HomeMy WebLinkAbout981736.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1197 FOR AN AGRICULTURAL SERVICES ESTABLISHMENT (LIVESTOCK
CONFINEMENT OPERATION) FOR UP TO 10,000 HEAD OF CATTLE - HUNT
FEEDYARD, % DAVID HUNT
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 9th day of
September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Hunt Feedyard, % David Hunt, 14460 Weld County Road 40,
Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review Permit
#1197 for an Agricultural Service Establishment (livestock confinement operation) for up to
10,000 head of cattle on the following described real estate, to-wit:
NW'% of Section 33, Township 4 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on September 9, 1998, the Board deemed it advisable to
continue said matter to September 21, 1998, to allow for the sign to be posted for the required
amount of time, and
WHEREAS, at said hearing on September 21, 1998, the applicant was represented by
Thomas Harden, 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 --That the proposal is consistent with the Weld County
Comprehensive Plan.--A.Goal 1 states a commitment to "preserve prime
farmland for agricultural purposes which foster the economic health and
continuance of agriculture." Although the site is listed as Prime Soils by
the USDA Soil Conservation Service, the site has not been used for crop
production for at least 25 years. The addition of one more "alley" to the 25
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year old feedlot will not remove farmland from production. A.Policy 1
states: "Agricultural zoning will be established and maintained to protect
and promote the County's agricultural industry." Livestock confinement
operations are an agricultural industry and are considered a Use by
Special Review in the Agricultural Zone as described in the Weld County
Zoning Ordinance.
b. Section 24.4.2.2 --That the proposal is consistent with the intent of the
district in which the use is located. A.Policy 1 states: "Agricultural zoning
is intended to preserve prime agricultural land and to provide areas for
agricultural activities and uses dependent upon agriculture without the
interference of incompatible residential, commercial, and industrial land
uses." The proposed site is located within the A (Agricultural) Zone
District. Livestock Confinement Operations are allowed as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 --That the uses which would be permitted will be
compatible with the existing surrounding land uses. Livestock
Confinement Operations are permitted as a Use by Special Review in the
A (Agricultural) Zone District. Surrounding uses are agricultural. The site
is not located within the Urban Growth Boundary of Gilcrest. The Town of
Gilcrest reviewed the application and found no conflicts with their
interests.
d. Section 24.4.2.4 --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.
A.Policy 1 states: "Agricultural zoning is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses
dependent upon agriculture without the interference of incompatible
residential, commercial, and industrial land uses." The site is not located
within the Urban Growth Boundary of Gilcrest. The Town of Gilcrest
reviewed the application and found no conflicts with their interests.
e. Section 24.4.2.5 --The site is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 --That if the use is proposed to be located in the
A (Agricultural) Zone District, that the applicant has demonstrated a
diligent effort has been made to conserve prime agricultural land in the
locational decision for the proposed use. A.Goal 1 states a commitment
to "preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." Although the site is
listed as Prime Soils by the USDA Soil Conservation Service, the site has
not been used for crop production for at least 25 years. The addition of
one more "alley" to the 25 year old feedlot will not remove farmland from
production.
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g. Section 24.4.2.7 --That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the NEIGHBORHOOD
and the County. The attached Conditions of Approval and Development
Standards ensure 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 Hunt Feedyard, % David Hunt for a Site Specific
Development Plan and Special Review Permit#1197 for an Agricultural Service Establishment
(livestock confinement operation) for up to 10,000 head of cattle 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.
2. Prior to recording the plat:
A) The facility shall demonstrate compliance with the Confined Animal
Feeding Operations Control (CAFO) Regulations. This shall be
demonstrated by submitting a Comprehensive Manure and Waste Water
Management Plan for a 10,000-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 year, twenty-four
hour storm event. This shall be conducted by a Registered
Professional Engineer.
(2) Demonstration that any existing or proposed waste water retention
structure has, or will be, constructed in accordance with the criteria
described in the CAFO Regulations. This shall be conducted by a
Registered Professional Engineer.
(3) A site map demonstrating the layout of the site. This should
include the location 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.
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(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.
B) The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
C) In accordance with CAFO Regulations, 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.
D) The Weld County Health Department was unable to find septic permits for
the septic systems serving the existing housing units, or either office. Any
existing septic system(s) which is not currently permitted through the Weld
County Health Department will require an ISDS evaluation. In the event
the system(s) is found to be inadequate, the system(s) must be brought
into compliance with the current Individual Sewage Disposal System
Regulations.
1) The two (2) septic systems serving the office must be reviewed by
a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental
Protection Division of the Weld County Health Department. In the
event that the system is inadequate, the system shall be brought
into compliance with current regulations.
E) The applicant should provide a letter that verifies an easement or right to
enter the Union Pacific Railroad's 200-foot right-of-way.
F) Applicant shall designate existing and future parking areas for employees
on the plat.
G) The applicant shall designate existing oil and gas wells owned by Patina
Oil and Gas on the plat.
3. The Colorado Department of Transportation (CDOT) reserves the right to review
development at such time that the County determines that the development would
increase traffic at the connection of State Highway 85 and Weld County Road 40
by more than 20%. If changes at the connection are required, an access permit
must be obtained from CDOT.
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4. 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.
5. The Site Specific Development Plan and Use by Special Review Permit shall be
amended to include the specific details of the proposed expansion of the feedlot,
at the time it is to be built.
6. A detailed landscaping plan identifying the number, size and species of
landscaping/buffering materials, shall be submitted to the Department of Planning
Services for review and approval. The plan shall address the buffering of
Highway 85 right-of-way and the applicant's property line against views from the
Highway and against windblown dust. The plan shall also address maintenance
of the landscaping materials and potential replacement of dying materials. The
approved plan shall be delineated on the plat map.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELL COUNTY, COLORADO
v; fir ; , •
.
' /ILL , ,
Constance L. Harbert, Ch it
_,ela CbUritYIer Board
'C» tiS W. H. ebster, Pro-Tem
BY: G ,0' '
to the Board _s
eorge . Baxter
APP A F M:
Da . Hall
my Attorn y EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HUNT FEEDYARD, C/O DAVID HUNT
USR#1197
1. The Site Specific Development Plan and Special Use Permit#1197 is for expansion of
an existing feedlot to 10,000 head of cattle 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
4. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the Dust Abatement Plan included in the application materials. The
Dust Abatement Plan is included in the document, titled Management Plan for Nuisance
Control, dated June 10, 1998.
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, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
7. 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.
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., as amended.
9. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
10. The facility shall not discharge run-off or other waste waters to surface or groundwater
except as allowed by the Confined Animal Feeding Operations Control Regulations.
11. 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.
12. 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
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DEVELOPMENT STANDARDS - HUNT FEEDYARD, % DAVID HUNT (USR#1197)
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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).
13. The facility shall be operated in a manner that controls odors. The facility shall operate,
at all times, in accordance with the Odor Abatement Plan provided in the application
materials. The Odor Abatement Plan is included in the document, titled Management
Plan for Nuisance Control, dated June 10, 1998. 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. Additional odor
controlling measures 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 judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement.
14. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates 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.
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.
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.
15. 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.
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the Pest Control Plan included in the application materials.
The Pest Control Plan is included in the document, titled Management Plan for Nuisance
Control, dated June 10, 1998. Additional fly control measures 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 or in the event the Weld County Health Department receives a
significant number of fly complaints (associated with facility) and, in the judgement of the
Weld County Health Officer, there exists a fly condition requiring abatement.
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
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18. 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.
19. The facility shall be operated in accordance with the approved manure and waste water
management plan.
20. The facility shall install and make operable, sprinkler systems for dust control, for all pens
on the facility prior to constructing the proposed pens.
21. 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.
22. 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.
23. 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.
24. Hunt Feedyard will continue to provide adequate dust control for residents on the
unpaved portion of Weld County Road 40, east for the first mile.
25. 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.
26. 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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