HomeMy WebLinkAbout972174.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
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Applicant: English Feedlots, Inc.
Case Number: USR-1154
Submitted or Prepared
Prior
to Hearing At Hearing-i•
1. P.C. Resolution X
2. Comments
a. Land Use Summary sheet X
b. Staff recommendation X
c. Field Check from P.C. Member Jack Epple X
d. Staff Field Check
e. Memo to file from Monica Mika (3/30/97) X
f. Staff letter to applicant X
3. Legal notice X
4. Application (31 pp.) X
5. Plat (1 sheet) X
6. Referrals without comments
a. Referral list X
7. Referrals with comments
a. Weld County Health Dept. (6/11/97) X
b. CO Dept. Public Health & Environ. (6/12/97 X
c. Platte Valley Soil Conserv. District (5/27/97 X
d. Weld County Public Works Dept. (5/28/97 X
e. Hudson Planning Commission (5/21/97 X
f. CO Division of Water Resources (5/21/97 X
g. Weld County Public Works Dept. (7/14/97 X
8. DPS Maps (3) X
9. Deed (5 pages)
10. SPO's X
a. Letters in objection
1) Jeff Wall 6/6/97 X
2) M. Phalen 6/21/97 X
3) Doug & Kathy Wilch 6/23/97 X
4) Bowen Hyma 6/28/97 X
5) James & Nancy Nolan 6/27/97 X
6) Kenneth & Alice Green 7/2/97 X
7) Robert Beasley 6/27/97 X
8) Susan Gallegos 7/1/97 X
9) Samuel Bickler 6/23/97 X
10) CFOG 7/7/97 X
11) Wayne Dunker 7/7/97 X
12) Brad Rhodebeck 7/3/97 X
13) Shirley Bauer 7/8/97 X
14) Catherine Taues 7/7/97 X
15) Dan Steward 7/10/97 X
16) Arlene Supple 7/15/97 X
Ethi bit IV 17) Ken & Tammy Comer 7/8/97 X
972174
b. Petition in objection w/ 233 signatures 7/7/97
11. Soil Survey
12. Letter from Dunker
13. Additional petition (4 page)
14. Letter from Graves
15. Peterson Laboratories Results
16. Letter from Yost
X
X
I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office on July 21, 1997.
Glori. Du , Current Planner
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS 2 io-i- day of
SEAL
My Commission Expires /- Z3 O/
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972174
LAND -USE APPLICATION
SUMMARY SHEET
July 8, 1997
CASE NUMBER: USR-1154
NAME: English Feedlots, Inc. c/o Patty DePlazes, Eastern Plains Environmental Service
ADDRESS: 19200 Weld County Road 10, Hudson, CO
REQUEST: Site Specific Development Plan and amended Special Review permit (SUP -68, SUP -
105) to expand an existing Livestock Confinement Operation from 12,000 cattle to
20,000 cattle
LEGAL DESCRIPTION: SW4 of Section 8, T1N, R65W of the 6th P.M., Weld County, CO
LOCATION: North and adjacent to Weld County Road 10; approximately % mile west of Weld
County Road 41
SIZE OF PARCEL: 160 acres, more or less
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, as amended.
The feedlot land use (12,000 cattle) has been previously permitted under SUP -68 (1970) and SUP -
105 (1971) forAnschutz Land and Livestock. Prior to this time, a letter dated 1966 validated 10,000
cattle on the same site. The parcel size remains at 160 acres. English Feedlots, Inc. assumed
ownership of the feedlot in 1995.
The Department of Planning Services' staff has received responses from the following agencies:
Colorado Department of Public Health and Environment
Office of the State Engineer
Weld County Public Works Department
Town of Hudson
Weld County Health Department
Platte Valley Soil Conservation District
The Department of Planning Services' staff has not received referral responses from the Hudson Fire
Protection District
The Department of Planning Services' staff has received 12 letters and one petition with 233
signatures in objection to the proposed expansion from surrounding property owners.
-Att
COLORADO
SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
ADMINISTRATIVE RECOMMENDATION
DATE: July 15, 1997
CASE NUMBER: USR-1154
PLANNER: Gloria Dunn
NAME: English Feedlot, Inc. c/o Patty Deplazes
ADDRESS: 14111 Weld County Road 2, Wiggins, CO 80654
REQUEST: Site Specific Development Plan and amended Special Review permit (SUP -68
and SUP -105) to expand an existing Livestock Confinement Operation (L.C.O.)
from 12,000 cattle to 20,000 cattle in the A (Agricultural) Zone District
LEGAL DESCRIPTION: SW4 of Section 8, TIN, R65W of the 6th P.M., Weld County, CO
LOCATION: North and adjacent to Weld County Road 10; approximately 1/2 mile west of
Weld County Road 41
PARCEL IDENTIFICATION NUMBER: 1473 08000010
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' staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 This proposal is consistent with the Weld County Comprehensive
Plan, as amended. A. Goal 1 encourages land uses which foster the economic health
and continuance of agriculture. A. Policy 2 allows for the location of agricultural
businesses and industries in areas which minimize the removal of prime agricultural
land from production. The Town of Hudson has reviewed the proposal and
commented that, while the Planning Commission did not officially vote to support or
972174
USR-1154, English Feedlots, Inc.
Page two
object to the application, there are environmental concerns relating to the expansion.
The proposed conditions of approval and development standards as recommended by
the Weld County Health Department in a memo dated June 11, 1997, address the
concerns.
b. Section 243.1.2 This proposal is consistent with the intent of the A (Agricultural)
zone district. The expansion of a Livestock Confinement Operation is allowed in the
(A) Agricultural zone district with the approval of an amended Special Review Permit.
The present feedlot is situated on a 160 -acre parcel which has existed since the 1960's.
A 28 -acre area, more or less, situated north of the existing pens which is also included
in this quartersection is proposed to be converted for use as additional pen space. The
feedlot was initially permitted under SUP -68 in 1970. An expansion to the feedlot
occurred in 1971 through the approval of SUP -105. The number of cattle presently
allowed on the site is 12,000. This application, if approved, would increase the number
of cattle to 20,000 head.
c. Section 243.1.3 The uses which would be permitted with be compatible with the
existing surrounding land uses. Immediate surrounding land uses are mixed, including
agricultural production, a dairy, a turf farm, rural residences located south across Weld
County Road 10 and vacant agricultural ground. This agricultural industry is located
in the A (Agricultural) zone district, in which the support and continuation of such uses
are promoted by the Comprehensive Plan.
d. Section 243.1.4 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. This site is approximately two (2) miles west of Hudson and
according to Rob Fuller, Administrator for the Town of Hudson, is not a part of the
Town's comprehensive planning area. The Conditions of Approval and Development
Standards which are a part of this recommendation will require adherence by the
applicant to stricter environmental standards than what is existing under the present
Special Use permit.
e. Section 24.3.1.5 The application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located with the Overlay
District Areas identified by maps officially adopted by Weld County. The site is not
affected by any Overlay Districts recognized by the county.
f. Section 24.3.1.6 The applicant has demonstrated a diligent effort has been made to
conserve productive agricultural land in the locational decision for the proposed use.
Soils on the site are identified as nonprime farmground. The area proposed for
expansion is presently used as dryland pasture; land east of the feedlot is in agricultural
production. Taking into considering the location of nearby residences and the
topography of the site, it appears that the requested location is suitable for the
expansion.
972174
USR-1154, English Feedlots, Inc.
Page three
g.
Section 24.3.1.7 There is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the County. Supplementary
Regulations for Livestock Confinement Operations, Livestock Feeding Performance
Standards, Design Standards and Operation Standards set forth in Sections 45.1, 47,
24. 5 and 24.6 of the Weld County Zoning Ordinance, as amended, Conditions of
Approval and Development Standards proposed in this recommendation ensure that
adequate provisions will be in place for the protection of the health, safety and welfare
of the neighborhood and 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 15 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulations, in accordance with a memo dated June 11,
1997, from the Weld County Health Department. This shall be demonstrated by
submitting a comprehensive manure and waste water handling plan, for a 20,000 head
feedlot, to the Weld County Health Department for review and approval. This plan
shall include, but not be limited, to the following:
(1) Demonstration that all manure stockpile areas and waste water collection,
conveyance and retention facilities are adequately constructed and sized to
handle a twenty-five (25) year, twenty-four (24) hour storm event in accordance
with the CAFO regulations. This shall be conducted by a Registered
Professional Engineer.
(2) Demonstration that any waste water retention structure constructed after August
%o2 30,1972, has been constructed with a lining material which does not exceed a
seepage rate of 1/4"/day (1x10(-5) cm/sec). This shall be conducted by a
Registered Professional Engineer.
(3)
A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses through
the property, manure storage areas, lagoons, etc.
972174
USR-1154, English Feedlots, Inc.
Page four
(4) A surface contour map which demonstrates all surface water control features
on the site. This should include surveyed surface elevations, indicate flow
direction, run-on control features, etc.
(5)
Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations.
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO regulations.
(7)
Other necessary measures which are required in order to comply with the CAFO
regulations.
A dust abatement plan shall be submitted to the Weld County Health Department for
review and approval. The facility shall have sufficient equipment available to
implement dust control as required by the Weld County Health Department. (Weld
County Health Department)
A fly control plan shall be submitted to the Weld County Health Department for review
and approval. (Weld County Health Department)
An odor abatement plan shall be submitted to the Weld County Health Department for
review and approval. (Weld County Health Department)
The facility shall demonstrate compliance with Section 47 with the Weld County
Zoning Ordinance pertaining to Livestock Feeding Performance Standards. (Weld
County Health Department)
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. (Weld County Health Department)
G. The plat shall be amended to show the names and locations of adjacent property
owners and the signature blocks for the property owner and Planning Commission and
Board of County Commissioner chairpersons.
The applicant shall enter into a Road Maintenance Agreement with Weld County for
improvements to Weld County Road 10 from Weld County Road 41 west to the access
into the feedlot facility. A copy of the proposed agreement shall be submitted to the
Weld County Public Works Department for review and approval.
972174
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1154
English Feedlots, Inc.
The Site Specific Development Plan and Special Review permit is for expansion of a Livestock
Confinement Operation from 12,000 cattle to 20,000 cattle in the A (Agricultural) zone district,
as set forth in the application materials on file in the Department of Planning Services and subject
to the Development Standards stated herein.
Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended.
Fugitive dust shall be controlled on this site. The facility shall be operated in accordance, at all
times, with the approved dust abatement plan. (Weld County Health Department)
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 Health Department)
There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6CCR 1007-2), at this site. (Weld County Health
Department)
The facility shall maintain compliance with confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and Section 47 of the Weld County Zoning Ordinance, as amended.
(Weld County Health Department)
The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A),
measured according to Section 25-12-102, C.R.S. (Weld County Health Department)
Any required NPDES permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Weld County Health
Department)
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 Health Department)
10. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Weld County Health Department)
11. The applicant shall remove, handle, and stockpile manure from the livestock area 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
972174
USR-1154, English Feedlots, Inc.
Page six
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). (Weld County Health Department)
12. 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. The odor abatement plan shall be
implemented at the request of the Weld County Health Department in the event odor levels detected
off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, oriii the
judgthent-of the Weld County IIea:th-Officer,
(Weld County Health Department)
13. The facility shall maintain records on site, available for inspection during business hours, at all
times, which demonstrate the following:
A. That the waste water collection and storage facilities are adequately constructed and sized
to handle a 25 -year 24 -hour storm event, in accordance with CAFO regulations. (Weld
County Health Department)
B. The manner in which manure and waste water has been removed and applied to land. This
should also include any agreements between the facility and other parties concerning the
off -site removal of manure or waste water for land application, treatment or disposal. (Weld
County Health Department)
C. The method in which waste water and/or manure will be applied to land, including the
procedure which will be used to insure that agronomic rates are not exceeded. (Weld
County Health Department)
14. 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 Health Department)
15. The facility shall be operated in a manner to control flies. The fly control plan shall be
implemented at the request of the Weld County Health Department 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 be implemented in the event the Weld County Health
Department receives a significant number of fly (associated with facility) complaints, and in the
judgment of the Weld County Health Officer, there exists a fly condition requiring abatement.
(Weld County Health Department)
16. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Weld County Health Department)
17. 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 Health Department)
972174
USR-1154, English Feedlots, Inc.
Page seven
18. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Weld County Health Department)
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended.
20. 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.
21. The property owner or operator shall be responsible for complying with the Operation Standards
of Sectoin 24.6 of the Weld County Zoning Ordinance, as amended.
22. The property owner or operator shall be responsible for complying with the Supplementary
Regulations for Livestock Confinement Operations of Section 45.1 of the Weld County Zoning
Ordinance, as amended.
23. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and
all applicable Weld County regulations.
24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Major changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
permit by the Weld Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the offices 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 Weld Board of County Commissioners.
972174
STAFF'S RECOMMENDATION FOR PROPOSED CHANGES
TO THE PLANNING COMMISSION RESOLUTION
CASE NUMBER: USR-1154
APPLICANT: English Feedlot, Inc., c/o Patty DePlazes
ADDRESS: 1411 Weld County Road 2, Wiggins, CO 80654
PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan and amended Special Review permit (SUP -68 and SUP -
105) to expand an existing Livestock Confinement Operation (L.C.O.) from 12,000 cattle to
20,000 cattle in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The SW4 of Section 8, T1 N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 10; approximately % mile west of Weld County
Road 41.
PARCEL NUMBER: 1473 08 000010
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 follows:
a. Section 24.3.1.1 This proposal is consistent with the Weld County Comprehensive Plan, as
amended. A. Goal 1 encourages land uses which foster the economic health and
continuance of agriculture. A. Policy 2 allows for the location of agricultural businesses and
industries in areas which minimize the removal of prime agricultural land from production. The
Town of Hudson has reviewed the proposal and commented that, while the Planning
Commission did not officially vote to support or object to the application, there are
environmental concerns relating to the expansion. The proposed conditions of approval and
development standards as recommended by the Weld County Health Department in a memo
dated June 11, 1997, address the concerns.
b. Section 24.3.1.2 This proposal is consistent with the intent of the A (Agricultural) zone district.
The expansion of a Livestock Confinement Operation is allowed in the A (Agricultural) zone
district with the approval of an amended Special Review permit. The present feedlot is
situated on a 160 -acre parcel which has existed since the 1960's. A 28 -acre area, more or
less, situated north of the existing pens which is also included in this quarter section is
proposed to be converted for use as additional pen space. The feedlot was initially permitted
under SUP -68 in 1970. An expansion to the feedlot occurred in 1971 through the approval
of SUP -105. The number of cattle presently allowed on the site is 12,000. This application,
if approved, would increase the number of cattle to 20,000 head.
972174
RESOLUTION, USR-1154
English Feedlots, Inc.
Page 2
c. Section 24.3.1.3 The uses which would be permitted will be compatible with the existing
surrounding land uses. Immediate surrounding land uses are mixed, including agricultural
production, a dairy, a turf farm, rural residences located south across Weld County Road 10
and vacant agricultural ground. This agricultural industry is located in the A (Agricultural)
zone district, in which the support and continuation of such uses are promoted by the
Comprehensive Plan.
d. Section 24.3.1.4 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. This site is approximately two (2) miles west of Hudson and according to Rob
Fuller, Administrator for the Town of Hudson, is not a part of the Town's comprehensive
planning area. The conditions of approval and development standards which are a part of this
recommendation will require adherence by the applicant to stricter environmental standards
than what is existing under the present Special Use permit.
e. Section 24.3.1.5 The application complies with the Weld County Zoning Ordinance, Section
50, Overlay District Regulations if the proposal is located with the Overlay District Areas
identified by maps officially adopted by Weld County. The site is not affected by any Overlay
Districts recognized by the county.
f. Section 24.3.1.6 The applicant has demonstrated a diligent effort has been made to conserve
productive agricultural land in the locational decision for the proposed use. Soils on the site
are identified as nonprime farmground. The area proposed for expansion is presently used
as dryland pasture; land east of the feedlot is in agricultural production. Taking into
considering the location of nearby residences and the topography of the site, it appears that
the requested location is suitable for the expansion.
Section 24.3.1.7 There is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the county. Supplementary Regulations
for Livestock Confinement Operations, Livestock Feeding Performance Standards, Design
Standards, and Operation Standards set forth in Sections 45.1, 47, 24.5 and 24.6 of the Weld
County Zoning Ordinance, as amended, conditions of approval and development standards
proposed in this recommendation ensure that adequate provisions will be in place for the
protection of the health, safety and welfare of the neighborhood and 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 15 days of approval by the Board of County Commissioners. (Planning Department)
g.
972174
RESOLUTION, USR-1154
English Feedlots, Inc.
Page 3
2. Prior to recording the plat:
a. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulations, in accordance with a memo dated July 11, 1997, from the Weld
County Health Department. This shall be demonstrated by submitting a comprehensive
manure and waste water handling plan, for a 20,000 head feedlot, to the Weld County Health
Department for review and approval. This plan shall include, but not be limited, to the
following:
(1)
Demonstration that all manure stockpile areas and waste water collection,
conveyance and retention facilities are adequately constructed and sized to handle
a twenty-five (25) year, twenty-four (24) hour storm event in accordance with the
CAFO regulations. This shall be conducted by a Registered Professional Engineer.
(2) Demonstration that any waste water retention structure constructed after August 30,
1992, has been constructed with a lining material which does not exceed a seepage
rate of 1/4'/day (1x10(-5) cm/sec). This shall be conducted by a Registered
Professional Engineer.
A site map demonstrating the layout of the site. This should include the locations of
all pens, structures, feed storage areas, any water courses through the property,
manure storage areas, lagoons, etc.
(4) A surface contour map which demonstrates all surface water control features on the
site. This should include surveyed surface elevations, indicate flow direction, run-on
control features, etc.
Demonstration that the facility has the ability to manage and/or land apply manure
and waste water at agronomic rates in accordance with the CAFO regulations.
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO regulations.
Other necessary measures which are required in order to comply with the CAFO
regulations.
b. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. The facility shall have sufficient equipment available to implement dust control
as required by the Weld County Health Department. (Weld County Health Department).
c. A fly control plan shall be submitted to the Weld County Health Department for review and
approval. (Weld County Health Department).
d. An odor abatement plan shall be submitted to the Weld County Health Department for review
and approval. (Weld County Health Department).
e. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance pertaining to Livestock Feeding Performance Standards. (Weld County Health
Department).
(3)
(5)
(7)
972174
RESOLUTION, USR-1154
English Feedlots, Inc.
Page 4
f. 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. (Weld County Health Department).
9.
The plat shall be amended to show the names and locations of adjacent property owners and
the signature blocks for the property owner and Planning Commission and Board of County
Commissioner chairpersons. (Planning Department)
h. The applicant shall enter into a Road Maintenance Agreement with Weld County for
improvements to Weld County Road 10 from Weld County Road 41, west to the access into
the feedlot facility. A copy of the proposed agreement shall be submitted to the Weld County
Public Works Department for review and approval. (Weld County Public Works Department)
1. The location of the well, access road and any easement(s) pertaining to the well
operated by Patina Oil and Gas Company shall be delineated on the plat. (Planning
Department)
Motion seconded by Glenn Vaad.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nickles
Fred Walker
Marie Koolstra
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
Jack Epple
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, 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 Planing Commission of Weld County,
Colorado, adopted on July 15, 1997.
Dated the 15th of July, 1997
Sharyn Frazer
Secretary
972174
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
English Feedlots, Inc.
USR-1154
1. The Site Specific Development Plan and Special Review permit is for expansion of a Livestock
Confinement Operation from 12,000 cattle to 20,000 cattle in the A (Agricultural) zone district, as set
forth in the application materials on file in the Department of Planning Services and subject to the
Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended.
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance, at all times,
with the approved dust abatement plan. (Weld County Health Department).
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 Health Department).
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Sold
Waste Disposal Sites and Facilities (6CRR 1007-2), at this site. (Weld County Health Department).
6. The facility shall maintain compliance with confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and Section 47 of the Weld County Zoning Ordinance, as amended. (Weld County
Health Department).
7. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), measured
according to Section 25-12-102, C.R.S. (Weld County Health Department).
8. Any required NPDES permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health and Environment. (Weld County Health Department).
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
Health Department).
10. Waste materials, not specifically addressed by other development standards, shall be handled, stored,
and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance
conditions. (Weld County Health Department).
11. The applicant shall remove, handle, and stockpile manure from the livestock area 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). (Weld County Health Department).
972174
DEVELOPMENT STANDARDS, USR-1154
English Feedlots, Inc.
Page 6
12. 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. The odor abatement plan shall be implemented at the
request of the Weld County Health Department 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 judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement. (Weld County Health Department).
13. The facility shall maintain records on site, available for inspection during business hours, at all times,
which demonstrate the following:
a. That the waste water collection and storage facilities are adequately constructed and sized
to handle a 25 -year 24 -hour storm event, in accordance with CAFO regulations. (Weld
County Health Department).
b. The manner in which manure and waste water has been removed and applied to land. This
should also include any agreements between the facility and other parties concerning the off -
site removal of manure or waste water for land application, treatment or disposal. (Weld
County Health Department).
c. The method in which waste water and/or manure will be applied to land, including the
procedure which will be used to insure that agronomic rates are not exceeded. (Weld County
Health Department).
14. 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 Health Department).
15. The facility shall be operated in a manner to control flies. The fly control plan shall be implemented
at the request of the Weld County Health Department 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 be implemented in the event the Weld County Health Department receives a significant
number of fly (associated with facility) complaints, and in the judgment of the Weld County Health
officer, there exists a fly condition requiring abatement. (Weld County Health Department).
16. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Weld County Health Department).
17. 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 Health Department).
18. The facility shall be operated in accordance with the approved manure and waste water management
plan. (Weld County Health Department).
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended. (Planning Department)
20. The feedlot expansion shall not block access or prevent Patina Oil and Gas Company from
conducting its usual operations on the well and its associated flowlines and production
972174
RESOLUTION, USR-1154
English Feedlots, Inc.
Page 7
facilities nor prevent further operations on the well including, but not limited to, workovers,
recompletions or redrilling which may occasionally require bringing drilling rigs and other
industrial equipment to the wellsite to perform various operations. (Planning Department)
21. The owner/operator of the feedlot facility shall maintain adequate fencing, consistent with the
activities described in Development Standard #20, around the well site at all times. (Planning
Department)
22. 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. (Planning Department)
23. 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. (Planning Department)
24. The property owner or operator shall be responsible for complying with the Supplementary
Regulations for Livestock Confinement Operations of Section 45.1 of the Weld County Zoning
Ordinance, as amended. (Weld County Health Department)
25. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations. (Planning Department)
26. The Special Review areas shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Major 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 offices of the Department of Planning
Services. (Planning Department)
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 Weld County Board of County Commissioners. (Planning
Department)
972174
-Katt t‘'
W1�Yc,
COLORADO
Weld County Referral
May 16, 1997
The Weld County Department of Planning Services has received the following item for review:
Applicant
English Feedlots, Inc., do Patty
Deplazes, Eastern Plains
Environmental Service
Please Reply By June 6, 1997
Project Site Specific Development Plan and Amended Special Review Permit (SUP -68) to expand
an existing Livestock Confinement Operation (L.C.O.) from 12,000 cattle to 20,000
cattle.
Case Number USR-1154
Planner Gloria Dunn
Legal The SW4 of Section 8, Ti N, R65W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to Weld County Road 10; approximately 1/2 mile west of Weld
County Road 41.
Parcel Number 147308000010
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to he a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) July 15, 1997
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
thAd
Comments:
Signature
Agency
Weld County Plan ifi Sept. 14
0
Dale
972174
17th e. reeley, CO. 80631 x(970) 353-6100 ext.3540
FIELD CHECK
FILING NUMBER: USR-1154 DATE OF INSPECTION:
APPLICANT'S NAME: English Feedlots, Inc., do Patty Deplazes, Eastern Plains Environmental Service
CURRENT PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan and Amended Special Review Permit (SUP -68) to expand an existing
Livestock Confinement Operation (L.C.O.) from 12,000 cattle to 20,000 cattle.
LEGAL DESCRIPTION: The SW4 of Section 8, Ti N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 10; approximately 1/2 mile west of Weld County Road
41.
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
e, I,
972174
Field Check
Case Number
Applicant
Request
Legal Description
Parcel Number
Location
inspection date: lune 12, 1997
USR-I 154
English Feedlots, Inc. c% Patty DePlazes
SSDP and amended USR (SUP -68) to expand an existing
Livestock Confinement Operation (LCO) from 12,000 to
20,000 cattle
SW4 of Section 8, TIN, R65W of the 6th P.M., Weld
County, CO
147308000010
North and adjacent to WCR 10; approx. '/ mile west of
WCR 41
Zonins
N
A (Agricultural)
E
A (Agricultural)
S
A (Agricultural)
W
A (Agricultural)
Unsafe Conditions:
Land Use
N
Agricultural ground
E
Agricultural production
S
WCR 10, sod farm, agricultural ground, 4
residences
W
Agricultural ground
There are no apparent unsafe conditions on the site
Comments: Property accesses Weld County Road 10, gravel -surfaced local road. Site to
the east is farmed and also owned by English Feedlots, according to the plat. The lot is
variable in elevation, lower along the south and west. There is higher ground adjacent to
parts of the west and north boundary lines, partially screening the feedlot. A screening (solid)
fence exists west of the area delineated on the plat for "existing pens". All nearby residences
are located south of the site, across WCR 10; three additional residences are located
southwest of the feedlot. A small dairy with two residences is located southeast of the feedlot
which also accesses WCR 10.
'I GI nn, Current Planner
EXHIBIT _
972174
MEMORANDUM
To: File March 20, 1997
WilDe
From: Monica Daniels -Mika, Director, Dept. of Planning Services
COLORADO Subject:
Well over two months ago, Patty DePlazes requested a determination concerning SUP -68, Anschutz Livestock.
After extensive research, the information pertaining to the recorded permit has been very difficult to obtain and
minimal information from the original case is available. After searching additional sources, the Assessor's and
Treasurer's information, there was no indication on either of the historic data bases that the livestock operation,
particularly one of this magnitude existed. Over the course of this time the Department of Planning Services has
visited the site several times and the applicant's at the site have participated in both SUP -68, followed by SUP -
105. The information stated in SUP -105, represented the number of head to be requested as 12,000 head.
Additionally, on all correspondence in the Department of Planning Services, as well as, information submitted
from the applicant throughout time has listed the land associated with the livestock operation to be the SW4 of
Section 8, Ti N, R65W of the 6th P.M., Weld County, Colorado. Therefore, we will be looking at the SW4 to be
the only site associated with either SUP -68 and SUP -105.
This information is necessary to determine potential future expansions, as well as, future use in the number of
animal units associated with the property. On Tuesday, March 18, 1997, after speaking with Lee Morrison,
Assistant County Attorney, I called Patty DePlazes and informed her of this official determination from the
Department of Planning Services and have yet to hear a response from her.
sup68.sef
SERVICE, TEAMWORK, INTEGRITY, QUALITY
972174
i&tt;
INDc
COLORADO
May 16, 1997
English Feedlots, Inc.
do Patty Deplazes
Eastern Plains Environmental Service
16058 Weld County Road 96
Nunn, CO 80648
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: USR-1154 - Request for a Site Specific Development Plan and Amended Special Review Permit (SUP -68) to
expand an existing Livestock Confinement Operation (L.C.O.) from 12,000 cattle to 20,000 cattle on a parcel
of land described as the SW4 of Section 8, T1 N, R65W of the 6th P.M., Weld County, Colorado.
Dear Ms. Deplazes:
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 July 15, 1997, at 1:30 p.m. This meeting will take place in the County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members
may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or
if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Hudson Planning Commission for its review and comments. Please call
Judy Larson with the Town of Hudson, at 303-536-9311, for further details regarding the date, time, and place of this meeting.
It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer
any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to posta 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,
GD/tp
Dunn
nt Planner
972174
EXHIBIT
1
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