Mike Freeman, Pro -Tern
arbara Kirkmeyef, Chair
uty CI- . tie :oard EXCUSED
APPROVED AS TO FORM.
Zog
csfCounty Attorney
Date of signature:
Sean FJ Conway
ottK. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL AND CONNIE MOSS
USR19-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0020, is
for a Livestock Confinement Operation (7,000 head of cattle) in the A (Agricultural) Zone
District, 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 hours of operation are 24 hours a day, seven (7) days a week.
4. The number of employees may be up to five (5), as stated in the application materials.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1250E, effective date January 20,
2016 (Spring Creek Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements, as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
8. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
10. The access on the site shall be maintained to mitigate any impacts to the public road.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
18. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
19. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
20. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations. The facility
should operate in accordance with their current approved Management Plan for Nuisance
Control.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
22. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site for less than
two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties and public rights -of -way.
24. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall be no discharge of
manure or process wastewater, except as provided in the facility's Colorado Discharge
Permit.
25. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division, for construction activities.
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26. Any manure or process wastewater applications shall be at agronomic rates and in
accordance with the Nutrient Management Plan or Manure and Wastewater Management
Plan. There shall be no discharge from land application areas, except for agricultural
stormwater.
27. The facility shall be operated and maintained in a manner to prevent nuisance conditions,
in accordance with the approved Management Plan for Nuisance Control.
28. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution
threshold, as measured using methods set forth in 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 (15:1) dilution
threshold, or in the judgment of the Weld County Health Officer, there exists an Odor
Condition requiring abatement.
29. 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 Colorado Water Quality Control Commission Regulation
Number 81.
30. All hazardous chemicals must be handled in a safe manner, in accordance with product
labeling. All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations.
31. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
32. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
35. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
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Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
36. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
37. 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.
38. The property owner or operator shall be responsible for complying with all 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.
39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
40. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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