HomeMy WebLinkAbout20000544 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Houa (Rick)Thao Case Number USR-1254
Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 7 pages) X
3 Letter to Applicant X
4 Department of Planning Services field check form X
5 Letter from Zoning Compliance noting Property Violation X
6 Legal Notifications (2 pages) X
7 Application (4 pages) X
8 Referral list X
9 West Greeley Soil Conservation District referral received 1-10-00 X
10 USDA-Veterinary Service, referral received 1-04-00 X
11 Weld County Health Department, referral received 1-19-00 X
12 Weld County Dept. Public Works, referral received 1-13-00 X
13 8 1/2 X 11 maps submitted by applicant(2 pages) X
14 Deed (2 pages) X
15 Surrounding Property Owners ( 15 pages) X
16 Utilities (5 pages) X
17 Soil Survey (4 pages) X
18 Sign Posted for Public Hearing, 1-28-00 X
EXHIBIT
u3c IZ5
2000-0544
I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Board of County Commissioners hearing. I further certify that these items were
forwarded to the Clerk to the Board's office.
Kim Ogle + Current fanner II
STATE OF COLORADO )
COUNTY OF WELD ) a
SUBSCRIBED and SWORN TO BEFORE ME THIS 0 day of diarl,(ALAy 20 QC
SEAL DIIn
C" NOTARY PUBLIC
MY COMMISSION EXPIRES 7/O001
COLORADO
LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1254 Hearing Date: February 15, 2000
Applicant: Houa (Rick) Thao Planner: Kim Ogle
Address: 11822 WCR 49, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, and horticultural services on a fee or contract basis, including custom
meat processing for a Swine Processing Facility in the A (Agricultural) Zone District
Legal Description: Part of the NW4 NW4 and Part of the NE4 NE4 of Section 6, Township 2
North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to WCR 49, approximately 1/2 mile north of WCR 24
Size of Parcel: 44.4+/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Health Department referral received 01-25-2000
Weld County Public Works Department referral received 01-13-2000
Weld County Code Enforcement referral received 01-24-2000
West Greeley Soil Conservation District referral received 01-07-2000
USDA - Veterinary Services, referral received 01-04-2000
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COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
PLANNER: Kim Ogle
CASE NUMBER: USR-1254 HEARING DATE: February 15, 2000
APPLICANT: Houa (Rick) Thao
ADDRESS: 11822 WCR 49, Hudson, CO 80642
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, and horticultural services on a fee or contract basis, including custom
meat processing for a Swine Processing Facility in the Agricultural Zone District
LEGAL DESCRIPTION: Part of the NW4 NW4 and Part of the NE4 NE4 of Section 6,
Township 2 North, Range 65 West of the 6th P.M., Weld County,
Colorado
LOCATION: East of and adjacent to WCR 49, approximately 1/2 mile north of WCR 24
SIZE OF PARCEL: 44.4 +/- acres
PARCEL NUMBERS: 1305 06 000010
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County
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Comprehensive Plan. A.Goal 1 states to preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture. The
U.S.D.A. soils maps indicate that the soils on this property are designated "Other"
lands. The property currently is being utilized for agricultural purposes, including
the raising of chickens and cows. A.Policy 1 states Agricultural zoning will be
established and maintained to protect and promote the County's agricultural
industry.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in
which the USE is located. The property is zoned Agricultural and section 31.4.2
states that Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or contract basis,
including custom meat processing is permitted as a Use by Special Review.
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. The surrounding land uses include pasture
and prairie lands and is a very rural area with few residences in close proximity.
d. Section 24.3.1.4--That 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. This proposal does not lie within a
three mile referral area of any town or city. The Conditions of Approval and
Development Standards will ensure the health, safety and welfare of the citizens of
Weld County.
e. Section 24.3.1.5-- This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6 --That if the USE is proposed to be located in the A-District, that
the applicant has demonstrated a diligent effort to conserve prime agricultural land
in the locational decision for the proposed USE. This property is not designated as
prime farm ground.
g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), 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 the 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 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 30 days of approval by the Board of County
Commissioners. (Dept. of Planning)
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2. Prior to recording the plat:
A. The facility shall demonstrate compliance with Section 47 of the Weld County
Zoning Ordinance. (Planning Department, Health Department)
B. The applicant shall provide evidence that the property is in compliance with the
Weld County Zoning Ordinance as it pertains to a Non-Commercial Junkyard (VI-
0000024). Further, all derelict vehicles located on the property must be in running
condition with current license plates, or be screened from all adjacent properties
and public rights-of-way, or be removed from the property. All other items
considered to be a part of a noncommercial junkyard must also be removed from
the property or screened from all adjacent properties and public rights-of-way.
(Planning Department, Zoning Compliance)
C. The applicant shall submit a manure and wastewater runoff handling plan for review
and approval to the Weld County Department of Public Health and Environment.
The plan shall describe how manure that is generated on the property will be
disposed, and describe how stormwater that comes into contact with manure on the
property will be managed. The applicant should consider the Best Management
Practices as described in the Confined Animal Feeding Operation Control
Regulations (5 CCR 1002-81). The plan should also describe how pig remains will
be disposed. The applicant shall submit evidence of Health Department approval
to the Department of Planning Services. (Planning Department, Health Department)
D. The applicant shall provide evidence that the facility is in compliance with the rules
and regulations of the Colorado Department of Agriculture and the United States
Department of Agriculture. (Planning Department, Health Department)
E. All accesses utilizing the facility shall be graded and drained all weather access.
(Public Works)
F. The applicant shall provide evidence that the house addressed as 11824 WCR 49
is used as an accessory structure for storage of equipment and not as a residence.
The existing accessory building located eight hundred (800) feet east of Weld
County Road 49 shall have the kitchen removed from the dwelling and be connected
with electricity only to the structure. Further, the dwelling shall not be used on any
basis as a dwelling or as overnight or temporary housing for any person. (Planning
Department)
G. The applicant shall submit a landscaping plan delineating existing plant material, by
common and scientific name and approximate size. This shall be in the form of
Colorado Nurseryman's Standards. Further, should additional landscaping be
proposed or required to mitigate the impacts to surrounding property, this shall be
delineated on the plan. (Planning Department)
3. 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 of the
Weld County Clerk and Recorder. (Planning)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Houa (Rick) Thao
USR-1254
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including custom meat processing for a
Swine Processing Facility 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning)
3. The maximum number of swine (pigs) at the facility shall not exceed 888 animals (allowed
by right) at any given time. (Planning)
4. Fugitive dust shall be controlled on this site. In the event that nuisance dust conditions are
created by the facility, at the request of the Weld County Department of Public Health and
Environment, a dust control plan must be submitted and adhered to. (Health Department)
5. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Department)
6. 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), on the site. (Health
Department)
7. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as
amended. (Health Department, Planning)
8. The facility shall comply with the approved manure and wastewater runnoff handling plan.
(Health Department)
9. The facility shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture and the United States Department of Agriculture. (Health
Department)
10. The maximum permissible noise level shall not exceed the residential limit of 55 db(A),
measured according to Section 25-12-102, C.R.S. (Health Department)
11. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health & Environment. (Health
Department)
12. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended. (Building Inspection, Health Department,
Department of Planning Services)
13. 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. (Health Department)
14. 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. (Health Department)
15. The applicant shall remove, handle, and stockpile manure from the swine in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant
runoff. The surface beneath the manure storage areas shall be of materials which are
protective of State waters. These areas shall be constructed to minimize seepage or
percolation of manure contaminated water. 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). (Health Department)
16. The facility shall be operated in a manner which controls odor. 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. In the event that odors
conditions are in excess of what is allowed by this condition, an odor control plan must be
submitted and adhered to. (Health Department)
17. The facility shall be operated in a manner to control flies. 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. Additional measure
shall also be implemented in the event the Weld County Department or 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. (Health Department)
18. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. The septic system is required to
be designed by a Colorado Registered Professional Engineer. (Health Department)
19. The facility shall utilize the existing private well. (Health Department)
20. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public health and Environment, Water Quality Control Division. (Health
Department)
21. Adequate toilet facilities shall be provided for the family and customers. (Health
Department)
22. An individual sewage disposal system is required for the proposed swine slaughter facility
and shall be installed according to the Weld County Individual Sewage Dsiposal
Regulations. The septic system is required to be designed by a Colorado Registered
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professional Engineer according to Weld county Individual Sewage Disposal Regulations.
(Health Department)
23. All staughtering activities shall be conducted on an impervious, easily cleanable, concrete
surface in an enclosed structure. The surface shall be equipped with a floor drain that flows
to a permanent, permitted Individual Sewage Disposal System. (Health Department)
24. There shall be no burning of trash. (Health Department)
25. The one inch (1") diameter grey water line on the north side of 11824 WCR 49 shall
be connected to the septic system. (Health Department)
26. The hours of operation are seven days per week, from 6:00 a.m. to 7:00 p.m. as indicated
in the amended application materials. Occasional late hours may occur on an emergency
basis. (Planning)
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
29. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
30. 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 Planning Commission 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.
31. 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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DEPARTMENT OF PLANNING SERVICES
/ Code Compliance Division
t 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
"ligC. Fax: (970) 304-6498
COLORADO
January 24, 2000
Mr Thao (Rick) Houa
11822 WCR 49
Hudson, CO 80642
Subject: VI-0000024
Dear Mr. Houa,
It has come to the attention of the Department of Planning Services' staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a non commerical junkyard, consisting of household appliances and miscellaneous junk.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincfrely,
aric'
Vickie Brown
Zoning Compliance Officer
pc: VI-0000024
t9- ci
SERVICE,TEAMWORK,INTEGRITY,QUALITY
O DEPARTMENT OF PLANNING SERVICES
�c11%711--
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17T 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
IlliC.
COLORADO
December 21, 1999
Houa Thao
11822 WCR 49
Hudson, CO 80642
Subject USR-1254 - Request for a Site Specific Development Plan & Special Review Permit for an
Agricultural Service Extablishment primarily engaged in performing agriclutural, animal husbandry,
or horticultural services on a fee or contract basis, including Custom Meat Processing for a Swine
processing facility in the A(Agriclutural) Zone District on a parcel of land described as Part of the
NW4 NW4 and NE4 NE4 of Section 6, Township 2 North, Range 64 West of the 6th P.M., Weld
County, Colorado.
Dear Mr. Thao:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for February 15, 2000, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
... .."NliCr
Kim
Planner
EXHIBIT
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CASE NO. uea- 125+ ; 30 ACRES
NAME +Four , -n4Se ("mew)
REQUEST 7711+.7.1t,-:4426:2Errirger
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A PUBLIC HEARING CONCERNING T
PROPERTY WILL BE HELD AT 1aimliiHIS
MIllifit, GREELEY, COLORADO 80631,
ON Fen ib W�AT 1 3oni ,
FOR MORE INFORMATION CALL THE
WELD COUNTY DEPT. OF PLANNING
SERVICES AT 356-4000.
[4 EXHIBIT
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FIELD CHECK inspection date: January 20, 2000
CASE NUMBER: USR-1254
APPLICANT: Thao (Rick) Houa
LEGAL DESCRIPTION: Pt. NW4 NW4 Section 6, Township 2 North, Range 64 West
of the 6th PM, Weld County, CO
LOCATION: East of and adjacent to WCR 49; approximately 1/2 mile north of WCR 24
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Rural Residence/ range land
S A (Agricultural) S Rural Residence/ range land - tank battery
W A (Agricultural) W Hay with center pivot/ Range land
COMMENTS:
• WCR 49 is a two lane paved road
driveway is gated, and graveled to first yard, then compacted soil
immediately north of gated drive is SFR, circa 1950s
to east of SFR is a carport/ lean2 with power cord running from house to "structure"
NCJY in rear of house/ lean2
Second house, circa 1950s with porch
NCJY
access to this property meanders back through hay storage area, around tree to
clearing filled with NCJY materials.
Both homes are rented. Rick does not live on premises (Elder Asian man, tending
animals stated)
Several outbuildings, some with fenced areas -- see notes on plan
@ cow pen: a garden hose stretches from water pump to cow pen -- see sketch
Kim le, lanner
Vickie Brown, Zoning Compliance
B.7A
Hello