HomeMy WebLinkAbout20071179.tiff HEARING CERTIFICATION
DOCKET NO. 2007-32
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1594
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: ANIMAL WASTE
RECYCLING OR PROCESSING FACILITIES(WASTE WATERTREATMENT FACILITY)
IN THE A (AGRICULTURAL) ZONE DISTRICT - SWIFT BEEF COMPANY
A public hearing was conducted on May 9, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Jesse Hein
The following business was transacted:
I hereby certify that pursuant to a notice dated April 20, 2007, and duly published April 25, 2007, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Swift Beef
Company for a Site Specific Development Plan and Use by Special Review Permit#1594 for an
Agricultural Service Establishment primarily engaged in performing agricultural,animal husbandry,
or horticultural services on a fee or contract basis,including:Animal Waste Recycling or Processing
Facilities (Waste Water Treatment Facility) in the A(Agricultural)Zone District. Cyndy Giauque,
Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning
Services, presented a brief summary of the proposal and entered the favorable recommendation
of the Planning Commission into the record as written. He stated the site is comprised of
approximately 162 acres,and is located south of Weld County Road 62.5, and west of Weld County
Road 51. He further stated the site is located within the three-mile referral area for the City of
Greeley,which indicated no conflicts with the request,and the Town of Kersey,which did not return
a referral response. He stated the application addresses the current on-site conditions and serves
as a baseline for future improvements to the facility. Mr.Ogle stated the existing facility is presently
under construction for facility upgrades, and wastewater is received from the Swift Company beef
plant, and is treated and discharged at the facility. He stated the property has been utilized as a
wastewater treatment facility for over 34 years,and the facility is staffed by employees twelve hours
per day;however,the treatment operates 24 hours per day,seven days per week. Mr.Ogle stated
the facility was originally constructed for the sanitation needs of the City of Greeley and it was later
sold to the Swift Beef Company. He stated potable water will be provided from the North Weld
Water District, and no irrigation water is associated with the facility. He further stated the primary
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HEARING CERTIFICATION - SWIFT BEEF COMPANY (USR #1594)
PAGE 2
access to the site is on Weld County Road 62.5, and the expansion of the facility will not interfere
with any wildlife habitat. He stated the Division of Wildlife did not return a referral response;
however,the Department of Public Works indicated the facility is located within a flood hazard area.
He further stated no letters or phone calls have been received from surrounding property owners
regarding the application. In response to Commissioner Rademacher,Mr.Ogle stated the existing
facility will be upgraded; however, it will not increase in size.
Char Davis, Department of Public Health and Environment,stated the wastewater is treated on the
site, therefore, a septic system is not required, and potable water will be provided from the North
Weld County Water District. She stated the applicant will be required to present a discharge permit
from the State.
Jesse Hein, Department of Public Works, stated the site is accessed at the north entrance on Weld
County Road 62.5, and there are a total of three accesses to the facility. He stated there will be no
substantial change to the site, and the infrastructure and drainage modifications are negligible.
John Hulse represented the applicant and stated the facility is currently treating wastewater even
as construction is ongoing. He stated a changeover to the new system will be done in phases in
the fall. He stated the treated water is discharged to Lone Tree Creek through a State permit, and
the State requirements recently changed. He further stated the facility will have to comply with the
new requirements by January 2008,therefore,the facility has to be upgraded. He stated the overall
use will not change,just a new type of system will be installed and utilized. Mr. Hulse stated the two
large ponds, called polishing ponds,will become obsolete with the installation of the new process;
however,they will be retained as an additional storage area. In response to Commissioner Jerke,
Mr. Hulse stated the facility relies on water from North Weld County Water District, and the
traditional ditch rights are not utilized for landscaping. He further stated all the water to be treated
is piped three miles straight from the beef plant, is treated, and then is discharged to the creek. He
stated there is one restroom facility on the site. Further responding to Commissioner Jerke, Mr.
Hulse stated approximately 3.2 million gallons of water a day is received by the facility, and the
facility is approximately the same size as the facility for the City of Greeley. He further stated the
facility is maintained by three full-time employees and one of the employees lives on-site.
Responding to Commissioner Garcia, Mr. Hulse stated the facility must comply with the
requirements for reduced nitrate levels in the treated water, and the current process is not able to
effectively remove the nitrates to meet the new regulations. He further stated the two ponds on the
site treat the waterthrough an aeration process, utilizing aerobic bacteria to remove impurities. The
future system will utilize concrete basins with fine air diffusers to bubble air up to the water to
promote a better oxygen transfer. He clarified the only modification to the facility is the elimination
of the two large ponds, and the modified facility will not create additional traffic or pest concerns.
No public testimony was offered concerning this matter.
In response to Chair Long, Mr. Hulse stated he has reviewed and concurs with the Conditions of
Approval and Development Standards as proposed.
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PL1890
HEARING CERTIFICATION - SWIFT BEEF COMPANY (USR #1594)
PAGE 3
Commissioner Masden moved to approve the request of Swift Beef Company for a Site Specific
Development Plan and Use by Special Review Permit #1594 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Animal Waste Recycling or Processing Facilities
(Waste Water Treatment Facility) in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Garcia,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:50 a.m.
This Certification was approved on the 14th day of May 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
io ����. WEL OUNTpY, COLORADO
' '1 f CAS,, C_ATTEST: :
David E. Long, Chair
Weld County Clerk to t is f t
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William H e , ro-Tem
BY:
Deputy erk to the Bo�`
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Robert D. Masden
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2007-1179
PL1890
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1594 - SWIFT BEEF COMPANY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
(corrected version received 05/09/07)
C. Planning Commission Summary of Hearing (Minutes 03/06/2007)
D. Clerk to the Board Notice of Hearing (Filed with Legals)
E. Planning Staff Memo re: Correction of Legal Notice, dated
05/23/2007 (filed with Legals)
F. Planning Staff Corrected Minutes of PC Hearing 05/01/07
(Filed with Comments)
G. Planning Staff Corrected Notice and newspaper affidavit
(Filed with Legals)
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