HomeMy WebLinkAbout971821.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker 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-1152
PLANNER: Shani L. Eastin
APPLICANT: Horton Cattle Companies
ADDRESS: P.O. Box 517
Eaton, CO 80615
REQUEST: A Site Specific Development Plan and a Special Review Permit for an expansion of a;
Livestock Confinement Operation (50,000 head feedlot, 12 accessory dwelling units) in the
A (Agricultural) Zone District.
LEGAL DESCRIPTION: E2 of Section 18 and Part of the NW4 of Section 17, T3N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 34; West of and adjacent to Weld County Road
51.
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 amended, as follows:
A. Section 24.3.1.1— This proposal is consistent with the Weld County Comprehensive Plan, as
amended. This proposal is for and an expansion of an existing feedlot, SUP -112, which
allowed for 22,000 head of cattle. This request is to expand the existing facility in acreage
to 335 acres and in number of animal units to 50,000 head. The request is consistent with
A.Goal 1 which states to preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture.
B. Section 24.3.1.2 — This proposal is consistent with the intent of the A (Agricultural) zone
district. The property is zoned A (Agricultural) and the proposed uses are provided for by
approval of a Use by Special Review permit. This proposal is consistent with the Agricultural
Goals and Policies to support, preserve and promote the county's agricultural industry as
stated in A.Policy 1.
C. Section 24.3.1.3 —The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended and will be compatible with future development of the surrounding
area. The surrounding properties are zoned A (Agricultural). The Conditions of Approval and
Development Standards ensure that the proposed uses will remain compatible with the
existing surrounding land uses.
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RESOLUTION, USR-1152
Horton Cattle Companies
Page 2
D. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. As stated above, this site is located in the Agricultural Zone District and the
proposed uses are agricultural related. This site does not lie within the referral boundary or
Urban Growth Boundary of any incorporated municipality. The site currently is existing with
a 22,000 head feedlot operation. The surrounding area is agricultural in nature with farming
to the east, a turkey farm to the south, residential units to the west and vacant farmground to
the north.
E. Section 24.3.1.5 -- A portion of this proposal is located within the Flood Hazard Overlay
District Areas identified by maps officially adopted by Weld County.
F. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The soils on the site are considered to be prime if irrigated. The site is
already being utilized as a feedlot, and is considered a use common to the county's
agricultural industry.
G. Section 24.3.1.7 —The Design Standards (Section 24.5 of the Weld County Zoning Ordinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as
amended), Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of health, safety, and welfare of the inhabitants 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.
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulation. This shall be demonstrated by submitting a comprehensive
manure and waste water handling plan for a 50,000 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.
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RESOLUTION, USR-1152
Horton Cattle Companies
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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 (1x104 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.
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. Demonstration that no process wastewater retention structures are located within a
mapped 100 year flood plain unless property flood proofing structures are provided.
If flood proofing structures are provided they shall be reviewed and approved by a
Colorado Registered Professional Engineer.
8. 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.
C. A fly control plan shall be submitted to the Weld County Health Department for review and
approval.
D. An odor abatement plan shall be submitted to the Weld County Health Department for review
and approval.
E. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance pertaining to Livestock Feeding Performance Standards.
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.
G. The septic system serving the eastern most home on the property has a failing septic system.
The system shall be repaired in accordance with the Weld County Individual Sewage Disposal
Regulations.
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RESOLUTION, USR-1152
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H. The Weld County Health Department was unable to locate septic permits for any of the five
(5) existing septic systems currently located on the property. Any existing septic system(s)
which is not currently permitted through the Weld County Health Department must be
permitted. Each unpermitted septic system will required 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 with current I.S.D.S. regulations.
1. The two (2) septic systems serving the office and the veterinarians shop must be
reviewed by a Colorado Registered Professional Engineer. The review shall consists
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 the system is found to be inadequately sized or constructed the system shall
be brought into compliance with current regulations.
The applicant shall amend the plat to show a right-of-way dedication of 30 feet from the east
side of Weld County Road 51.
J. The applicant shall demonstrate to the Weld County Public Works Department that the storm
water retention ponds that parallel Weld County Road 51 on the west, do not fall within the
County's 30 foot right-of-way from the section line.
K. The applicant shall submit for review and approval to the Weld County Public Works
Department an access/traffic circulation plan. The applicant shall use all recommendations
of the Weld County Public Works Department as stated in a referral dated June 5, 1997.
L. The applicant shall submit to the Public Works Department a Road Improvements Agreement
to pave Weld County Road 34 and Weld County Road 51. This agreement shall be reviewed
and approved by the Board of County Commissioners. Feedlot truck traffic is not allowed on
Weld County Road 32.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
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RESOLUTION, USR-1152
Horton Cattle Companies
Page 5
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, Tammie Pope, 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 June 17, 1997.
Dated the 17th of June, 1997.
Tammie Pope
Secretary
971821
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Horton Cattle Companies, USR-1152
1. The Site Specific Development Plan and Special Use Permit is for an expansion of a Livestock
Confinement Operation (50,000 head feedlot, 12 accessory dwelling units) 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. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance, at all times,
with the approved dust abatement plan.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
5. 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.
6, 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.
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.
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health & Environment.
9. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
10. 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.
11. Waste materials, not specifically addressed by other development standards, shall be handled, stored,
and disposed in a manner that controls fugitive dust, bowing 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 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).
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DEVELOPMENT STANDARDS, USR-1152
Horton Cattle Companies
Page 2
13. The facility shall be operated in a manner which controls odor. Odor detected off site shall not equal
or exceed the level of fifteen -to -one dilution thresholds, 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 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 facilitates 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 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 also be implemented in the event the Weld County Health Department receives a significant
number of fly (associated with the facility) complaints, 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. Any future commercial type structure shall be
served by a septic system. The system shall be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
18. There shall be no burning conducted at the site, with exception to burning defined as "agricultural open
burning" as defined by Regulations No. 1 of the Colorado Air Quality Control Commission Regulations.
19. All construction or improvements occurring in the flood plain shall comply with the Flood Hazard
Overlay District requirements of Section 26 of the Weld County Zoning Ordinance.
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
Section 24.6 and 47 of the Weld County Zoning Ordinance, as amended.
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DEVELOPMENT STANDARDS, USR-1152
Horton Cattle Companies
Page 3
22. 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.
23. 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 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.
24. 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.
25. Feedlot truck traffic is not allowed on Weld County Road 32.
971.821
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