HomeMy WebLinkAbout952337.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution with changes to Conditions ofApproval`#4, 7D and 7E,
be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: USR-1092
NAME: Moark Hatcheries, LLC
ADDRESS: Route 6, Box 145, Neosho, MO
REQUEST: A Site Specific Development Plan and Special Review Permit for a commercial egg production
facility in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The E2 of Section 13, T2N, R63W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 73; approximately 1 mile north of Weld County
Road 18.
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.
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. This proposal is consistent with the intent of the A (Agricultural) zone district and is provided
for as a Use by Special Review.
B. This proposal is consistent with the Weld County Comprehensive Plan which promotes the
development of commercial and industrial uses directly dependent upon the agricultural
industry.
No overlay districts affect the site.
D. Special Review Permit Development Standards will provide adequate 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 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. 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.
952437
RESOLUTION, USR-1092
Moark Hatcheries, LLC
Page 2
3. The applicant shall remove, handle, and stockpile manure from the livestock area in 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 surfaces beneath
the manure storage and composting 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.
4. In accordance with C.R.S. 25-1-612 the applicant shall not place any whole dead chickens in any
manure piles which are within one (1) mile of any residence. Dead chickens shall not be buried on
site.
5. Each proposed structure where people will be working, showering, living, etc., shall have an individual
sewage disposal system. Each system shall be installed according to the Weld county Individual
Sewage Disposal Regulations. All septic systems must be designed by a Colorado Registered
Professional Engineer. This is not meant to include septic systems which will only serve employee
homes, unless the system will serve more than one (1) home.
6. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater
discharge permit from he Colorado Department of Health, Water Quality Control Division.
7. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control Regulations (5CCR 1002-19). This shall be demonstrated by submitting a
comprehensive manure run-off and process waste water handling plan to the Weld County
Health Department for review and approval. A copy of the approval shall be submitted to the
Department of Planning Services. This plan shall include, but not limited to the following:
1. Demonstration that the manure and waste water collection, and storage facilities are
adequately constructed and sized to handle a twenty-five year twenty-four hour
storm. These include construction as built, engineered drawings, etc.
2. The schedule in which manure will be removed and applied to land.
3. The method in which waste water and manure will be applied to land, including the
procedure which will be used to insure that agronomic rates are not exceeded.
4. Demonstration that all process waste water and stormwater retention structures are
constructed of a material and maintained so as not to exceed a seepage rate of 1/4
inch per day (1x10-5 cm/sec).
5. Other measures which are in place to insure that the facility is operating as a "No -
discharge" facility.
B. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application shall be
submitted to the Air Pollution Control Division, Colorado Department of Health, for emissions
of criteria, hazardous or odorous air pollutants.
952337
RESOLUTION, USR-1092
Moark Hatcheries, LLC
Page 3
C. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways.
D. A fly control and abatement plan shall be submitted to the Weld County Health Department
for review and approval. The fly control and abatement plan shall include proactive measures
and responses which are ongoing and are designed to control and abate flies at the facility
to the extent that the fly condition is not considered to be a nuisance as determined by the
Weld County Health Officer.
E. An odor abatement plan shall be submitted to the Weld County Health Department for review
and approval. A copy of the abatement plan shall be submitted to the Department of Planning
Services. The odor control and abatement plan shall include proactive measures and
responses which are ongoing and are designed to control and abate odor at the facilities such
that the odor does not meet or exceed the level of 15 to 1 dilution threshold.
F. The applicant shall submit to the Department of Planning Services' an engineers report which
identifies the amount of water that will be required of the operation and demonstrate that
amount of water is available.
G. The applicant shall amend the Special Use Permit plat to show only two accesses to the site
as indicated in a memo from Don Carroll dated August 25, 1995, Weld County Public Works
Department.
H. The applicant shall meet with the Weld County Public Works Department to address the width
and radiuses of the accesses. These measurements shall be shown on the plat.
Any existing septic systems(s) which is not currently permitted through the Weld County
Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required
septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be
brought into compliance .
Motion seconded by Zachary Allely.
VOTE:
For Passage
Ron Sommer
Curt Moore
Ann Garrison
Marie Koolstra
Zachary Allely
Arlan Marrs
Shirley Camenisch
Richard Kimmel
Against Passage
952337
RESOLUTION, USE -1092
Moark Hatcheries, LLC
Page 4
The Chairman declared the resolution passed and ordered that a certified copy for 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 Planning Commission of Weld County,
Colorado, adopted on October 3, 1995.
Dated the 3rd of October, 1995.
OO1.V
Sharyn Fra
Secretary
Q
952337
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Moark Hatcheries, LLC
USR-1092
1. The Site Specific Development Plan and Special Review permit is for a commercial egg production
facility in the A (Agricultural) zone district as submitted in the application materials on file in the
Department of Planning services 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. All construction of the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
4. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
5. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include the on -
site burial of dead chickens.
Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site
10. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
11. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility
area in a manner that will prevent nuisance conditions.
12. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations and Weld County Zoning Ordinance, Section 47.
13. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
14. 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.
952337
DEVELOPMENT STANDARDS, USR-1092
Moark Hatcheries, LLC
Page 2
15. 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
County Planning Commission and the Board of County 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.
16. 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.
952337
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1092
NAME: Moark Hatcheries, LLC
ADDRESS: Route 6, Box 145
Neosho, MO
REQUEST: A Site Specific Development Plan and Special Use Permit for a commercial egg production
facility in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The E2 of Section 13, T2N, R63W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 73 and approximately 1 mile north of Weld County
Road 18.
be continued until October 3, 1995, to adequately allow time for the surrounding property owners notification
and to republish the legal notice.
Arlan Mars seconded the motion.
VOTE:
For Passage Against Passage
Ron Sommer
Curt Moore
Ann Garrison
Marie Koolstra
Jack Epple
Zachary Allely
Arlan Marrs
Richard Kimmel
The Chairman declared the resolution passed and ordered that a certified copy be placed in the file of this
case.
CERTIFICATION OF COPY
I, Jill Boshinski, 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 September 19, 1995.
Dated the 19th of September, 1995.
Ji oshinski
S cretary
952337
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