HomeMy WebLinkAbout20020055.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1363 FOR A LIVESTOCK CONFINEMENT OPERATION (COMMERCIAL
EGG FARM, COMPOST SALES, WOOD GRINDING OPERATION, AND THREE
EMPLOYEE RESIDENCES) IN THE A(AGRICULTURAL) ZONE DISTRICT -
MORNING FRESH FARMS, INC.
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 23rd day
of January, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Morning Fresh Farms, Inc., 15121 Weld County Road 32, Platteville,
Colorado 80651, for a Site Specific Development Plan and Use by Special Review Permit
#1363 for a Livestock Confinement Operation (commercial egg farm, compost sales, wood
grinding operation, and three employee residences) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of Section 15, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Fred Otis, Attorney, 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 recommendations 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 23-2-230.8 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 ordinances in effect. A.Goal
1 states, "Preserve prime farmland for agricultural purposes which foster
the economic health anti continuance of agriculture." The farm is located
in an area designated by the U.S.D.A. Prime Farmlands Map as "Other,"
so prime fairground will not be taken out of production. The surrounding
properties are mostly agricultural in nature, so this facility is compatible
with the adjoining land uses. A.Policy 1 states, "Agricultural zoning will
be established and maintained to protect and promote the County's
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SPECIAL REVIEW PERMIT #1363 - MORNING FRESH FARMS, INC.
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agricultural industry." Morning Fresh Farms has been an approved use
on this property since approximately 1970. A Site Specific Development
Plan and Special Use Permit has been approved for a commercial egg
facility since 1985.
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 of the Weld County
Code provides for Livestock Confinement Operations as a Use by Special
Review in the A (Agricultural) Zone District. Poultry is defined as
livestock in the Weld County Code and an operation which exceeds the
number of birds allowed in the bulk requirements for the zoning district is
defined as a Livestock Confinement Operation. The farm will consist of
3,200,000 layers and 800,000 replacement hens. The additional uses
requested with this permit are directly associated with the operation of the
poultry operation. The wood grinding operation supplies wood which is
utilized in the composting operation. The compost operation utilizes
poultry waste for the production of lawn and garden fertilizer. The
resulting products from the composting are sold to garden centers, and
discount and grocery stores.
c. Section 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. Uses within the area
consist of crop production in all directions. Morning Fresh Farms owns
the majority of adjoining land which significantly reduces the impact to
surrounding properties. Amended Special Use Permit#44 was approved
by the Board of County Commissioners in 1985 for a commercial table-
egg production complex. An additional amendment was approved in
1992 for a livestock confinement operation and composting facility. The
Board determined that those uses were compatible with existing,
surrounding land uses at the time those permits were reviewed. The
Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated and provide for the health, safety and
welfare of the citizens of Weld County.
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 does not lie within the Urban Growth
Boundary of any municipality but does lie within the referral area for the
Town of Platteville. The Town's Planning Commission returned the
referral response indicating no conflicts with its interests.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
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 property is not indicated as having prime soils, as
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stated previously, and the use of a commercial egg facility has occurred
on the property since 1970.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-710 -- The applicant shall comply with the additional
requirements of the Livestock Feeding Performance Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Morning Fresh Farms, Inc. for a Site Specific
Development Plan and Use by Special Review Permit#1363 for a Livestock Confinement
Operation (commercial egg farm, compost sales, wood grinding operation, and three employee
residences) in the A (Agricultural) Zone District on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 180 days of approval by the Board of County
Commissioners.
2. Prior to recording:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which
refers to requirements for the Use by Special Review Permit plan
map.
2) Indicate proposed landscaping, as well as maintenance and
replacement of dead or diseased plants.
3) A total of 40 feet from the centerline of Weld County Road 32
shall be delineated as right-of-way on the plat.
4) A total of 30 feet from the center lines of Weld County Roads 31
and 34 shall be delineated as right-of-way on the plat.
B. The applicant shall attempt to address the requirements or concerns of
the Platte Valley Soil Conservation District, as stated in the referral
response received November 15, 2002. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
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C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for
the residence located at 15103 Weld County Road 32. Any existing
septic system(s)which is not currently permitted through the Weld
County Department of Public Health and Environment will require an
Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is
found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. Regulations. Written evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
D. Based upon information from the Environmental Protection Agency
(EPA), vehicle washing facilities that dispose of waste water through a
septic system are considered to be Class V injection wells and are
prohibited. The facility shall provide evidence to the Weld County
Department of Public Health and Environment that the septic system
currently serving the vehicle washing facility has been appropriately
permitted by the EPA, or an alternate disposal system is constructed.
Written evidence of approval from Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
E. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations (CAFO) Control Regulations and the additional
requirements outlined below. This shall be demonstrated by submitting a
Comprehensive Manure and Waste Water Management Plan for the
proposed operation to the Weld County Department of Public Health and
Environment for review and approval. Written evidence of approval from
the Department of Public Health and Environment shall be submitted to
the Department of Planning Services. This plan shall include, but not be
limited to, the following:
1) Demonstration that all waste water collection, conveyance, and
retention facilities are adequately sized and constructed to handle
and retain the storm water run-off generated from a twenty-five
year, twenty-four hour storm event. This shall be conducted by a
Registered Professional Engineer.
2) Demonstration that any existing or proposed waste water
retention structure has been, or will be, constructed in accordance
with the criteria described in the CAFO Control Regulations. The
demonstration shall be conducted by a Registered Professional
engineer.
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3) A site map demonstrating the layout of the site. This should
include the locations of all barns, structures, feed storage areas,
any water courses through the property, lagoons, etc.
4) Demonstration that the facility has the ability to manage, dispose,
and/or land apply manure and waste water at agronomic rates in
accordance with the CAFO Control Regulations.
5) The method that wastewater, produced from washing the interior
of the barns, will be collected, treated, and/or disposed. Including
a description of all containment features and any specific
practices that will be incorporated to prevent a discharge from the
facility.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Control Regulations.
7) A surface contour map which demonstrates all surface water
control features on the site. This should include surveyed surface
elevations, indicate flow direction, run-on control features, etc.
8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control Regulations.
9) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
F. In accordance with the CAFO Control Regulations, the applicant shall
submit the facility's Manure and Waste Water Management Plan to the
Colorado Department of Public Health and Environment for review and
comment. Written evidence of review from the Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
G. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Written evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
H. A Fly Control Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Written
evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
An Odor Control Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval. Written
evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
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J. Provide evidence to the Weld County Department of Public Health and
Environment that the existing Emissions Permit has been appropriately
modified for the expanded facility. Written evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
K. The applicant shall submit a letter requesting vacation of Special Use
Permit#44 and Amended Special Use Permit#44.
3. 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 plat
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 23rd day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: get �'i/!j Rte% EXCUSED
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Weld County Clerk to the ��. . �tRv '
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BY: _dttt • �::
Deputy Clerk to the Bo% ` /77 ji,&
so M. J. Geile
APPRO ED AS Ti? F RM: EXCUSED DATE OF SIGNING (AYE)
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Date of signature: `/33
2002-0055
PL1579
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MORNING FRESH FARMS, INC.
USR#1363
1. The Site Specific Development Plan and Use by Special Review Permit #1363 is for a
Livestock Confinement Operation (commercial egg farm, compost sales, wood grinding
operation,and three employee residences)in the A(Agricultural)Zone District,as indicated
in the application materials on file and 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. Adequate restroom facilities shall be provided for employees and customers.
4. Hours of operation for compost sales and wood grinding shall be from sunrise to sunset,
Monday through Saturday. Hours of operation may be extended with specific permission
from the Weld County Board of County Commissioners.
5. 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 Management Plan for Nuisance
Control, dated February 19, 2001.
6. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. 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.
8. The facility shall maintain compliance with the CAFO Control Regulations(5 CCR 1002-19)
and, Section 23-4-710 of the Weld County Code.
9. 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.
10. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
11. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the CAFO Control Regulations.
12. Wood shavings, sawdust and waste material, not specifically addressed by other
Development Standards, shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
13. The applicant shall remove and handle manure and waste water from the poultry houses
in a manner that will prevent nuisance conditions. In no event shall the facility impact or
degrade waters of the State in violation of the CAFO Control Regulations(5 CCR 1002-19).
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14. The facility shall be operated in accordance with the approved Odor Abatement Plan.
Odors detected off 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 of
the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgement
of the Weld County Health Officer, there exists an odor condition requiring abatement.
15. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm.
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the approved Fly Control Plan. 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. The plan 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 judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
17. Any septic system located on the property must comply with all provisions of the Weld
County I.S.D.S. Regulations.
18. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
19. The facility shall attempt to assure that any individual, corporation, etc. that removes
manure from the property has the ability to manage the manure to prevent nuisance
conditions,and has the ability to comply with any Local, State,or Federal rules. The facility
shall provide an accurate analysis of the nutrient content of any manure produced on the
property to any individual, corporation, etc. that removes the manure from the site.
20. The facility shall contract with a commercial waste hauler to dispose non-agricultural
wastes.
21. The facility shall only compost manure that is generated on the facility. This is not meant
to include the addition of bulking materials such as wood chips, straw, etc. that are
necessary for the composting process.
22. The operation shall be operated in compliance with the Conditions of Approval for the
Substitute Water Supply Plan as set forth in the July 27, 1992, letter from the Office of the
State Engineer, Division of Water Resources,and shall be operated in compliance with the
subsequent plans and permits approved by the State Engineer's Office.
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23. All future water lines supplying fire department outlets shall be a minimum of four inches
in size.
24. No parking or staging of vehicles or equipment shall be allowed on the Weld County Roads
adjacent to the facility either during construction or operation of the facility. Utilize on-site
parking areas.
25. Access to the feed mill/grain elevator shall be restricted to internal access.
26. The access lane and off-street parking spaces shall be surfaced with gravel, asphalt,
concrete, or equivalent and shall be graded to prevent drainage problems.
27. A Building Permit shall be obtained prior to any construction of any building. A Building
Permit may be required for any change in the use of any building.
28. A Plan Review will be required for all buildings. Plans shall bare the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for the permit.
29. Buildings shall conform to the requirements of the 1997 Uniform Building Code(UBC), 1998
International Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 1999
National Electric Code (NEC), and Chapter 29 of the Weld County Code.
30. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Departments of Public Health and Environment, Public
Works,and Planning Services 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.
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.
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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.
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