HomeMy WebLinkAbout20011303.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT#655 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (EGG
PRODUCTION FACILITY HOUSING A MAXIMUM OF 1,620,000 LAYERS) IN THE
A(AGRICULTURAL) ZONE DISTRICT - SPARBOE HORIZON CORPORATION
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 6th day of
June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Sparboe Horizon Corporation, 6339 Weld County Road 47, P.O. Box 429,
Hudson, Colorado 80642, for a Site Specific Development Plan and Third Amended Use by
Special Review Permit#655 for an Agricultural Service Establishment and Livestock
Confinement Operation (egg production facility housing a maximum of 1,620,000 layers) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
E1/2 of Section 35, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 4311 Highway 66, Suite 4, 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 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposal is consistent with Chapter 22 and
any other applicable code provisions and ordinances in effect. A.Goal 1
states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture." The U.S.D.A. Soil
Conservation Map indicates that the property is "prime, if irrigated" and
"other land." The egg-laying facility has been an approved use on the
property since 1984 with a Site Specific Development Plan and Special
Review Permit. A.Policy 1 states, "Agricultural zoning will be established
and maintained to protect and promote the County's agricultural industry."
� 2001-1303
r1C," AZ #L (SA) j9/O 46,g/ //f /49 PL0413
THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#655 - SPARBOE HORIZON
CORPORATION
PAGE 2
b. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the A
(Agricultural) Zone District, and Section 23-3-40.B.16, which states that
Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or
contract basis, including livestock confinement operations, are permitted
as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Site Specific
Development Plan and Use by Special Review Permit#655 was
approved by the Board of County Commissioners on December 19, 1984,
for 750,000 laying chickens, with amendments to the permit on
December 30, 1987, and September 20, 1989, for 1,750,000 laying
chickens and other site changes. The Board determined that the use
was compatible with existing, surrounding land uses at the time those
permits were reviewed. Surrounding land uses include agricultural lands
and uses to the north, east, and west and 1-76 and the Town of Hudson
to the south. The closest offsite residential property is approximately
one mile to the east. 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.B.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 or master plans of affected
municipalities. The proposed expansion is within the three-mile referral
area of the Town of Hudson. Weld County does not currently have an
Intergovernmental Agreement with the Town of Hudson and the Town's
Planning Commission returned the referral response indicating no
conflicts with its interests.
e. Section 23-2-230.B.5 -- This proposal 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
stated previously and the use of a facility has occurred on the property as
a Use by Special Review since 1984.
g. Section 23-2-230.B.7 —The attached Conditions of Approval and
Development Standards ensure the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#655 - SPARBOE HORIZON
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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 Sparboe Horizon Corporation for a Site Specific
Development Plan and Third Amended Use by Special Review Permit#655 for an Agricultural
Service Establishment and Livestock Confinement Operation (egg production facility housing a
maximum of 1,620,000 layers) in the A (Agricultural) Zone District on the hereinabove
described parcel of land 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 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 the plat:
A. Provide a map to the Weld County Departments of Public Health and
Environment and Planning Services delineating the location of all septic
systems on the property.
1) All septic systems located on the property shall have appropriate
permits from the Weld County Department of Public Health and
Environment and comply with the Weld County Code pertaining to
septic systems. 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. Evidence of compliance with
the Department of Public Health and Environment regarding
septic permits, shall be submitted to the Department of Planning
Services.
B. Apply for an Underground Injection Control (UIC) Class V Injection Well
permit through the Environmental Protection Agency (EPA), for the septic
systems that serve the truck wash facility and maintenance shop and any
other septic system that serves a floor drain where wastes from the
maintenance of vehicles could be disposed. Or, provide evidence that
the applicant is not subject to the EPA Class V requirements. Evidence
of compliance with the Department of Public Health and Environment,
regarding septic permits, shall be submitted to the Department of
Planning Services.
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#655 - SPARBOE HORIZON
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C. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations (CAFO) Control Regulations and the additional
requirements outlined below and evidence of such shall be submitted to
the Department of Planning Services. 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. 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 runoff generated from a twenty-five
year, twenty-four hour storm event. This shall be conducted by a
Colorado 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 Colorado 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 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. This shall
include 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) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control Regulations.
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#655 - SPARBOE HORIZON
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D. In accordance with the CAFO Control Regulations, the applicant shall
submit the facility's Manure and Waste Water Management Pan to the
Colorado Department of Public Health and Environment for review and
comment. Evidence of approval shall be submitted to the Department of
Planning Services.
E. The applicant shall attempt to address the concerns of the Platte Valley
Soil Conservation District, as stated in the referral response received
March 30, 2001. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
F. The applicant shall enter into an agreement with any oil and gas mineral
owners or lessees, to address any concerns or submit evidence that
reasonable efforts have been made to address those concerns.
Documentation of such shall be submitted to the Department of Planning
Services.
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 6th day of June, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: g J �J EtV\� I
J. eile, Chair
Weld County Clerk to the ,rion
.,u 4 ��a-� CUSED DATE OF SIGNING (AYE)
,, % rlenn Vaad, Pro-Tem
BY: '_i?i CO- �r sr I „I
Deputy Clerk to the Boa' (!
114to►sol Willi H.�e�
AP OVE AST M: 1�yJ 4 fc
avid E. L ng
•
unty Attorr1 y 1
Robert D. Masden
2001-1303
PL0413
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SPARBOE HORIZON CORPORATION
3RD AMUSR#655
1. A Site Specific Development Plan and Third Amended Use by Special Review Permit#655
is for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (egg production facility housing a maximum of 1,620,000 layers)
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 Article VIII
Section 23-8-10 of the Weld County Code.
3. 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.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. There shall be no permanent disposal of solid wastes at this site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
6. The facility shall maintain compliance with the CAFO Control Regulations(5 CCR 1002-19),
and Section 23-4-710 of the Weld County Code.
7. 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.
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
9. The facility shall not discharge runoff or other waste waters to surface or groundwater with
exception to what is allowed by the CAFO Control Regulations.
10. Waste 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.
11. 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).
2001-1303
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DEVELOPMENT STANDARDS - SPARBOE HORIZON CORPORATION (USR#655)
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12. 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 the
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 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.
13. 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.
14. The facility shall be operated in a manner to control flies. The facility shall be operated, at
all times, in accordance 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 complaints associated with the facility,and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County I.S.D.S. Regulations.
16. 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.
17. 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 manure 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 manure generated on this facility.
18. The facility shall provide an accurate analysis of the nutrient content of any manure
produced on the property and a copy of the CSU Best Management Practices to any
individual, corporation, etc., that removes the manure from the site.
19. The facility shall contract with a commercial waste hauler to dispose non-agricultural wastes
and dead chickens.
20. The new road and parking areas in the expansion shall be graded and drained to provide
an all-weather access to the expansion.
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DEVELOPMENT STANDARDS - SPARBOE HORIZON CORPORATION (USR#655)
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21. The hours of operation are up to 24 hours per day, 365 days per year. Equipment
operations, trucks, farming activities, and maintenance activities other than emergencies
will occur primarily during daylight hours.
22. All construction on the property shall be in accordance with the requirements of Chapter 19
of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. 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.
26. 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.
27. 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.
2001-1303
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