HomeMy WebLinkAbout20160330.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0064, 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 (10,000-HEAD CALF RANCH) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LESTER A. STROH REVOCABLE LIVING
TRUST, C/O ISLAND 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 27th day of
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lester A. Stroh Revocable Living Trust, 1919 68th Avenue #218, Greeley, CO
80634, c/o Island Farms, LLC, 5630 W. Sweet Drive, Visalia, CA 93291, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0064, for an Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement operation (10,000-head calf
ranch) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
W1/2 NW1/4 of Section 35, Township 5 North,
Range 64 West of the P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, #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.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.
Section 22-2-20 (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." And Section 22-2-20.B (A.Goal 2) states: "Continue the
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SPECIAL REVIEW PERMIT (USR15-0064) - LESTER A. STROH REVOCABLE LIVING TRUST,
C/O ISLAND FARMS, LLC
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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." This USR will allow the site to continue with
agricultural uses. The site has historically been used as a Use by Right
dairy and is being changed to a 10,000-head calf ranch. Outdoor calf pens
will be built on the north half of the property and the south half will continue
to be farmed.
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 which 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
services on a fee or contract basis, including a livestock confinement
operation (10,000-head calf ranch) 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 site is 1.5 miles southeast of
e and outside the Town of Kersey's Intergovernmental
the Town of Kersey Y 9
Agreement boundary. The adjacent land uses are pastures, crops, and
rural residences. The closest residence is located west of the site and
across CR 57 there is also a residence located on the parcel south of and
adjacent to the site. There are three (3) USRs located within one mile of
this parcel. USR13-0064 for a 16-inch natural gas line is located on the
southern part of the subject property, USR-1749 for a 195-foot
subject
telecommunication tower is located to the west of the site, and USR-879
for a heliport is located south of the site. The Weld County Department of
Planning Services has not received any correspondence from surrounding
property owners on this USR. The Development Standards and the other
Conditions of Approval for this proposal will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
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 area of the Town of
Kersey. The Town of Kersey in their referral comments dated November 3,
2015, stated: "Kersey Planning Commission reviewed this application and
voted to forward to Weld County with a recommendation for approval
subject to the following: Require traffic leaving and entering the site to
travel south on CR 57 to limit impacts to Town of Kersey Streets and roads.
Ask the applicant to keep the Town of Kersey informed as to who is
managing the property to maintain an open dialogue between the Town
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SPECIAL REVIEW PERMIT (USR15-0064) - LESTER A. STROH REVOCABLE LIVING TRUST,
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and the site manager." The applicant had a meeting with the Town of
Kersey and has agreed to the requests as listed in the Town of Kersey's
referral comments.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 Program.
F. Section 23-2-230.6.6 --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 67 acres Prime
(Irrigated) and approximately 11 acres Irrigated Land (Not Prime) per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This USR is for agricultural uses so no Prime (Irrigated) Farmland will be
taken out of production.
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 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 Lester A. Stroh Revocable Living Trust, c/o Island Farms,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0064, 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 (10,000-head calf ranch) 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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0064.
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 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) The map shall delineate the existing landscaping and/or screening.
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6) The map shall delineate the lighting.
7) 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.
8) County Road 57 is a gravel road and is designated on the Weld
County Road Classification Plan 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.
9) Show and label the approved access(es) (AP#15-00507), and the
appropriate turning radii on the site plan.
10) Show and label all easements and right-of-way with the recorded
document reception number and date on the site plan.
11) Show and label the approved tracking control on the site plan.
B. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location. Road Maintenance including dust control in
front of the existing residential homes from CR 52 to CR 50, along CR 57.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) paper copies 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 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
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Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 2016.
BOARD NTY COMMISSIONERS
WELD COUNTY, COLORADO
ieKtfuelia,
ATTEST:Met
/ Xido;t,�
'' �W/ Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
De y Clerk to the :oard
�• Juli- . Cozad
APP ED A •*OR
�F=Z''•ara Kirkmeyer
1861
`, .
County Attorney l ;'P''' I` '
IP) � /Steve Moreno
Date of signature: �.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LESTER A. STROH REVOCABLE LIVING TRUST
USR15-0064
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0064, 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 (10,000 head calf ranch) 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, 7 days a week, as stated by the applicant.
4. The number of on-site employees shall be 20, as stated by the applicant.
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 existing landscaping/screening on the site shall be maintained.
8. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
11. The historical flow patterns and runoff amounts will be maintained on the site.
12. Weld County is not responsible for the maintenance of onsite drainage related features.
13. The facility shall maintain compliance with the Confined Animal Feeding Operation
(CAFO) Control Regulations (5 CCR 1002-81), Colorado Discharge Permit System
Regulations (5 CCR 1002-61) and Section 23-4-710 of the Weld County Code.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
15. The facility shall not discharge runoff or other wastes waters to surface or groundwater
with exception to what is allowed by the CAFO Control Regulations.
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16. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
17. 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 Regulation 81.
18. The facility shall be operated in accordance with the odor control measures described in
the approved Management Plan for Nuisance Control. Odors detected off the site shall
not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the Weld County Department of Public Health and
Environment in the event odor levels detected off-site meets or exceed the level of
fifteen-to-one dilution threshold or in the judgment of the Weld County Health Officer,there
exists an odor condition requiring abatement.
19. The facility shall be operated in a manner to control flies. The facility shall be operated, at
all times, in accordance with the measures described in the approved Management Plan
for Nuisance Control. Additional fly control measures shall be implemented at the request
of the Weld County Department of Public Health and Environment in the event that flies,
which can be determined to be associated with the facility, are in such a number to be
considered a nuisance condition.
20. Fugitive dust shall be controlled on this site. At all times, the facility shall be operated in
accordance with the control measures described in the approved Management Plan for
Nuisance Control.
21. 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. The facility shall
contract with (a) commercial waste hauler(s) to dispose of non-agricultural wastes and
dead animals.
22. 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.
23. The facility shall comply with the composting section (Section 14) of the Regulation
Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable.
24. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner, in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All
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TRUST, C/O ISLAND FARMS, LLC
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chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations.
25. Sewage disposal for the facility shall be by septic system. The septic system shall be
reviewed by a Colorado registered professional engineer if the usage surpasses septic
permit SP-9700399 sizing limitations. The review shall consist of observation of the
system and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event
the system is found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations.
26. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply.
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. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2012 International Codes; 2006
International Energy Code; 2014 National Electrical Code; A building permit application
must be completed and two 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 registered State of Colorado engineer shall be required
or an open hole inspection.
30. Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
31. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
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34. 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.
35. 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.
36. 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.
37. 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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