HomeMy WebLinkAbout20011287.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1322 FOR A LIVESTOCK CONFINEMENT OPERATION (PULLET
REPLACEMENT FARM FOR 260,100 PULLETS) 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 Use by Special Review
Permit#1322 for a Livestock Confinement Operation (pullet replacement farm for 260,100
pullets) in the A (Agricultural) Zone District on the following described real estate, to-wit:
SW1/4 of Section 29, 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.B 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. 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 in accordance with
Section 22-2-60.A.2 of the Weld County Code. The surrounding
properties are mostly agricultural in nature so this facility is compatible
with the adjoining land uses.
2001-1287
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SPECIAL REVIEW PERMIT#1322 - SPARBOE HORIZON CORPORATION
PAGE 2
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 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 23-2-230.B.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.
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 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 23-2-230.6.5 -- 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 pullet buildings already exist on the 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 23-2-230.6.7 -- 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.
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SPECIAL REVIEW PERMIT#1322 - SPARBOE HORIZON CORPORATION
PAGE 3
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 Use by Special Review Permit#1322 for a Livestock Confinement
Operation (pullet replacement farm for 260,100 pullets) 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 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 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 Departments of Planning Services and
Public Health and Environment from the State Water Engineer regarding
availability of water for this operation.
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 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 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.
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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.
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) 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 runoff generated from a twenty-five year, twenty-four hour
storm event. This shall be conducted by a Colorado 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 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, 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 Control Regulations.
5) The method that wastewater, produced from washing the interior
of the barns, will be collected, treated, and/or disposed. This
should include a description of all containment features and any
specific practices that will be incorporated to prevent a discharge
from the facility.
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SPECIAL REVIEW PERMIT#1322 - SPARBOE HORIZON CORPORATION
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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.
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 approval from the Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
G. The applicant shall submit a written request for the vacation of
REC#0004.
3. Prior to operation:
A. 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 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.
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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 COUNTY COMMISSIONERS
Iagessi WELD Cr( NTY, COLORADO
per\.., Elk ♦ '
ATTEST: Lill �;IP / ` � % r -vita/
■ 1861 (!.�a;�� ri . Geile, Chair
Weld County Clerk to the` .- ' -it.)
pit, XCUSED DATE OF SIGNING (AYE)
BY: £:t4, 0 ,
,\ , Glenn Vaad, Pro-Tern
Deputy Clerk to th Bze)oard '►a II,j_-•,Y
Willi . Jerke
RO AS TO. RM: ��
Z Davi E. Long
aunty Attor ey
Robert D. Mas en
2001-1287
PL1518
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SPARBOE HORIZON CORPORATION
USR#1322
1. The Site Specific Development Plan and Use by Special Review Permit is for a Livestock
Confinement Operation (pullet replacement farm for 260,100 pullets)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.
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 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.
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 at this site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
8. The facility shall maintain compliance with 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 runoff or other waste waters to surface or groundwater with
exception to what is allowed by the CAFO Control Regulations.
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.
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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DEVELOPMENT STANDARDS - SPARBOE HORIZON CORPORATION (USR#1322)
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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 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 the 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.
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 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.
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. 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.
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,
corporation, etc., that removes the manure from the site.
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.
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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 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.
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.
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