HomeMy WebLinkAbout20000542 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1254 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (MEAT PROCESSING)
IN THE A(AGRICULTURAL) ZONE DISTRICT - HOUA"RICK" THAO AND MEE LO
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 22nd day
of March, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Houa "Rick" Thao and Mee Lo, 11822 Weld County Road 49,
Hudson, Colorado 80642, for a Site Specific Development Plan and Special Review
Permit #1254 for an Agricultural Service Establishment (meat processing) in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the NE1/4 of the NW1/4 and the NW1/4 of
the NW1/4 of Section 6, Township 2 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "...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."
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SPECIAL REVIEW PERMIT#1254 - HOUA "RICK" THAO AND MEE LO
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b. Section 24.4.2.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 of the Weld County Zoning
Ordinance states agricultural service establishments primarily engaged in
performing agricultural, animal husbandry, or horticultural services on a
fee or contract basis, including custom meat processing are permitted as
a Use by Special Review.
c. Section 24.4.2.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses
include pasture and prairie lands in a very rural area with few residences
in close proximity.
d. Section 24.4.2.4 -- 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 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.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- 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 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Houa "Rick" Thao and Mee Lo for a Site Specific
Development Plan and Special Review Permit#1254 for an Agricultural Service Establishment
(meat processing) 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 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.
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2. Prior to recording the plat:
A. The applicant shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
B. The applicant shall provide evidence that the property is in compliance
with the Weld County Zoning Ordinance as it pertains to a
Noncommercial Junkyard (VI-0000024). Further, all derelict vehicles
located on the property must be operational with current license plates,
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.
C. The applicant shall submit a Manure and Wastewater Runoff Handling
Plan to the Weld County Department of Public Health and Environment
for review and approval. 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 approval by the Weld
County Department of Public Health and Environment to the Department
of Planning Services.
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.
E. All accesses utilizing the facility shall be graded and drained for all
weather access.
F. The applicant shall provide evidence that the house located at 11824
Weld County Road 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 as a dwelling
or as overnight or temporary housing for any person.
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,
additional landscaping proposed or required to mitigate the impacts to
surrounding properties, shall be delineated on the plan.
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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 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 22nd day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Le
ATTEST: / �,�it�- 1'� E�4.Gv�i.K ✓ �-�/n-� ri`-
—
► ��i / ' Barbara J. O meyer, Chair-0
Weld County Clerk to th- '•
• it e/
'4Q . J. eile, Pro-Ter BY: Deputy Clerk to the B• ' ml44P 4 / cZ
Georg E. Baxter
APPROVED AS TO FORM! EXCUSED _
Dale K. Hall
7 I I - - 0% / 0
County Attorney 1,144
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOUA "RICK" THAO AND MEE LO
USR#1254
1. The Site Specific Development Plan and Use by Special Review Permit #1254 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 fora Swine Processing Facility 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 90 of the Weld
County Zoning Ordinance.
3. The maximum number of swine (pigs) at the facility shall not exceed 888 animals (allowed
by right) at any given time.
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.
5. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. There shall be no permanent disposal of solid wastes on the site, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
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.
8. The facility shall comply with the approved Manure and Wastewater Runoff Handling Plan.
9. The facility shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture and the United States Department of Agriculture.
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.
11. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
12. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
13. The facility shall not discharge run-off or other waste waters to surface or groundwater
except what is allowed by the Confined Animal Feeding Operations Control Regulations.
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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.
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).
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 odor
conditions are in excess of what is allowed by this Use by Special Review Permit, an Odor
Control Plan must be submitted and adhered to.
17. The facility shall be operated in a manner to control flies. In the event flies which can be
determined to be associated with the facility are in such a number as to be considered a
nuisance condition, additional fly control measures shall be implemented at the request of
the Weld County Department of Public Health and Environment. Additional measures 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.
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.
19. The facility shall utilize the existing private well.
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.
21. Adequate toilet facilities shall be provided for the applicant and customers.
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 Disposal
Regulations. The septic system is required to be designed by a Colorado registered
professional engineer according to Weld County Individual Sewage Disposal Regulations.
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23. All slaughtering 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.
24. There shall be no burning of trash on the site.
25. The one-inch (1") diameter grey water line on the north side of the property located at
11824 Weld County Road 49 shall be connected to the septic system.
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.
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.
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.
29. 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.
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 Board of 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.
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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