HomeMy WebLinkAbout20082448.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1661 FOR A LIVESTOCK CONFINEMENT OPERATION (FEEDLOT FOR
15,000 HEAD OF BUFFALO OR 24,000 HEAD OF CATTLE)IN THE A(AGRICULTURAL)
ZONE DISTRICT - HASBROUCK HOLDINGS, 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 17th day of
September, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Hasbrouck Holdings, LLC, 39646 County Road 39,Ault, Colorado 80610,
for a Site Specific Development Plan and Use by Special Review Permit #1661 for a Livestock
Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption#620; being part of the
SE1/4 of Section 22, Township 8 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Cody Hollingsworth, AGPROfessionals,
LLC, 4350 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.
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.
Section 22-2-60(A.Policy 1.3)states,"Allow commercial and industrial uses,
which are directly related to,or dependent upon,agriculture,to locate within
the A(Agricultural)Zone District when the impact to surrounding properties
is minimal, and where adequate services are currently available and
reasonably obtainable. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land
from production." Section 22-4-190.A states, "Agricultural waste results
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SPECIAL REVIEW PERMIT#1661 - HASBROUCK HOLDINGS, LLC
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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."
1) This use is proposed on vacant farm ground. Feedlots are
agricultural related uses. The Department of Planning Services is
requiring the wastewater pond and sediment basins be screened by
berms and be located a minimum of 50 feet from the edge of the
road right-of-way to provide buffering from the nearest residences
(at the corner of County Roads 45 and 90). There is also a
requirement that the applicant demonstrate how adjacent residences
to the southeast will be protected from discharges from the waste
water pond, or relocate the pond to prevent discharges onto these
properties. Additionally, there is a requirement that any manure
storage be located toward the center of the site to mitigate odor and
dust impacts on neighboring properties.
b. Section 23-2-230.6.2--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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are all
zoned A (Agricultural). A Confined Animal Feeding Operation (CAFO),
permitted under SUP-174 for 10,000 head of cattle, lies 2.5 miles west of
the proposed feedlot. A dairy facility (SUP-178) is located approximately
two miles to the northwest, and another dairy facility, permitted under
USR-1395 for 10,000 head of dairy cattle, is located approximately three
miles to the northwest of the subject site. Eight(8)single-family residences
are located in the vicinity of the proposed feedlot. A single-family residence
is located immediately to the southwest, two single-family residences are
located immediately to the southeast, two single family residences are
located one-eighth of a mile to the west, two single-family residences are
located one-half mile to the west, and one single family residence is located
one-half mile to the north of the site. The Department of Planning Services
is requiring the wastewater pond and sediment basins be screened by
berms and be located a minimum of 50 feet from the edge of road
right-of-way to provide buffering from the nearest residences(at the corner
of County Roads 45 and 90)and that any on-site manure storage be located
toward the center of the site to mitigate odor and dust impacts on
neighboring properties. The applicant is additionally required to submit a
Landscape and Screening Plan demonstrating how the impacts to
neighboring residences will be mitigated. The applicant will be required to
adhere to specific Development Standards imposed by the County, as well
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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 23-2-230.6.4--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 not located within a three-mile referral area or
Urban Growth Boundary of any municipality.
e. Section 23-2-230.6.5--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 23-2-230.6.6 --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. Department of
Agriculture Soil Conservation Map, dated 1979. The use of the land will
remain in an agricultural related use.
g. Section 23-2-230.B.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 Hasbrouck Holdings,LLC,fora Site Specific Development
Plan and Use by Special Review Permit#1661 for a Livestock Confinement Operation (feedlot for
15,000 head of buffalo or 24,000 head of cattle) 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:
1) All sheets of the plat shall be labeled USR-1661.
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2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The plat shall show the entire parcel and clearly delineate the area
covered by this permit.
4) Oil and gas drilling envelopes (if no Surface Use Agreement or
Memorandum of Understanding is reached on locations specified
under the approved Surface Use Agreement).
5) All feed alleys shall be surfaced with gravel and shall be graded to
prevent drainage problems. The applicant shall indicate that there
is adequate parking and circulation throughout the feedlot and office
buildings.
6) County Road 90 is a collector road that requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of County
Road 90 shall be designated as future road right-of-way for County
Road 90. 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.
7) The internal road(s)shall enter onto County Road 90 at a 90-degree
angle, for a minimum of one vehicle length, to provide adequate site
distance in both directions. This shall be indicated on the plat.
8) A Stop sign shall be placed at the intersection of County Road 90
and the access into the USR facility to stop southbound traffic
entering onto County Road 90. This shall be indicated on the plat.
9) The off-site drainage shall be addressed as to quantity and the
manner(swale sizing and erosion stability) it will be routed through,
or around, the site, and address any impacts to adjacent properties
and roadways.
10) All engineering calculations and drawings submitted to the
Department of Public Works shall be stamped and signed by a
registered engineer able to practice within the State of Colorado.
11) The approved Landscape and Screening Plan.
12) Location of proposed lighting, as outlined in the approved Lighting
Plan.
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13) The proposed wastewater pond is located directly across the
intersection from County Roads 90 and 45 from two existing
residences. This is a proposed new feedlot. The wastewater pond
and sedimentation ponds shall be set back a minimum of 50 feet
from the edge of future road right-of-way for County Road 90, and
50 feet from the eastern property line. The setback shall be from the
toe of the slope of the wastewater pond. The wastewater pond
should be bermed on the south and east to screen neighboring
residences.
14) The edge of the feedlot operation shall be set back a minimum of 50
feet from the edge of future road right-of-way for County Road 90.
15) Manure storage and/or composting areas shall be indicated on the
plat to provide adequate storage for the facility at full buildout.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 adequately
been 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 can 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.
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
July 23, 2008, and in the two e-mails dated August 20, 2008, at 11:56 a.m.,
and 3:25 p.m. Written evidence that these concerns have been addressed
shall be submitted to the Department of Planning Services.
E. Just east of the subject property crossing at County Road 90 there is a
waterway flowing southeast, and then to the south of County Road 88 this
same waterway becomes a FEMA regulated floodplain. There are two
residences located immediately to the southeast of the proposed
wastewater pond in the vicinity of the waterway which could be immediately
impacted by a discharge. The applicant shall:
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1) Provide evidence that the waterway and adjacent residences are
protected from a discharge;
OR
2) Relocate the wastewater pond towards the center of the site to
prevent discharges into the waterway to the east/southeast of the
site.
F. The applicant shall demonstrate that the proposed impoundment meets
setbacks to water wells and groundwater for new and expanded
impoundments found in the groundwater protection requirements of
Colorado Water Quality Control Commission Regulation Number 81
(5 CCR 1002-81). Evidence of such shall be provided to the Departments
of Public Health and Environment and Planning Services.
G. Demonstrate that the facility has adequate manure storage, in the event that
off-site composting becomes unavailable or not economically feasible. The
application materials state that manure produced will be composted or
hauled off and provided to local farmers. No composting area or manure
storage areas are designated on the site plan map.
H. The applicant shall submit a Landscape Plan/Screening Plan to the
Department of Planning Services for review and approval. The applicant
shall place "plant material" or other acceptable screening material to
mitigate the impacts of the facility from adjacent properties to the southeast
and west of the site. Further, the applicant shall adhere to all landscape
requirements of Sections 23-3-350.G.1 and G.2 of the Weld County Code.
Upon approval, the Landscape Plan shall be placed on the plat.
The applicant shall submit a Private and a Public Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for landscaping and parking improvements. The
applicant shall submit to the Department of Planning Services an itemized
landscaping bid for review. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or, the
applicant may submit evidence that all the work has been completed and
approved by the Departments of Planning Services and Public Works.
J. The applicant shall submit a finalized Water Service Agreement between the
applicant and the North Weld County Water District for service to the site.
K. 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.
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L. The applicant shall address the Division of Water Resources letter dated
July 2, 2008, regarding the change of use of well water from irrigation to
other uses.
M. A westbound 12-foot wide by 400-foot long minimum acceleration lane shall
be constructed by the applicant. The construction drawings shall be
submitted for review and acceptance by the Department of Public Works,
and stamped and signed by a Colorado registered engineer. Construction
will occur in accordance with the Public Improvements Agreement According
to Policy Regarding Collateral for Improvements, prior to population of the
feedlot.
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. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
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 17th day of September, A.D., 2008.
dotoshar� BOARD OF COUNTY COMMISSIONERS
a ]E��,'LD COOUUNNTY, COLORADO
ATTEST: fr°�� �;o I' , 4i- - (AYE)
1 361 Oa�1 �m H. Jerke, Chair
Weld County Clerk to the Boa ` P.
! �
`n W 1 \ . ., ' �i� (AYE)
l J /217 `•9��. bert D. 2o-Tem,
BY: D-p• ty Clerkito the Board �i�k (AYE)
m Garcia
i
N2P DE AS NAY
David E. Long
y Attorney AYE
ougla Rademac r
Date of signature: I c�i f'i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HASBROUCK HOLDINGS, LLC
USR#1661
1. A Site Specific Development Plan and Use by Special Review Permit #1661 is for a
Livestock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of
cattle) 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 facility will operate during daylight hours. Equipment operations, trucks, farming
activities and maintenance activities, other than emergencies, will occur during daylight
hours.
4. The total number of on-site employees shall be limited to ten (10), as stated in the
application materials.
5. The open lot wastewater impoundment described in the submitted application materials
shall be constructed to contain the design storm event and the liner shall meet seepage
rate requirements prior to the acceptance of wastewater.
6. The facility shall design, construct, operate, and maintain the open lot wastewater
impoundments using the standards for new impoundments set forth in the groundwater
protection requirements of Colorado Water Quality Control Commission Regulation
Number 81, part 81.8 (5 CCR 1002-81).
7. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Numbers 81 and 61.
8. There shall be no discharge of manure or wastewater to surface waters, unless allowed by
Water Quality Control Commission Regulation Number 81,or by CAFO Colorado Discharge
Permit issued under Regulation 61.
9. 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.
10. 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.
11. The facility shall control fugitive dust on this site and operate in accordance with the current
approved Management Plan for Nuisance Control.
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12. 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 can
be determined to be associated with the facility, are in such a number to be considered a
nuisance condition.
13. 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 the facility, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
14. The facility shall be operated in accordance with the approved Nuisance Control Plan.
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.
15. 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.
16. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with the Weld County I.S.D.S.
Regulations.
17. 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 Commissions Regulation 9.
18. 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.
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19. 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.
20. 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.
21. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
22. Adequate drinking water, hand washing,and toilet facilities shall be provided for employees
and patrons of the facility.
23. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. Should this facility be converted from 15,000 head of buffalo to 24,000 head of cattle,
evidence of adequate water shall be provided to the Department of Planning Services prior
to the conversion.
26. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-4-350 of the Weld County Code for Livestock Confinement
Operations.
32. Weld County Government 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.
33. 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
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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.
34. 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.
35. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies, including, but not limited to, the Colorado Oil and Gas
Conservation Commission Rules and Regulations, and the Weld County Code.
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