HomeMy WebLinkAbout20181379.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0076, 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 (5,000 -HEAD ROBOTIC DAIRY) AND ONE
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT FOR FARM
EMPLOYEE RESIDENCE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DE JAGER
2007 LIVING TRUST, CIO ICON HOLSTEINS, LLC
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 9th day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of De Jager 2007 Living Trust, c/o Icon Holsteins, LLC, 23655 CR 55, Kersey, CO
80644, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0076,
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 (5,000 -head robotic dairy) and one (1) Single -Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit for farm employee
residence) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
NE1/4 of Section 4, Township 4 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, 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:
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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.B (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." And Section 22-2-20.B.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 small dairy operation. The
proposed expansion of the dairy operation will not change the
character of the site. The existing facilities will be updated and will
operate under best management practices for dairy farming. The
site is large enough to handle the expansion which will be located
to the north of the existing facilities.
2) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage
multi generational, caretaker, guest and accessory quarters." The
proposed second residence on the property will allow for accessory
quarters for employees of the dairy. This residence will help the
dairy operate efficiently by allowing employees to live and work on
site.
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
County Road (CR) 50 is a paved road and that CR 55 is a gravel
road. The Department of Public Works did not have any concerns
with the use of these roads for this USR and provided information
regarding tracking control policy and access permit requirements.
4) 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 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.
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
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opportunity to comment on the proposal." The USR was sent to
sixteen (16) referral agencies. The referral agencies had 28 days to
review this USR and most of them submitted responses of `no
concerns' with the remainder 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 and
Section 23-3-40.M of the Weld County Code allow 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 (5,000 -head calf facility) and
one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single family dwelling for farm employee
residence) 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 dairy for 5,000 cows
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 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 dairy.
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
farmland and rural residences. There are ten (10) properties adjacent to
the site; six (6) with residences located on them. The applicant does not
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own any other contiguous land. There are seven (7) USRs within one mile
of this site. USR12-0054 for mineral resource development facility is
located southeast of the site. USR-879 for a heliport is located east of the
site. USR13-0064 for a Non -1041 16 -inch natural gas pipeline is located
north of the site. USR12-0078 for a construction business is located
northwest of the site. USR-1701 for a dog kennel and second home is
located northwest of the site. USR-1447 for an oil and gas support and
service facility is located southwest of the site. USR-1224 for a roping arena
is located southwest of the site. The Nuisance Management Plan,
Preliminary Waste Management Plan, the Improvements Agreement and
the Development Standards mitigate concerns.
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 radius
and the Coordinated Planning Agreement boundary of the Town of Kersey.
The applicant mailed the Notice of Inquiry form and letter on November 16,
2017, to Kersey. No response was received. Additionally, Kersey was
notified during the USR referral process and no response was received.
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 "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
dairy and will still allow over half of the quarter section to be used for
productive farmland as the dairy operation will only be located on the
eastern portion of the parcel. Additionally, the design of the robotic dairy
will limit the amount of land taken out of the Prime (Irrigated) designation.
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. Central
Weld County Water District has the ability to provide additional water to the
site via a proposed 4 -inch tap allotment (30 shares of CBT water) through
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a 2 -inch tap and on -site water storage tank, per the letter dated July 28,
2017. New septic systems will be constructed for the proposed expansion.
There is an existing septic, SP -0000652, for the milk parlor and sized for
16 employees.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of De Jager 2007 Living Trust, c/o Icon Holsteins, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0076, 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 (5,000 -head robotic dairy) and one (1) Single -Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit for farm employee
residence) 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 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 USR17-0076.
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 55 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 right-of-way. This road is maintained by
Weld County.
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8) County Road 50 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') 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
(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 as "Wastewater Retention, No -Build or
Storage Area" 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) paper 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. 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.
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: dafthA) G.•dfofti
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APP '%v=DA
ounty Attorney
Date of signature: D7 -0g4
Steve Moreno, Chair
bara Kirkmeyer Pro-Tem
d
Sean P. Conway
ulie A. Cozad
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DE JAGER 2007 LIVING TRUST, CIO ICON HOLSTEINS, LLC
USR17-0076
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0076, is
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 (5,000 -head robotic dairy) and one (1) Single -Family Dwelling Unit
per lot other than those permitted under Section 23-3-20.A (second single-family dwelling
unit for farm employee residence) 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 shall be fifteen (15).
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. 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. 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.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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.
14. 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.
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15. 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.
16. 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.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. 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.
19. 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.
20. 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.
21. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division, for construction activities.
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
Commercial 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 applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issues permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
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26. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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.
29. 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 2017 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.
30. 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.
31. 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.
32. 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.
33. 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
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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.
34. 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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