HomeMy WebLinkAbout20011288.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Planner: Lauren Light
Case Number: USR-1322
Applicant: Sparboe Horizon Corporation
Address: P.O. Box 429, 6339 Weld County Road 47, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a
Livestock Confinement Operation (Pullett Replacement Farm for 260,100 pullets) in
the A (Agricultural)Zone District
Legal Description: SW4 of Section 29, Township 2 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Location: East of and adjacent to Weld County Road 39; approximately 1/2 mile west of Weld
County Road 41; north of and adjacent to Weld County Road 16
be recommended favorably to the Board of County Commissioners 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. 2.A.Policy.1 states,"Agricultural zoning
will be established and maintained to protect and promote the County's agricultural industry.
Agricultural zoning is intended to preserve prime agricultural land and to provide areas for
agricultural activities and uses dependent upon agriculture without the interference of
incompatible residential, commercial and industrial land uses." The U.S.D.A. Soils Maps
indicate that there is a small section of prime farmground located on the parcel. However,
as the site is not irrigated, no prime farmground will be taken out of production. The
surrounding properties are mostly agricultural in nature so this facility is compatible with the
adjoining land uses.
b. Section 23-2-220.A.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 be used to raise pullets,which are female chickens
less than 20 weeks of age. The applicants are proposing to raise 260,100 pullets. The
pullets are then transferred to the laying house which is located on a different farm.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Uses within the area consist of the Platte Valley Airpark, crop
production and a Confined Animal Feeding Operation. The proposed pullet farm is
compatible with the area.
1 4. EIBIT
2001-1288
use#1322
RESOLUTION, USR-1322
Sparboe Horizon, Corporation
Page 2
d. Section 23-2-220.A.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 of the towns of Hudson and Fort Lupton. Hudson had
no conflicts with the proposal and Fort Lupton did not respond to the referral.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The pullet buildings
already exist on site except for a 40 foot addition that will be added at a later time. There
is a limited amount of Prime farmground on this parcel so the additional pullets and building
addition will not affect designated Prime farmground.
g. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the 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 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code.
2) A total of 30 feet from the centerline of Weld County Road 16 shall be
delineated right-of-way on the plat.
3) The access lane shall be a minimum of 20 feet in width.
B. Provide written evidence to the Department of Planning Services and the Department of
Public Health and Environment from the State Water Engineer regarding availability of
water for this operation. (Department of Planning Services)
RESOLUTION, USR-1322
Sparboe Horizon, Corporation
Page 3
C. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health & Environment was unable to locate a
septic permit for the septic system currently serving the existing structure that will be
converted into a biosecurity/garage/restroom, located south of the poultry houses. Any
existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health & Environment will require an 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. (Department of
Public Health and Environment)
D. Apply for an Underground Injection Control (UIC)Class V Injection Well permit through the
Environmental Protection Agency (EPA), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA Class
V requirements. Written evidence of approval from the Environmental Protection Agency
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
E. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) 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: (Department of Public
Health and Environment)
(1) If applicable, demonstration that all manure stockpile areas and 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) If applicable, 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 Regulations. The demonstration shall be conducted by a Registered
Professional engineer.
(3) A site map demonstrating the layout of the site. This should include the locations
of all barns,structures,feed storage areas,any watercourses through the property,
manure storage areas, 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
regulations.
RESOLUTION, USR-1322
Sparboe Horizon, Corporation
Page 4
(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 Regulations.
(7) Other necessary measures which are required in order to comply with the CAFO
Regulations.
(8) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations.
F. In accordance with CAFO,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 approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
3. Prior to operation:
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.
4. A building permit will be required for the addition to the existing building.
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SPARBOE HORIZON CORPORATION
USR-1322
1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement
Operation (Pullett Replacement Farm) in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.(Department
of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Adequate restroom facilities shall be provided for employees. (Department of Planning Services)
4. No on-site disposal of bird carcasses of any type shall be permitted at anytime. Carcasses shall be
handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing
of debris,or fugitive dust on or around the facility.The facility shall contract with a commercial waste
hauler to dispose non-agricultural wastes and dead chickens. (Department of Planning Services)
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. (Department of Public Health and Environment)
6. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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. (Department of Public Health
and Environment)
8. The facility shall maintain compliance with Confined Animal Feeding Operations
Control Regulations (5 CCR 1002-19) and, Section 23-4-710 of the Weld County Code, as
amended. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and
Environment)
10. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment. (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 Confined Animal Feeding Operations Control Regulations.
(Department of Public Health and Environment)
12. Wastes materials, 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. (Department of Public Health and Environment)
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 Confined Animal Feeding Operations Control Regulation (5 CCR
1002-19). (Department of Public Health and Environment)
14. The facility shall be operated in accordance with the odor control measures described in the
Management Plan for Nuisance Control,dated February 19,2001. 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.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance,at all times,with the control measures described in the Management Plan for Nuisance
Control, dated February 19, 2001. 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 (associated with facility)
complaints, and in the judgement of the Weld County Health Officer, there exists a fly condition
requiring abatement. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and Environment)
18. There shall be no burning conducted at the site, with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
19. With exception to emergency conditions, no manure shall be stored,on the property,outside of the
poultry houses. The facility shall maintain evidence that it has the ability to prevent the stockpiling
of manures on the property. The evidence may consist of any contract(s)or agreement(s)with any
property owner, composting firm, or other entity, that will dispose,treat, process, etc. any manures
generated on this facility. (Department of Public Health and Environment)
20. The facility shall provide an accurate analysis of the nutrient content of any manure produced on
the property and a copy of CSU Best Management Practices to any individual,corportation,etc.that
removes the manure from the (Department of Public Health and Environment)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
23. Personnel from the Weld County Departments of Public Health and Environment 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.
24. The 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.
Motion seconded by Cathy Clamp
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Bryant Gimlin
Fred Walker Jack Epple
Arlan Marrs
Michael Miller
John Folsom
Cathy Clamp
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Vicki Hamilton, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 17, 2001.
Dated the 17`h of April, 2Op1.
lCI ✓ L %v
Vicki Hamilton
Secretary
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