HomeMy WebLinkAbout992542.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING CIOMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY-C clISS1bNEici
Moved by Arlan Marrs that the following resolution,with the addition of to ConditiA f(Xpprova+#4 A& B and
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the addition of Development Standards#24 and#25 with subsequent renumbering, be introduced for passage
by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the
application for:
APPLICANT: Stan and Lori Waddell
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
Chicken and Turkey Processing Facility in the A(Agricultural)Zone District
PLANNER: Julie A. Chester
CASE NUMBER: USR-1242
LEGAL DESCRIPTION: Part of the NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to WCR 100, West of WCR 39
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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 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 turkeys. 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 lies within the three mile referral area of the Town of Nunn,
however, a referral was not returned. The Conditions of Approval and Development
Standards will ensure the health, safety and welfare of the citizens of Weld County.
II EXHIBIT
992542
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RESOLUTION, USR-1242
Waddell
Page 2
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.
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 obtain a permit for the use of the cistern from the Weld County
Department of Public Health and Environment. At a minimum, the cistern must meet the
following minimum criteria:
1. The cistern must be constructed of stainless steel. (Health Department)
2. The cistern must be equipped with a automatic chlorination device with an alarm that
will sound in the event that it malfunctions. (Health Department)
3. The cistern must be equipped with a low water level alarm to alert the operator that
only a minimal amount of water remains. (Health Department)
C. In accordance with the Weld County ISDS Regulations, the septic system proposed to serve
the poultry processing facility shall be designed by a registered professional engineer. In the
event the design hydraulic flow of the proposed septic system exceeds 3,000 gallons per day
(according to the Weld County ISDS Regulations), the applicant must receive approval from
the Colorado Department of Public Health and Environment in accordance with the
Regulations for the Site Application Process ( 5 CCR 1002-22). (Health Department)
D. 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
storm water 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
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describe how dead birds will be disposed.
RESOLUTION
Waddell
Page 3
E. 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.
F. All accesses utilizing the facility shall be graded and drained all weather access. (Public
Works)
G. The three houses located on the east side of the property must obtain the appropriate zoning
and building permits or be removed from the property. (Planning, Building Inspection)
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. (Planning)
4. Prior to the Board of County Commissioner hearing:
A. The applicant provide evidence from the town of Nunn, or any other potable water
source assurance that water is available.
B. The applicant must enter into a standard drinking water agreement with the Weld
County Department of Public Health and Environment or some other certified laboratory to
test the cistern for potability on a quarterly basis. The results shall be reported to the Weld
County Department of Public Health and Environment.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas Jack Epple
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
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.
RESOLUTION
Waddell
Page 4
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 October 5, 1999.
Dated the 5th of October, 1999.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stan and Lori Waddell
USR-1242
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 Chicken and Turkey
Processing Facility in the A(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 chickens and turkeys on the facility shall not exceed 10,000 birds per year
and no more than 1200 chickens and turkeys 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), at this 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 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. (Health Department)
9. 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)
10. 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)
11. 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)
12. 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)
13. The applicant shall remove, handle, and stockpile manure from the poultry 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)
14. 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)
15. The facility shall comply with the approved manure and wastewater runoff handling plan. (Health
Department)
16. 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)
17. The applicant shall comply with Weld County Ordinance No. 172 pertaining to cisterns. (Health
Department)
18. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Department)
19. 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. (Health Department)
20. Water obtained to fill the cistern shall be obtained from a"community water system"as defined by the
Colorado Primary Drinking Water Regulations or an alternative source as approved by the Weld
County Department of Public Health and Environment. The operator shall maintain 3 years worth
of records that describes where the water was obtained to fill the cistern. The water shall be
transported from the "community water system" in a clean vessel and transferred to and from the
vessel in a manner that does not compromise the quality of the water. (Health Department)
21. 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)
22. In the event that a more reliable source of water, i.e. community supply or well, becomes available,
the facility shall abandon the cistern and obtain water service from that source. (Health Department)
23. The hours of operation are seven days per week, from 7:00 a.m. to 5:00 p.m. as indicated in the
amended application materials. Occasional late hours may occur on an emergency basis. (Planning)
24. No wholesale processing shall occur on site without inspection by an agent of USDA. All custom
processing shall comply with rules and regulations of the Colorado department of Public Health and
Environment.
25. All water transferred for use on the property shall be transported in a vessel that maintains the quality
of the water as determined by the Weld County Department of Public Health and Environment.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
SUMMARY OF THE WELD COUNY PLANNING COMMISSION
October 5, 1999
Page 2
CASE NUMBER: USR-1242
APPLICANT: Stan and Lori Waddell
PLANNER: Julie Chester
LEGAL DESCRIPTION: NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for an Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including, custom meat processing for
Chicken and Turkey Processing Facility located in the A(Agricultural) Zone District.
LOCATION: South of and adjacent to Weld County Road 100; west of Weld County Road 39.
Julie Chester, Department of Planning Services, presented Case USR-1242 and read the case into the record.
Julie stated that the planning staff is recommending denial as the application does not fulfill section 24.7 of
the Weld County Zoning Ordinance for several reasons. Applicant has not complied with section 24.3.1.7,
which reads "That there is adequate provision for the protection of health, safety and welfare of the
inhabitants of the NEIGHBORHOOD and the County." . The Weld County Department of Public Health and
Environment indicated in a referral that the proposed cistern system does not comply. The Health Department
feels the lack of continuous water supply could result in less clean water or unsanitary processing.
Stan Waddell, applicant, stated that they are trying to get this permit to run a part time business with only his
wife and himself as employees. They would be processing less than 2,000 chickens per year with the
maximum number of birds being 150 per day. This would take at most 800 gallons of water a day and they
are proposing a 5,000 gallon water tank as well as an 18,000 gallon water tank to fill the cistern with. They
would process up to three times per week as it would be a part time business. He presented a letter from the
USDA stating the requirements for a poultry processing operation to run using a cistern.
Bryant Gimlin asked why they couldn't get a well. Stan stated that they would prefer that and had tried, but
the Division of Water resources had turned them down for a new commercial well or using their domestic well
for the processing. He stated that they can buy water for the cistern in the town of Nunn, only three miles
away, but that they would not be able to get a water line out to their property. The cistern would be stainless
steel and underground for insulation, with the water being transported by his truck pulling a water tank on a
trailer. He also has a neighbor with a four wheel drive vehicle if the truck were to break down. He stated that
they would not process without both the 5,000 and 18,000 gallon tanks full. Stan Waddell would like to be
inspected by the USDA or the Colorado Department of Agriculture to keep within the rules and wants to be
allowed to follow the USDA guidelines as he stated earlier.
Mike Miller asked how much waste would be generated and the process for storing it. Stan stated there would
be about 30 gallons of waste that would be stored in a walk-in refrigerator and then disposed of at a landfill.
Trevor Jiricek, Department of Public Health and Environment, asked for a clarification on the number of birds
and mentioned that he thought the USDA information was focused on a larger number being processed. He
wasn't sure if the USDA would be able to have an inspector on site for a small operation.
Stan Waddell stated that they wanted to be USDA inspected in order to sell in local stores.
Lori Waddell, applicant, had some questions concerning why the two septic systems they proposed were not
approved. They were told the first system was too small, but when they enlarged the system it was too large
for their purposes. Trevor stated that they could work the septic system out if the application was approved,
he just never received enough information from the engineer.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Boyd Collins, a neighbor in the area, said he wasn't against or for the application, he just wanted some m
clarification about a few points. He wanted to state that there wasn't enough water to supply a well, as several
people in the area had come up with less water or completely gone dry. He also wanted to make sure the d
odor was kept in compliance and that his wells wouldn't be affected. Jack Epple asked how deep the wells w
tansietavated
SUMMARY OF THE WELD COUNY PLANNING COMMISSION
October 5, 1999
Page 3
were on his property and applicant said 60-80 feet. Fred said he thought the applicant would have to operate
under CAFO regulations with a disposal lagoon, but Trevor said it would just be under best management
practices.
Fred wanted to make sure the applicant understood that the water may be at$3.25 per 1,000 gallons, instead
of the$.50 per 1,000 gallons that the applicant had stated and if the applicant would be okay if this were the
case. The applicant stated that he would have no problem with even that amount.
Stephen Mokray asked Trevor if the automatic chlorination device was like a double safety imposed by the
USDA and Trevor said yes, it would be a second safety after the potable water was transported from the town.
Discussion ensued concerning the possible ways to keep the water potable and safe, while allowing the
applicants to operate their business. Discussion covered who would inspect the water and the facility itself.
Julie stated possible changes to the Condition of Approval #4 to read "Prior to the Board of County
Commissioner hearing:A. The applicant provide evidence from the town of Nunn, or any other potable water
source assurance that water is available and B. The applicant must enter into a standard drinking water
agreement with the Weld County Department of Public Health and Environment or some other certified
laboratory to test the cistern for potability on a quarterly basis. The results shall be reported to the Weld
County Department of Public Health and Environment." She also wanted to add Development Standard#24
and#25 with subsequent renumbering. Development Standard#24 to read "No wholesale processing shall
occur on site without inspection by an agent of USDA. All custom processing shall comply with rules and
regulations of the Colorado Department of Agriculture". Development Standard #25 All water transferred for
use on the property shall be transported in a vessel that maintains the quality of the water as determined by
the Weld County Department of Public Health and Environment".
Arlan Marrs moved that Case USR-1242, be forwarded to the Board of County Commissioners along with the
changes to the Conditions of Approval and Development Standards including subsequent renumbering with
the Planning Commission's recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, no; Bryant Gimlin,
yes; Bruce Fitzgerald, yes; Cristie Nickles, yes; Fred Walker, yes. Motion carried.
CASE NUMBER: USR-1245
APPLICANT: Ray-Glo Holsteins
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation (Dairy) in the Agricultural Zone District.
LOCATION: East of and adjacent to WCR 57; south of and adjacent to WCR 70.
Sheri Lockman, Department of Planning Services, presented Case USR-1245 and read the Conditions of
Approval and Development Standards into the record. She stated Development Standard #20 has been
deleted from preliminary staff comments as it is a duplicate of#9 and Development Standards have been
renumbered. The planning staff is recommending approval of this application.
Raymond Anderson, applicant, stated that this is a family operated dairy that has been operating since 1933
and they are just looking to expand it to keep up with the changing economy. The farm is run by he and his
son, who are partners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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