HomeMy WebLinkAbout20011304.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: Julie A. Chester
CASE NUMBER: 3r° AmUSR-655
APPLICANT: Sparboe Horizon Corporation,
ADDRESS: 35 E. 4th Street, P.O. Box 961, Litchfield, MN 55355
REQUEST: A Site Specific Development Plan and a Special Review Permit 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(an amendment to an egg production facility housing a maximum of 1,620,000
layers) in the Agricultural Zone District
LEGAL DESCRIPTION: E2 of Section 35, T2N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to 1-76 Frontage Road, West of and adjacent to WCR 47
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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code, as follows:
a. Section 23-2-220A.1 -- That 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."
b. Section 23-2-220A.2 -- The proposal is consistent with the intent of the (A) Agricultural
Zone District. The property is zoned Agricultural and Section 23-3-40.B.16 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 Agricultural Zone
District.
c. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the
existing surrounding land uses. USR-655 was approved by the Board of County
Commissioners on December 19, 1984 for a Site Specific Development Plan and Special
Review Permit 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.
EXHIBIT
2001-1304
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RESOLUTION, 3R°AMUSR-655
Sparboe Horizon, Corp.
Page 2
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.
Conditions of Approval and Development Standards will ensure that any incompatibilities
will be mitigated. The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
d. Section 23-2-220.A.4 --The uses which would 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 the comprehensive plan 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 their referral response that
they found no conflicts with their interests.
e. Section 23-2-220.A.5 -- This proposal does not lie within any Overlay Districts.
f. Section 23-2-220.A.6 — If the use is proposed to be located in the Agricultural Zone
District,the applicant shall demonstrate 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 23-2-220.A.7--There is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the County. 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.
h. Section 23-4-710 -- The applicant shall comply with the additional requirements of the
Livestock Feeding Performance Standards.
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 Department of Planning Services'staff 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 plat. 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. (Department
of Planning Services)
2. Prior to recording the plat:
A. Provide a map to the Weld County Department of Public Health and Environment and
Department of Planning Services delineating the location of all septic systems on the
property. (Weld County Department of Public Health and Environment)
RESOLUTION, 3RD AMUSR-655
Sparboe Horizon, Corp.
Page 3
1) All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & 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&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.
Evidence of compliance with the Department of Public Health and Environment,
regarding septic permits, shall be submitted to the Department of Planning
Services. (Weld County Department of Public Health and Environment)
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. (Weld County Department of Public Health and
Environment)
C. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO)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 run-off
generated from a twenty-five year, twenty-four hour storm event. This shall be
conducted by a Registered Professional Engineer. (Weld County Department of
Public Health and Environment)
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
Regulations. The demonstration shall be conducted by a Registered Professional
engineer. (Weld County Department of Public Health and Environment)
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. (Weld County Department of Public Health and Environment)
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. (Weld County Department of Public Health and Environment)
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. (Weld County Department of Public Health and Environment)
RESOLUTION, 3RD AMUSR-655
Sparboe Horizon, Corp.
Page 4
6. Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Weld County
Department of Public Health and Environment)
7. Other necessary measures which are required in order to comply with the CAFO
Regulations. (Weld County Department of Public Health and Environment)
8. A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations. (Weld County Department of Public Health and
Environment)
D. 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. Evidence of approval shall be submitted to the Department of Planning
Services. (Weld County Department of Public Health and Environment)
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. (Department of Planning Services)
4. 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, do AgPro
3rd AmUSR-655
1. A Site Specific Development Plan and a Special Review Permit 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 (an amendment
to an egg production facility housing a maximum of 1,620,000 layers) in the Agricultural Zone
District,as indicated in the application materials on file in the Department of Planning Services 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 Article VIII Section 23-8-10 of
the Weld County Code. (Department of Planning Services)
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. (Weld County Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Weld County Department of Public Health and
Environment)
5. 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. (Weld County Department
of Public Health and Environment)
6. 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. (Weld County
Department of Public Health and Environment)
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,as amended. (Weld County Department of Public
Health and Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health & Environment. (Weld County Department
of Public Health and Environment)
9. 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.
(Weld County Department of Public Health and Environment)
10. 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. (Weld County Department of Public Health and Environment)
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 Confined Animal Feeding Operations Control Regulation (5 CCR
1002-19). (Weld County Department of Public Health and Environment)
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 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.
(Weld County Department of Public Health and Environment)
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. (Weld County Department of Public Health and Environment)
14. 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. (Weld County Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Weld County Department of Public Health and
Environment)
16. 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. (Weld County Department of Public Health and Environment)
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 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. (Weld County Department of Public Health and Environment)
18. 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. (Weld County Department of Public Health and Environment)
19. The facility shall contract with a commercial waste hauler to dispose non-agricultural wastes and
dead chickens. (Weld County Department of Public Health and Environment)
20. The new road and parking areas in the expansion shall be graded and drained to provide an all-
weather access to the expansion. (Department of Public Works)
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. (Department of Planning Services)
22. All construction on the property shall be in accordance with the requirements of Chapter 19 of the
Weld County Code. (Weld County Building Inspections)
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. (Department of Planning Services)
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. (Department of Planning Services)
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 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.
Motion seconded by Stephen Mokray
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/001.
Vicki Hamilton
Secretary
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