HomeMy WebLinkAbout20000543 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution with the change in wording on Development Standard
#6 be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
PLANNER: Kim OgleI
CASE NUMBER: USR-1254
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
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission 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 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
4 EXHIBIT
2000-0543
UsCZ#laS-1
RESOLUTION, USR-1254
Houa Thao
Page 2
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 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 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)
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)
RESOLUTION, USR-1254
Houa Thao
Page 3
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)
Motion seconded by Stephen Mokray.
VOTE:
For Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
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, Trisha Swanson, 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 February 15, 2000.
Dated the 15th of February, 2000.
c� &u
Trisha Swanson
Secretary
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 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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