HomeMy WebLinkAbout20170273.tiffRESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT,
4MJUSR16-03-1405, TO MUSR15-0019 (A MINOR AMENDMENT TO SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 2ND AMUSR-1405)
TO INCLUDE ADDITIONAL PARKING, ADDITIONAL EXPANSION OF THE EXISTING
MILK PROCESSING PLANT ALONG WITH THREE (3) ADDITIONAL FUTURE
PROCESSING BUILDINGS, EXPANSION OF EXISTING PLANT SUPPORT
BUILDINGS ALONG WITH FUTURE PLANT SUPPORT BUILDINGS, AND MORE
THAN THE NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER
LEGAL LOT OR PARCEL IN THE A (AGRICULTURAL) ZONE DISTRICT -
PLATTEVILLE DAIRY, LLC, AND AURORA DAIRY CORPORATION AND
RADEMACHER FARMS, 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 1st day of
February, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Platteville Dairy, LLC, and Aurora Dairy Corporation and Rademacher
Farms, LLC, 1919 14th Street, Suite 300, Boulder, CO 80302-5321, for a Site Specific
Development Plan and Major Amendment, 4MJUSR16-03-1405, to MUSR15-0019 (a Minor
Amendment to Site Specific Development Plan and Use By Special Review Permit 2nd
AMUSR-1405) to include additional parking, additional expansion of the existing milk processing
plant along with three (3) additional future processing buildings, expansion of existing plant
support buildings along with future plant support buildings, and more than the number of cargo
containers allowed as a Use by Right per legal lot or parcel in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Part of the NW1/4 NE1/4 and Lot D of
RECX17-0023, both located in Part of the E1/2 of
Section 30, Township 3 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Anne Best
Johnson, Tetratech, 1900 South Sunset Street, Suite 1-E, Longmont, CO 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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SPECIAL REVIEW PERMIT (MJUSR16-03-1405) - PLATTEVILLE DAIRY, LLC, AND AURORA
DAIRY CORPORATION AND RADEMACHER FARMS, LLC
PAGE 2
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.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.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." The existing milk plant is an agricultural use and the
proposed expansion will create additional agriculturally related jobs.
2) Section 22-2-220.A.5 (A.Policy 1.5) states: "Support and entice
agriculturally related businesses and processing facilities." This is
an expansion to an existing dairy processing facility. The proposed
use 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.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6 of the Weld County
Code allows: "Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee
or contract basis," in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The existing facility is located
adjacent to a dairy facility (MUSR15-0013 — dairy facility for up to 3,000
cows) operated by Aurora Dairy. Existing cropland is located to the west
and directly to the north of the proposed dairy expansion. Additionally, the
Grandview Estates Subdivision located within the boundaries of the Town
of Mead is located to the northwest of the proposed plant expansion. The
St. Vrain River is located to the south of the site. The site slopes drastically
from north to south and the existing processing plant and proposed new
processing plants are located well below the elevation of State Highway 66.
No letters or correspondence have been received from surrounding
property owners in regards to this case.
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SPECIAL REVIEW PERMIT (MJUSR16-03-1405) - PLATTEVILLE DAIRY, LLC, AND AURORA
DAIRY CORPORATION AND RADEMACHER FARMS, LLC
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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. The site is located within the three (3) mile referral areas of
the Town of Firestone and the Town of Mead. No referral response has
been received from the Town of Firestone or the Town of Mead in regards
to this case.
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 in a floodplain and
any development in the floodplain is subject to Weld County Floodplain
regulations. Building Permits issued on the lots 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 approximately 268.05 acres
delineated as "Prime (Irrigated)" and "Irrigated Land (Not Prime)" and
"Other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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 Platteville Dairy, LLC, and Aurora Dairy Corporation and
Rademacher Farms, LLC, for a Site Specific Development Plan and Major Amendment,
4MJUSR16-03-1405, to MUSR15-0019 (a Minor Amendment to Site Specific Development Plan
and Use By Special Review Permit 2nd AMUSR-1405) to include additional parking, additional
expansion of the existing milk processing plant along with three (3) additional future processing
buildings, expansion of existing plant support buildings along with future plant support buildings,
and more than the number of cargo containers allowed as a Use by Right per legal lot or parcel
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The RECX17-0023 plat shall be submitted for recording.
B. The map shall be amended to delineate the following:
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SPECIAL REVIEW PERMIT (MJUSR16-03-1405) - PLATTEVILLE DAIRY, LLC, AND AURORA
DAIRY CORPORATION AND RADEMACHER FARMS, LLC
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1) All sheets of the map shall be labeled 4MJUSR16-03-1405.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All 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.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows.
8) A separate USR map sheet(s) shall clearly identify the existing plant
and site improvements and existing USR boundary.
9) A separate USR map sheet(s) shall clearly identify proposed
parking, landscaping, circulation and buildings, along with the USR
boundary proposed through this USR. These improvements shall
not overlay existing improvements on the map.
10) The phrase "Master Plan" shall be removed from all USR map
sheets.
11) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
12) The Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways. Show the approved
CDOT accesses on the map and label with access permit numbers
if applicable.
13) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
14) Show and label the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
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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
plat 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 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 prior to the start of construction.
B. A Flood Hazard Development Permit application (FHDP) is required to be
submitted and approved prior to construction within the floodplain on this
site.
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 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.
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SPECIAL REVIEW PERMIT (MJUSR16-03-1405) - PLATTEVILLE DAIRY, LLC, AND AURORA
DAIRY CORPORATION AND RADEMACHER FARMS, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiL);�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
ounty Attorney
Date of signature: Q2((CD(1 7
RECUSED
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
Barbara Kirkmeyer
C
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PLATTEVILLE DAIRY, LLC, AND AURORA DAIRY CORPORATION
AND RADEMACHER FARMS, LLC
4MJUSR16-03-1405
1. The Site Specific Development Plan and Major Amendment, 4MJUSR16-03-1405, to
MUSR15-0019 (a Minor Amendment to Site Specific Development Plan and Use By
Special Review Permit 2nd AMUSR-1405) will include additional parking, additional
expansion of the existing milk processing plant along with three (3) additional future
processing buildings, expansion of existing plant support buildings along with future plant
support buildings, and more than the number of cargo containers allowed as a Use by
Right per legal lot or parcel 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, 365 days a year.
4. The number of on -site employees shall be 425.
5. The number of cargo containers shall be limited to six (6).
6. The parking area on the site shall be maintained.
7. 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.
8. The landscaping/screening on the site shall be maintained.
9. 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.
10. 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.
11. 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.
12. 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.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. A permanent, adequate sewer service shall be provided for sanitary purposes.
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15. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
16. 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.
17. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
23. 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 -1885E, effective date January 20,
2016 (St. Vrain 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.
24. 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.
25. 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
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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. Often times, 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.
31. 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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