HomeMy WebLinkAbout20141967.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE
BY SPECIAL REVIEW PERMIT, USR14-0016, (FORMERLY AMUSR-587) FOR AN
AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (5,000-HEAD DAIRY) AND A USE SIMILAR TO THE
USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW (THREE
SINGLE-FAMILY RESIDENCES ON ONE PARCEL) AS LONG AS THE USE
COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE
DISTRICT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY
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
July, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Long Meadow Farm, LLC, 34600 CR 31, Greeley, CO 80631, and Lester and
Sherrill Hardesty, 1049 Pine Knoll Drive, Estes Park, CO 80517, for a Site Specific
Development Plan and Second Amended Use by Special Review Permit, USR14-0016,
(formerly AmUSR-587) for an Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including a livestock confinement operation (5,000-head dairy) and a use similar to the uses
listed in Section 23-3-40 as Uses by Special Review (three single-family residences on one
parcel) as long as the use complies with the general intent of the A (Agricultural) Zone District
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-2298; being part
of the NW1/4 of Section 10, Township 6 North,
Range 66 West; Lot C of Recorded Exemption,
RE-3211; being part of Section 3, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor, with
AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, 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:
CC- ern,PL, Dw, ti. App L.
8"5" /4 201.4-1967
PL0489
SPECIAL REVIEW PERMIT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 2
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20 (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."
2) Section 22-2-20 (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." The applicant is proposing to increase
the number of head of cattle of the existing dairy permitted under
amended AmUSR-587 from 1,850 to 5,000. The existing (3)
residences will continue to be used as employee housing. The
applicant is proposing to expand the dairy onto the lot to the north
of County Road (CR) 72. The addition of this northern parcel will
increase the size of the dairy by 151 acres. The southeastern
section of this parcel will be used for dairy related compost and
manure management. There will be 35 full-time employees and
the hours of operation will be seven (7) days a week, twenty-four
(24) hours per day. No additional landscaping is proposed. The
Department of Planning Services is requesting a Lighting Plan be
submitted to address the impacts from this facility on neighboring
properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District Sections 23-3-40.B.16 and 23-3-40.M,
which allow for a Site Specific Development Plan and Amended Use by
Special Review Permit (AmUSR-587) for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a
livestock confinement operation (5,000 head dairy) and a use similar to
the Uses listed in Section 23-3-40 as Uses by Special Review (three
single family residences on one parcel) as long as the Use complies with
the general intent of the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
2014-1967
PL0489
SPECIAL REVIEW PERMIT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 3
CR 31 borders the site on the west and CR 72 bisects the Use by Special
Review (USR) site. The adjacent properties to the north, south, and west
are rural residences, cropland and pastures. The closest residences are
west of and adjacent to CR 31 but the residence closest to the dairy
operations is located on the northwest corner of CR 72 and CR 31. There
are about ten (10) USRs located within one mile of these parcels:
USR-675 is for a landscape and nursery and USR-709 is for processing
and selling of forestry items are located northwest of the site. USR-1036
and USR-681 are both for single-family dwellings and are located
southwest of the site. USR-1540 is for a rodeo arena is located south of
the site. USR-288 and USR-480 are each for 3,000 head of cattle, and
USR-529 is for 10,000 head of cattle and located southeast of the site.
USR-10 is for a residence and is also located southwest of the site.
USR-1434 is for a water tank and is located east of the site. The Weld
County Department of Planning Services has received one phone call
from the surrounding property owner located on the northwest corner of
CR Roads 31 and 72, who expressed opposition to this expansion. As a
Condition of Approval, the Department of Planning Services is requesting
a Lighting Plan be submitted to address the impacts from this facility on
neighboring properties. This Lighting Plan, in conjunction with 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
Town of Eaton and the City of Greeley. The City of Greeley's referral,
dated April 24, 2014 indicates no concern and the Town of Eaton did not
submit referral agency comments.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area. Building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee
Program. Building permits issued on the property will be required to
adhere to the fee structure of 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 approximately 285
acres "Prime" (Irrigated) per the 1979 Soil Conservation Service
2014-1967
PL0489
SPECIAL REVIEW PERMIT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 4
Important Farmlands of Weld County Map. The site has been historically
utilized agricultural uses and per this Use by Special Review Permit will
continue to be used for agricultural uses.
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 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 Long Meadow Farm, LLC, and Lester and
Sherrill Hardesty, for a Site Specific Development Plan and Second Amended Use by Special
Review Permit, USR14-0016, (formerly AmUSR-587) for an Agricultural Service Establishment
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee
or contract basis, including a livestock confinement operation (5,000-head dairy) and a use
similar to the uses listed in Section 23-3-40 as Uses by Special Review (three single-family
residences on one parcel) as long as the use complies with the general intent of 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 applicant shall attempt to address the requirements of the North
Weld County Water District, as stated in the referral response dated
May 21, 2014.
B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0016.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The approved Lighting Plan.
5) CR 72 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full
2014-1967
PL0489
SPECIAL REVIEW PERMIT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 5
buildout. There is presently 60 feet of right-of-way. All setbacks
shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way, and this information shall be noted on
the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
6) CR 31 is designated on the Weld County Road Classification Plan
as a local paved road, which requires 60 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. All setbacks
shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County.
7) The Applicant shall show the approved access on the plat and
label it with the approved access permit number(AP).
8) The Applicant shall ensure that the setback distance for all
structures, pens and ponds meet the required setback from the
right-of-way line.
9) The detention ponds associated with the facility shall not be
located near, or next to, the existing residence at 14991 County
Road 72, Greeley, Colorado 80631.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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 plat 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,
2014-1967
PL0489
SPECIAL REVIEW PERMIT - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 6
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsaco.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.
6. The Second Amended 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(�
ATTEST:(�1 (1 / ` �,� C4,CX2V,r� O&C
�jj .ICLto'�.C Douglaademacher, Chair
Weld County Clerk to the Board
i
n rbara Kirkmeyer Pro-Tem
De Clerk to the Boar 9 361 j'^�A
:ate
E'- •
an P. Conway
MD' ORM: °d + 2Fr ?
k��
ounty Attorney
cl
Date of signature: 7-17
2014-1967
PL0489
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL HARDESTY
USR14-0016
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit, (USR14-0016), formerly (AmUSR-587), is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a livestock confinement
operation (5,000 - head dairy) and a use similar to the uses listed in Section 23-3-40
as uses by Special Review (three single family residences on one parcel) as long as
the Use complies with the general intent of 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 number of on-site employees shall be commensurate with the number of
persons which the septic system may accommodate in accordance with the
requirements of the Weld County Code, pertaining to Individual Sewage Disposal
Systems (I.S.D.S.) Regulations.
4. The three single-family dwelling-units on the parcel located south of CR 72 shall be
used as employee housing.
5. The hours of operation are 24 hours per day, seven (7) days a week, as stated by
the applicant(s).
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. 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 Section 15-1-180 of the Weld County Code.
8. The facility shall operate in compliance with Colorado Department of Public Health
and Environment (CDPHE) Water Quality Control Commission Regulation 81
(5 CCR 1002-81) and 61 (5 CCR 1002-61).
9. The facility shall register as a Confined Animal Feeding Operation (CAFO) with the
CDPHE upon reaching the registration threshold.
10. Prior to wastewater entering new or expanded impoundments, the facility shall
demonstrate compliance with the setback to water wells, separation from seasonal
high groundwater, and that the impoundment's liner(s) meet the seepage rate
standards required by Colorado Water Quality Control Commission Regulation
Number 81.
2014-1967
PL0489
DEVELOPMENT STANDARDS - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 2
11. There shall be no discharge of manure or wastewater to surface waters, unless
allowed by Regulation 81 or by Confined Animal Feeding Operation (CAFO)
Colorado Discharge Permit issued in accordance with Regulation 61.
12. Land applications of manure and wastewater shall be made at agronomic rates using
practices and procedures, which are protective of ground and surface waters. Land
applications shall be in accordance with the facilities Manure and Wastewater
Management Plan, Facility Management Plan, or Nutrient Management Plan. There
shall be no discharge from land application areas except for agricultural stormwater.
13. The facility shall be operated in a manner to control pests. The facility shall be
operated in accordance, at all times, with the current approved Management Plan for
Nuisance Control.
14. The facility shall be operated in a manner to control odors and in accordance with the
approved Nuisance Control Plan. Odors detected off-site shall not equal or exceed
the level of fifteen-to-one (15:1) dilution threshold, as measured using methods set
forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented at the request of the WCDPHE in the event odor
levels detected off-site of the facility meet 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.
15. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be in
compliance with all provisions of the Weld County Code, pertaining to I.S.D.S.
16. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning except "agricultural open
burning", as defined by Colorado Air Quality Control Commission's Regulation 9.
17. Composting operations shall comply with Section 14 of the Regulations Pertaining to
Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1).
18. Waste materials, not specifically addressed by other development standards, shall
be handled, stored, and disposed of in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in
accordance with the approved Waste Handling Plan and Management Plan for
Nuisance Control, at all times. 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, CRS.
19. The facility shall provide adequate drinking water, hand washing, and toilet facilities.
20. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2014-1967
PL0489
DEVELOPMENT STANDARDS - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY (USR14-0016)
PAGE 3
21. 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 2011 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.
22. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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 plat and recognized at all times.
2014-1967
PL0489
Hello