HomeMy WebLinkAbout20090238RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1675 FOR A LIVESTOCK CONFINEMENT OPERATION (EXPANSION OF
AN EXISTING FEEDLOT OPERATION FOR A TOTAL OF 9,000 HEAD OF CATTLE,
NEW PENS, WORKING AREAS, COMMODITY AREA, FEED MILL, FEED STORAGE
AREA, AND ASSOCIATED STORMWATER RETENTION PONDS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - RUSCO LAND AND CATTLE, 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 28th day
of January, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Rusco Land and Cattle, LLC, 37905 County Road 35, Eaton,
Colorado 80615, for a Site Specific Development Plan and Use by Special Review
Permit #1675 for a Livestock Confinement Operation (expansion of an existing feedlot operation
for a total of 9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed
storage area, and associated stormwater retention ponds) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Part of the E112 of Section 26, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, at the request of the applicant, the Board deemed it
advisable to continue the matter to February 25, 2009, at 10:00 a.m., to allow the applicant
adequate time to complete notification to the mineral interests and have the matter reviewed by
the Planning Commission, and
WHEREAS, on February 25, 2009, said applicant was represented by Tom Haren,
AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, at said hearing,
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.
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SPECIAL REVIEW PERMIT #1675 - RUSCO LAND AND CATTLE, LLC
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (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 22-4-190.A states, "Agricultural waste results from the
raising of crops or animals, including animal manures that are
returned to the soils as fertilizer or soil conditioners. Improperly
managed agricultural waste can impact public health. Agricultural
waste must be managed and processed appropriately to protect
human and environmental health."
3) 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."
4) The applicant is proposing to expand the existing feedlot to the
west. Feedlots are agriculturally related uses.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6.16 of the Weld
County Code provides for Livestock Confinement Operations as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.C.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are all zoned agricultural. There is an existing single-family
residence located within 500 feet to the east of the facility, across County
Road 35, and an additional single-family residence (owned by the
applicant) is located immediately to the north of the facility. Other
residences in proximity of the site are located approximately one-half mile
to the east, north, south, and west.
The proposed feedlot expansion is located one-half mile north of an
existing compost processing facility (AMUSR-930), one and one-half (1.5)
miles to the east of an existing 400 -head feedlot (USR-747), and
approximately three (3) miles to the northeast of an existing 10,000 -head
livestock confinement operation (USR-529).
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The applicant will be required to submit a Lighting Plan to address the
impacts from the expansion of the feedlot. The applicant is also required
to adhere to specific Development Standards imposed by the County, as
well as Confined Animal Feeding Operation (CAFO) Regulations. This
will ensure the facility is operating in compliance with numerous
conditions which would not be required for a facility operating as a Use by
Right.
d. Section 23-2-230.8.4 -- 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 proposed facility expansion is located within the
three-mile referral areas of the Towns of Eaton, Ault, and Severance. It is
not located within the Intergovernmental Agreement boundaries of any of
these municipalities.
The Town of Severance indicated no conflicts with its interests, and no
referral response has been received from the Town of Ault.
The Town of Eaton, in the referral response dated November 4, 2008,
indicated the proposed feedlot expansion is immediately to the northwest
of the Comprehensive Plan area for the Town of Eaton, which designates
the area as "suburban residential". The Town indicated the proposed
feedlot expansion will be very near to future residential areas when
growth takes place in this area, and expressed concern that prevailing
winds will create severe odor problems for residents in Eaton.
The Town of Eaton and Weld County have an Intergovernmental
Agreement, with a boundary established immediately across County
Road 35 from the subject site. The Intergovernmental Agreement
addresses development within the three-mile referral area for the Town of
Eaton, but outside of the Urban Growth Area, as follows:
1) Section 19-7-50.B (Coordinated Planning Agreement — Eaton)
states: "To the extent legally possible, the County will disapprove
proposals for Urban Development in areas of the Municipal
Referral Area outside the Urban Growth Area. In reviewing
proposals for Non -Urban Development in such areas, the County
will apply its Comprehensive Plan and zoning and subdivision
ordinances, and, where appropriate, the MUD Plan."
2) Section 19-7-40 (Coordinated Planning Agreement — Eaton)
Defines Non -Urban Development as "Land uses which typically do
not require services such as central water and sewer systems,
road networks, park and recreation services, storm drainage and
the like, and which are generally considered to be rural in nature,
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SPECIAL REVIEW PERMIT #1675 - RUSCO LAND AND CATTLE, LLC
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expressly including land use, or capable of being used, for
agricultural production and including developments which combine
clustered residential uses and agricultural uses in a manner that
the agricultural lands are suitable for farming and ranching
operations for the next forty (40) years."
The proposed feedlot expansion is located approximately 1.25 miles
northwest of the current town limits of the Town of Eaton, and the
surrounding area is presently agricultural in nature. Also, feedlots are
considered a non -urban use and this is defined as a non -urban area. The
facility will be required to comply with the attached Development
Standards, requiring the facility to operate in a manner to control flies,
odors, and nuisance conditions.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The proposed facility site does not
lie within the boundaries of any overlay district. Effective January 1,
2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee
Program. Effective August 1, 2005, building permits issued on the
proposed lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/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 Use by Special Review will be located on
that part of the property considered "Prime", according to the U.S.D.A.
Soil Conservation Map, dated 1979. The use of the land will remain in an
agriculturally -related use.
g.
Section 23-2-230.A.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 Rusco Land and Cattle, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1675 for a Livestock Confinement
Operation (expansion of an existing feedlot operation for a total of 9,000 head of cattle, new
pens, working areas, commodity area, feed mill, feed storage area, and associated stormwater
retention ponds) 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 plat shall be amended to delineate the following:
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1) All sheets of the plat shall be labeled USR-1675.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) Oil and gas drilling windows (if no Surface Use Agreement or
Memorandum of Understanding is reached or locations specified
under the approved Surface Use Agreement).
4) County Road 35 is a major arterial road, which requires a 140 -foot
right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of County
Road 35 shall be designated as future road right-of-way for
County Road 35. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way shall be
noted on the plat. All setbacks shall be measured from the edge
of future County road right-of-way.
5) The internal road(s) shall enter onto County Road 35 at a
90 -degree angle, for a minimum of one vehicle length, to provide
adequate site distance in both directions. This shall be delineated
on the plat.
6) Turning radiuses for the existing accesses onto County Road 35
shall be a minimum of 60 feet.
7) Location of proposed lighting, as outlined in the approved Lighting
Plan.
8) The minimum setback of the lagoon from County Road 35 shall
match the setback of the proposed lagoon indicated on the draft
plat map, dated May 14, 2008, submitted with the application.
9) Manure storage and/or composting areas, in the event that off -site
application or composting becomes unavailable. These areas
shall be located toward the center of the property to buffer from
neighboring properties.
B. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property's mineral
owners/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the
mineral owners. Drill envelopes may be delineated on the plat, in
accordance with the State requirements, as an attempt to mitigate
concerns. The plat shall be amended to include any possible future
drilling sites.
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C. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County
Code, and shall adhere to the lighting standards, in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,
the approved Lighting Plan shall be delineated on the plat.
D. The applicant shall address the concerns and requirements of the Weld
County Department of Public Works, as outlined in the referral dated
October 27, 2008. Written evidence that these concerns have been
addressed shall be submitted to the Department of Planning Services.
E. An access plan for the three (3) accesses to the project site shall be
approved by Weld County Department of Public Works prior to recording
the plat.
F. The applicant shall demonstrate that proposed open lot wastewater
impoundments will meet the setbacks to water wells and groundwater for
new and expanded impoundments required by Colorado Water Quality
Control Commission Regulation Number 81 (5 CCR 1002-81),
Sections 81.8 (6)(a) and (b). Evidence of such shall be provided to the
Departments of Public Health and Environment and Planning Services.
G. The applicant shall demonstrate that the facility has adequate manure
storage, in the event that off -site application or composting becomes
unavailable.
H. The applicant shall submit evidence to the Department of Planning
Services that the Weld County Department of Public Health and
Environment has approved a Management Plan for Nuisance Control for
the facility, which includes the installation and operation of a water
sprinkler system for pen dust control and evidence of an approved water
source for the sprinkler system.
The applicant shall demonstrate that they have sufficient water available
for dust suppression and all other requirements of the operation. Written
evidence of such shall be provided to the Department of Planning
Services.
J. The applicant shall address the requirements of the Office of State
Engineer, Division of Water Resources, as stated in the referral dated
October 29, 2008. Written evidence of such shall be provided to the
Department of Planning Services. The applicant shall provide clarification
on whether or not the existing well (Permit No. 14534) shall be utilized in
association with the feedlot. If the existing well is to be utilized, then
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SPECIAL REVIEW PERMIT #1675 - RUSCO LAND AND CATTLE, LLC
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evidence of an approved Water Augmentation Plan for the existing well
shall be submitted to the Department of Planning Services.
K. The applicant shall attempt to address the concerns of the Town of Eaton,
as stated in the referrals received November 5, 2008, and January 16,
2009. Written evidence of such shall be provided to the Department of
Planning Services.
L. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral dated October 27,
2008.
M. If a sign is proposed, the applicant shall submit a detailed Signage Plan to
the Department of Planning Services, including location and size. Signs
shall be in compliance with Chapter 23, Article VI, Division II, and
Appendices C through E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat 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 plat and additional requirements shall be submitted within
one hundred eighty (180) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. Prior to release of building permits:
A. A building permit application must be completed and two complete sets of
plans, including engineered foundation 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. A plan review shall be approved, and a
permit must be issued, prior to the start of construction.
B. A letter from the Windsor -Severance Fire Protection District shall be
provided to the Department of Building Inspection indicating whether or
not a Fire District permit is required.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred eighty
(180) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge may be added for each additional three (3)
month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of February, A.D., 2009.
ATTEST:
Weld ounty Clerk to the Bo
I
BY:� ,it / I (/ 1?
Deputy Clerk td the Board
APPROVED AS TO FORM:
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wyLcoi
AO-Cour Attiey
Date of signature: 3II9IG I
BOARD OF COUNTY COMMISSIONERS
D7: COLORADO
am F. Garcia, Chair
arba Kirkmeyer
David E. Long
O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSCO LAND AND CATTLE, LLC
USR #1675
1. Site Specific Development Plan and Use by Special Review Permit #1675 is for a
Livestock Confinement Operation (expansion of an existing feedlot operation for a total
of 9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed
storage area, and associated stormwater retention ponds) 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 total number of on -site employees shall be limited to twenty-five (25).
4. County Road 35 is classified as a major arterial road, which requires 140 feet of
right-of-way at full buildout. The Weld County Department of Public Works will allow a
fence to be placed within the 140 feet of future right-of-way, but outside of the currently
reserved 80 feet of right-of-way. The fence shall be removed and relocated, at the
expense of the property owner, when the arterial roadway is built out to 140 feet.
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Numbers 81 and 61.
6. There shall be no discharge of manure or wastewater to surface waters, unless allowed
by Water Quality Control Commission Regulation Number 81, or by a Confined Animal
Feeding Operation (CAFO) Colorado Discharge Permit issued under Regulation 61.
7. Any 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 facility's 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.
8. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and operated in accordance with the current approved Management Plan for Nuisance
Control.
9. The facility shall control fugitive dust on this site and install and operate, as necessary, a
water sprinkler system to control dust from pens. The facility shall be operated and
maintained in a manner to prevent nuisance conditions and in accordance with the
current approved Management Plan for Nuisance Control.
10. 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. Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that rodents, which
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DEVELOPMENT STANDARDS - (USR #1675)
PAGE 2
can be determined to be associated with the facility, are in such a number to be
considered a nuisance condition.
11. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with the current 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. Additional controls shall also be implemented in the
event the Weld County Department of Public Health and Environment receives a
significant number of fly complaints associated with facility, and in the judgment of the
Weld County Health Officer, there exists a fly condition requiring abatement.
12. The facility shall be operated in a manner to control odors. The facility shall be operated
in accordance with 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 using methods set forth in 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 the site 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.
13. 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 Colorado Water Quality Control
Commission Regulation Number 81.
14. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with Weld County I.S.D.S.
Regulations.
15. 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 Regulation 9.
16. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), 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.
17. 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.
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18. 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.
19. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
20. Adequate drinking water, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility.
21. If required, a Stormwater Discharge Permit shall be obtained from the Colorado
Department of Public Health and Environment, Water Quality Control Division, for
construction activities.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. A building permit application must be completed and two complete sets of plans,
including engineered foundation 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. A plan review shall be
approved, and a permit must be issued, prior to the start of construction.
24. Prior to release of building permits, a letter from the Windsor -Severance Fire Protection
District shall be provided to the Department of Building Inspection indicating whether or
not a Fire District permit is required.
25. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
26. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operations Operation Standards of Section 23-4-350 of the Weld County
Code.
30. Weld County personnel 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
Development Standards stated herein and all applicable Weld County regulations.
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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.
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