HomeMy WebLinkAbout20181011.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0061, FOR AGRICULTURAL SERVICE ESTABLISHMENTS
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (20,000 -HEAD CALF FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - QUE AND DEBORA FULLMER
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 7th day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Que and Debora Fullmer, 3200 S. HWY 27, Syracuse, KS 67878, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0061, for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a livestock confinement operation
(20,000 -head calf facility) in the A (Agricultural) Zone District on the following described real
estate, to -wit:
Lots C and D of Recorded Exemption,
RECX14-0014, being part of the W1/2 E1/2, and
Lot D of Recorded Exemption, RECX14-0015, being
part of the E1/2 E112, all in Section 32, Township 4
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that this request be
approved and the matter should be continued to April 18, 2018, at 10:00 a.m., to allow the
applicant adequate time to present to Planning Commission, which was rescheduled to March 20,
2018, due to a lack of Planning Commission quorum on February 20, 2018, and
WHEREAS, on April 18, 2018, due to unforeseen circumstances, the Board continued the
matter to May 9, 2018, at 10:00 a.m., and
WHEREAS, on May 9, 2018, the applicant was present and represented by Tim Naylor,
AGPROfessionals, 3050 67th Ave., Greeley, CO 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:
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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 Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." And Section 22-2-20.G.2 (A.Policy 7.2) states:
"Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when
the subject site is in an area that can support such development,
and should attempt to be compatible with the region. "The site is a
historic turkey production facility. The existing turkey barns will be
updated for raising dairy calves. Outdoor calf huts and pens will be
built on the north central portion of the property.
2) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." This site is not located within three (3) miles of any
municipality.
3) Section 22-2-20.H.3 (A. Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
referral comments from the Department of Public Works state that
CR 53 is a paved road and that CR 40 is a gravel road. The
Department of Public Works did not have any concerns with the use
of these roads for this USR.
4) Section 22-2-20.H.4 (A. Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing storm water
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 Department of
Planning Services Engineer. No concerns were identified with the
drainage narrative.
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5) Section 22-2-20.H.5 (A. Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as, but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The USR was sent to
twelve (12) referral agencies, including the school district, the
Division of Water Resources, and the fire district. The referral
agencies had 28 days to review this USR and most of them
submitted response of 'no concerns' with the rest submitting
comments or conditions that are incorporated as Conditions of
Approval or Development Standards.
B. Section 23-2-230.B.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 allows for a Site Specific Development Plan and Use by Special
Review Permit for Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural service on a
fee or contract basis, including a livestock confinement operation
(20,000 -head calf facility) in the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states: "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. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production
without the interference of other, incompatible land uses. The
A (Agricultural) Zone District is also intended to provide areas for
the conduct of uses by Special Review which have been
determined to be more intense or to have a potentially greater
impact than uses Allowed by Right. The A (Agricultural) Zone
District regulations are established to promote the health, safety
and general welfare of the present and future residents of the
County. "A livestock confinement operation is an agricultural activity
located in the A (Agricultural) Zone District. The proposed USR is
in an area that can support this development and the Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are seven (7) properties
adjacent to the site with residences located on them. Three (3) of these
residential properties are owned by the applicant. There are seven (7)
USRs within one mile of this site. USR12-0052 is for a non -1041 Major
Facility of a Public Utility greater than 10 -inch crude oil pipeline and is
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located along the eastern boundary of the site. USR12-0006 is for a non -
1041 Major Facility of a Public Utility 12 -inch natural gas pipeline and is
located along the northern boundary of the site. USR-854 is for eight (8)
communication towers, and SUP -124 is for a hog farm and both are located
west of the site. SUP -197 is for a hog farm, Amended USR-991 is for an oil
and gas production facility, and SUP -153 is for a dairy (150 cows) and all
are located east of the site. The Conditions of Approval and Development
Standards will mitigate concerns.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area 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, the
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 "Other"
"Irrigated Land (Not Prime)" and "Prime if they become irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This USR will not take any "Prime (Irrigated)" Farmland out of production.
G. Section 23-2-230.B.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Que and Debora Fullmer, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0061, for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement operation (20,000 -head calf
facility) 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:
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A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0061
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2 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 40 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) County Road 53 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
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
9) Show and label the approved access locations, 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) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
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(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.
12) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled and shall include the calculated volume.
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires a tracking control device and
100 feet of asphalt or 300 feet of asphalt for tracking control.
6. 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 map
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia./0
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
ED A
County Attorney
Date of signature: 06-11-1Y
Steve
Barbara Kirkme
u ie A. Cozad
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
QUE AND DEBORA FULLMER
USR17-0061
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0061, is
for Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural service on a fee or contract basis, including a livestock
confinement operation (20,000 -head calf facility) 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 parking area on the site shall be maintained.
5. 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.
6. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. 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.
12. 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, Section 30-20-100.5, C.R.S.
13. 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.
14. 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
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should operate in accordance with their current approved Management Plan for Nuisance
Control.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
17. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
18. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation #81. There shall be no discharge of manure or process wastewater, except in
compliance with said Regulation.
19. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
20. 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.
21. The facility shall be operated and maintained in a manner to prevent nuisance conditions,
in accordance with the approved Management Plan for Nuisance Control.
22. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations. There shall be no open burning except "Agricultural Open Burning" as
defined by Colorado Air Quality Control Regulations.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
24. All potentially 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.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
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27. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
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.
28. 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.
29. 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.
30. 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.
31. 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 persons 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.
32. 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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