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HomeMy WebLinkAbout972514.tiffJames E. Younger 8575 Weld County Road 21 Ft. Lupton, CO 80621 daytime phone: (303) 654-0737 night phone: (303) 857-6472 August 15, 1997 George E. Baxter, Chair Board of County Commissioners, Weld County P.O. Box 758 Greeley, CO 80632 Dear Mr. Baxter, In regards to our application for a Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 - head poultry (duck) operation with associated structures in the A (Agricultural) Zone District, we respectfully request that this issue be delayed for a short period of time while we try to negotiate an arrangement that would be equitable for both our neighbors and ourselves. If this is not possible, would you please inform me either by phone or by letter. Thank you. Sincerely, C James E. Younger JY Enclosure cc: Todd Hodges, Weld County Planner 972514 Oft"! 1111k COLORADO MEMORANDUM TO: Board of County Commissioners FROM: Carol Harding SUBJECT: Request for extension August 28, 1997 James Younger submitted an application for a Site Specific Development Plan and Special Review Permit for a livestock confinement operation consisting of a 4,000 -head poultry (ducks) operation with associated structures in the A (Agricultural) Zone District. It was unfavorably recommended by the Planning Commission to the Board of County Commissioners. Following normal procedure, my office sent him a letter, giving him 30 days to request a hearing before the Board of Commissioners. The attached letter was received (on August 18) from Mr. Younger requesting a delay of 90 to 120 days before he is required to answer whether he would like to have a Board hearing. In talking to him and Todd Hodges, Mr. Younger is building a barn (which is a use by right) in order to make the neighbors more agreeable to his application. Todd stated he has no problem with it, so long as Mr. Younger reduces the number of animal units to 400 (which is the correct number for his size of parcel). Todd said Mr. Younger has been reducing the number and he was down to 600 on August 25, which is the last time Todd talked to him. Is it the desire of the Board to allow him to wait until December to determine whether he wants to proceed? George B. Connie H. Dale H. Barb K. Bill W. Allow Wait Don't Allow Wait Work Session V Sep -08-97 07:57A Waynes Electric Inc 303 654 0877 P.02 11111111e COLORADO August 6, 1997 _ James Younger 8575 Weld County Road 21 Ft. Lupton, CO 80621 Dear Mr. Younger: BOARD OF COUNTY COMMISSIONERS PHONE 5970) 356-4000, EXT.4200 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 Your application for a Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 -head poultry (ducks) operation with associated structures in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NE 14 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible; we must receive your reply by September 8, 1997. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTYOLORADI��O eywf �����i� �"ss"��7tI-- George E. Baxter, Chair GEB/eg Corn � tf ' ssioners to wider the above mentioned application. , do hereby request the Board of County 9725 1 A If Docket no. 97-53 Board of County Commissioners Weld County, Colorado Dear commissioners, 8519 Weld County Road No. 21 Fort Lupton, Colorado, 30621 October 22, 1997 In May 1997, the neighbors of Jim younger received a letter from Todd Hodges letting us know that there would be a hearing on July 15, 1997 regarding a request from Jim Younger to develope a production facility on his two acres of property. His request was to convert his son's Boy Scout project of fifty ducks to 4,000 plus a processing plant and three more greenhouses. Most of the neighbors who could get off work, attended this Planning Board meeting with Bruce Fitzgerald as their representative. The Planning Board defeated his proposal by a vote of 7 to 2. We had high hopes that that would be the end of it. The opinions and protests against his plan by the neighbors were very legitimate and well worth consideration. It appears that Jim Younger did not get the message or he is a slow learner. He has, since his defeat, gone ahead and hired contraction, bought materials and began construction of his facility, claiming that it was to be used for his present limit of 400 ducks. I have had difficulty in believing this excuse from Jim. He is a rebel who will do as he dam well pleased, without any approval or consideration of others. I WISH TO BRING TO YOUR ATTENTION THAT JIM YOUNGER HAS MADE MOST OF HIS INVESTMENTS SINCE HIS DEFEAT ON JULY 15TH. Don't let him tell you that he needs to go on because of his investments as he should have waited until an approval by the County and his neighbors before he invested he anything more. On September 2, 1997, Jim Younger sent the neighbors a letter informing them that he had a lot invested into this plan and would like them to consider allowing him to increase the maximum number of ducks to 1,000. HE WOULD HONOR THE DECISION OF THE MAJORITY OF HIS NEIGHBORS. At the time,I assumed that he was going to work through his neighbors on a little at a time basis until he obtained his original plan of 4,000. Also he was going to delay any such action with Weld County Commissioners until he met with us. I was wrong in believing him at all. This past two weeks, a sign has been posted in his yard for a hearing in November. I personally regret that I will be out of the Country at the time and must put my trust in Bruce Fitzgerald, my wife Marian and my neighbors to defeat this proposal. If you personally lived here and had to smell the duck crap when it is wet and the wind is blowing in the right direction, you would be 100% against it also, It is real had and discusting as it gets into our homes. On October 17, 1997, we (the neighbors) received the official notice of a hearing with the original plan for 4,000 ducks and a processing facility and I suppose three greenhouses. The greenhouse with electric he presently has, without a permit, is bad enough as the fans are noisy and disturb us especially at night. I looks like we are back to square one and must repeat our fight idifG- ✓ahn56n 972 514 against this operation all over again. It is a darn shame that Jim can not accept the needs of his neighbors and drop his idea of turning his property into an INDUSTRIAL COMPLEX. Our hopes of a clean and safe environment seem to have been entirely ignored by Jim Younger. I wish to inform Mr. Younger that he is wasting his time, our time and the County's time by his plans. His program is a menace to society, a damaging endeaver to the environment and a disease hazard to us and the turkey farms who abide by the health standards and do their best to protect their huge investments. I am convinced by Jim Younger's present habits, that he will not abide by any rules to maintain a safe, clean and quiet business. He is and has been careless in his present endeavers. He is sloppy and his property looks like a junk yard, in my opinion,this is a poor way to bring up a teenager through his attitude and example. As mentioned before, at the Planning Board Meeting, if he had plans for this duck raising and slaughter, he should have bought property away from other residences and own a larger acreage. A large buffer zone is a requirement the avoid the spread of disease and odors. Also his cleanliness and attitude has very much to be desired. I am in hopes that this letter will be of some help to my good neighbors to defeat this idiotic plan. Sincerely Charles M. Baum (the neighbor directly South of JimYounger) 97"" 4 8519 W.C.Rd. #21 Fort Lupton, Co. 80621 Oct. 22, 1997 Board Of Commissioners Weld County, Centenial Center 915 10th Street Third Floor Greeley, Co. 80631 Dear Commissioners, This letter is in response to Docket no. 97-53 to Mr. Jim Younger's request to build a duck production facility to accomodate 4,000 ducks on his two acres of land. I live on the south side of the Younger's and absolutely do not want to live next to this kind of operation. Already his present 400 plus ducks are too noisy and they smell terrible. This summer we had to turn our cooler off because it was drawing the smell all through our house, also we couldn't sit out doors because of the smell and noise. As of this date, I have never seen him remove or clean up any of the duck manure from his property. He doesn't keep his yard clean of feathers and at times our yard looks like a snow storm has fallen because of all the feathers from his ducks. We take pride in our property and try to keep it looking nice, but can't because of all these feathers. We should not have to be cleaning up our neighbors trash that he leavews laying around to blow. He leaves things right where he drops them, even a gas can with gas in it where he filled up a lawn mower. It sat there several weeks before it was moved. This is not safe. His messy property is deprecating the value of our home and our property. We, as neighbors need to protect our investment. We can control our own property through care and landscaping. But if one next to you creates a messy appearing area, what can one do to stop it. You can't talk to this man. Answer: have it controlled by county ordinances. The Youngers are the last people to move into this neighborhood . When he was looking for property he should have looked at all our properties, if he had, he would have known right away this was not the place for his operation. It is my opinion the Youngers have no respect for other people or their neighbors. He cares for only one person, himself. At the planning board meeting, I attended, I heard Mr. Younger say he was going to have automatic feeders for the ducks. He has done none of this to prove he really means what he says. He is still feeding the ducks by dumping their feed on the ground in their own manure. 1 have been a witness to this several times. I wouldn't eat any of his ducks if my life depended on it. Also, I do not want his operation next door to me because of safety and health purposes. He has all ready had one fire and I am afraid if he has another one the whole neighborhood would be burned down, especially if we have the high winds we experience here. After the planning board meeting he had cement poured on the west end of his property and side wall metal framing and only two end metal rafters. This condition has eeoco, PCB tilt) hnS67i remained for several weeks. Then on Oct. 18th there was a sudden rush to complete as much as possible before the new hearing. In one day he put the rest of the rafters up. If he could put them all up in one day, why didn't he do it before? I know what he is doing. He wants to make a big impression on the commissioners. Also, I do not want to see any more of his plastic green houses go up. The one he has now makes too much noise and again we can't sleep with our bedroom windows open at night because the fan noise keeps us awake. I have to keep our living room drapes closed because the sun shines on that plastic and reflects into our windows and it blinds us. I also wish to mention that he plans to electrify his facility as new fans are on site. Where is his permit for this?. How does he get away with doing all this stuff without permits. Every time we have done anything at our place we have always been told we need permits or we would be in trouble. He does what ever he darn well pleases and gets away with it. This isn't fair and I for one want to see this operation defeated.. Sincerely, Marian Baum 9'72 1,4 155 EAST BRIDGE STREET Lambert Realty 658-1216 "y ! n co T Brph4TON:COLORADO 80601 TO WHOM IT MAY CONCERN: RE: James Younger 8575 WC RD 21 Fort Lupton, Co. 80621 At the request of James area of his above referenced me that he is applying for a him to raise additional duck lnr:7 E91.1 - 9: P CLERK TO THE Er_' October 23, 1997 Younger, I have driven around the property. He has indicated to "Use by Special Review" to allow on his property. It is my opinion based on the drive by and my experience as a Real Estate Broker in the Area since 1974, that the additional duck would not be a detriment to the surrounding properties as this use is compatable to the Area. There are small to large acreages surrounding this property. There is a Stud Farm across the road, Turkey Farm on 3 sides and Pasture on another side containing a large number of Horses. Mr. Younger's property is one of the nicer properties in the area and is kept neat and clean. Exheb,- I Respectfully Submitted, Barbara J. roolman, Broker ec' FlL Bocc, rc4 FROM : Met_er Farms PHONE NO. : 4086792711 Oct. 29 1997 10: .38(4.1 P01 T&J LLC Jim Younger Fax 303-654-0877 Dear Jim; iJ ( 1 '11 A 1,97 I, CLERK TO THE E.'2,',H October 29, 1997 I am sorry but I cannot find the letter I wrote for you, Please fax it and I will clarify the last paragraph. Following are the recommended references on poultry diseases. The only one I have is the Iowa State publication which has tremendous detail. AAAP stands for American Association of Avian Pathologists and their address is New Bolton Center, Kennett Square, PA 19348-1692. Sorry for the delay in response - I really fell behind because of some volunteer activities I had committed to doing. I question the last paragraph of the first page. How did the disease spread among all but four of their farms? Surely not by air - the vast majority of time it is from direct contact such as crews or management travelling from ranch to ranch. This means their own biosecurity failed them. In his letter he seems to blame all of turkey's disease problems on chickens and ducks. But most turkeys catch a disease from fellow turkeys in their flock - not chickens and ducks outside their flock. So maybe the safest way to control disease is to have smaller, not larger, flocks of turkeys. Good luck and please fax me a copy of my letter. Thanks, 26000 Old Stage Road • Gonzales, California 93926 U.S.A • Telephone (408) 679-2355 • FAX (408) 679-2711 Jim Younger 8575 weld County Road 21 Ft. Lupton, CO 80621 WELD COL ,Ty September 2, 1997 Bruce Fitzgerald, Jim Thompson, Calvin Hall, Richard McCarthy, Charles Baum, Strear Farms Weld County Road 21 Ft. Lupton, CO 80621 Dear Neighbor, f $7 j'T? -7 r,. 7: Joe Krueger, C ERr, TO THE I'm sure that all of you are aware that we are in the process of putting up a containment facility for our ducks. Construction should be close to done by the middle of October. We have lived in the neighborhood since 1986 and to the best of my knowledge, I have never been unreasonable when one of you asked something of me. While I have no desire to cause anyone any problems financially or otherwise, you all know that we also have a lot of time and money invested in this business. In the spirit of working together to keep all parties happy I am proposing the following. 1. Once the building is complete, we will move our existing flock in. I have asked the commissioners to put off the commission hearing until we all have had a chance to evaluate the situation with the new building in place. 2. If there are no major problems with the operation and the commissioners grant us the USR we would then bring building #1 to capacity. (Somewhere between 800 to 1,000 birds.) 3. We would not expand the poultry operation further until a reason- able period had passed so we could again evaluate the situation and the operation was checked by planning and health for compliance with our USR. We would also inform you of our intentions. If the majority of the neighbors feel there are problems, we will address those problems before we proceed. If you have any questions or opinions on this proposal, please let myself or Todd Hodges, the County Planner, know. cc: Todd Hodges Sincerely, J Younger nb 972514 June 12, 1997 Jim Younger WELD COJ;'TY 8575 Weld County Road '7 Ft. Lupton, CO 80621 °7 MI! -7 „ n 9: 06 CLERK TO O THE P Bruce Fitzgerald, Jim Thompson, Calvin Hall, Joe Krueger, Richard McCarthy, Charles Baum, Strear Farms Weld County Road 21 Ft. Lupton, CO 80621 Dear Neighbor, By now you should have received a notice from weld County regarding our application for a use by special review permit for our property. Specifically, we are asking to be allowed to house up to 4,000 poultry units on our property. The key word here is house. We have no intention of having 4,000 animals wondering around our property. Enclosed is a reduced site specific plan. As you can see, it shows 2 new poultry containment buildings to house the birds. It also shows limited access yards. The yards are specifically for loading/unloading operations, or if we need the birds out of an area for maintenance or repair. This is intended as a confined bird operation. This will alleviate any nuisance feather or noise problems. As for bad odors, the buildings are to be equipped with automatic waste removal systems. Our plan is to compost the waste in coveia concrete bins. If we find out that the campositing is not effective, arrangements have been made to haul to a different facility. In either case, raw manure will not be stockpiled here. I hope this letter will alleviate any fears you have in what we intend to do. If you do have any questions, or would like any more information, please stop by and see me or call me at 857-6472. Sincerely, /, Jim oCY anger JY Enclosure cc: Todd Hodges, Weld County Planner 1'::E D CC'' '`( Y Jim Younger 8575 Weld Countynj2Qry1_2J1 , 9: 06 Ft. Lupton, CO 8`O621 CLERK _ TH E THE 9 October 30, 1997 Bruce Fitzgerald, Jim Thompson, Calvin Hall, Joe Krueger, Richard McCarthy, Charles Baum, Strear Farms Weld County Road 21 Ft. Lupton, CO 80621 To Our Neighbors, As you can see from the sign in our front yard, we are proceeding with our USR permit. My request to the County Commissioners to extend us some time to evaluate the operation with one building in place was denied, so it left me with no choice but to proceed. We are however still in favor of taking a small step at a time approach to this project in order to protect your interests. With this thought in mind, we are having an informal meeting at our house on November 5, at 7:00 p.m. If you would care to discuss this matter, feel welcome to attend. Sincerely, Jim Younger 972514 .-- n? 7/ r, -7 Jim Younger 8575 Weld Co. Rd. 21 Ft. Lupton, CO 80621 November 7, 1997 CLERK TO TH:E Todd Hodges Weld County Planner 1400 N. 17th Ave. Greeley, CO 80631 Dear Mr Hodges, We are requesting that the following wording be added to our permit to clarify the number of ducks we are asking for. On the first page of the Special Review Permit Administrative Review, the following paragraph should be added to the request. "The number of adult ducks on site at any time shall not exceed 2400. The number of adults and ducklings combined shall not exceed 3000 on a SO% each basis. The number of ducklings less than 50% adult weight shall not exceed 4000." Sincerely, James E. Younger cc: Trevor Jerecik, Health Dept. Secretary to the Board 97)1,-* 06 WELD cn! ;Tv August 27, 1997 Mr. Jim Younger T&J LLC 8575 Weld County Road 21 Ft. Lupton, CO 80621 7 rr2J CLERK To THE Dear Mr. Younger: This is letter is to outline the health status of our duck breeders. As we export ducklings and/or hatching eggs on a weekly basis, we are inspected every three weeks by a veterinarian. We have never had a problem and have met the health needs of Canada, Mexico, Brazil, Philippines, Greece, Colombia and other countries within the past several years. We have an annual blood test for pullorum so we can be an active member of the National Poultry Improvement Plan. Our approval number is 93-248. This allows us to ship throughout the United States. All our duck breeders are housed inside though it is a very common practice throughout the world to have the ducks housed outside or in buildings with outside runs. Many of the large, integrated duck farms in the USA allow their breeders and commerical meat ducklings to have outside runs. Waterfowl are very disease resistant and rarely develop health problems if managed correctly. Please do not hesitate in contacting me if you have any further questions. Sincerely, 972,51 .4 26000 Old Stage Road • Gonzales, California 93926 U.S.A. • Telephone (408) 679-2355 • FAX (408) 679-2711 06 FRUP1 L'i Dc FSIS DENVER TO BOULDER MPIO P.O2 a N RESTRICTIONS 4 • A 0 r M M a4 M3 d M Y N N -ia CO M4 a MN 4, a N• C [4 r 0 v 0 0 o Y •14.4 MCC x N 0C VN wa o N O ar .,0 MO rw O 4,1 as 8 6 400 G no • O24J 2)004 9 V M o d a SC yy N O II *OS Oa i rEwOo ON v'Y44 Pt 2 $ a .t f r H N M • • A A 2 a 4 a #. a a a a a • N t !s a a r N H M tit Y - r p g2 MF Om • p • G. b O r M '3 eyF� 4 S • M • V r !Yi b V R a Pa a a • a 2 C 2 N a a b r a a a a C a a 0 r Y 2 2 4 x m a a M 0 x .^ „ N a „ V 4 x 0 Y z is a a a N T 4 a C a 2 x TY' _M4yV Yfao C .4 $1MX Y Vpa Yq 4) CoY 4 H pNp ee... Cp'4NpsVc Ky i■FA 2 Y 1 O N 4 4 a i 4 a z r 0 b a ` 4 a 4 p a N Cpp 1.6 Y r a 7 M V a,. e � H1v au"6a MMV Y , w Y u • a w p w m ys-.. C P IM maw "'7G 9 / &it— :YEN/ 4 -7 c0 LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number USR-1158 Hearing Date: July 15, 1997 Applicant James Younger Address: 8575 WCR 21 Ft. Lupton, CO 80621 Request A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 head poultry (ducks) operation with associated structures in the A (Agricultural) Zone District. Legal Description: Pt. Of the NE/4 22-02-67 of the 6th P.M., Weld County, Colorado. Location: West of & adjacent to WCR 21, approximately '/ mile south of WCR 20. Size of Parcel: 2 +/- acres. 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. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Health Department 2. Weld County Public Works 3. Colorado Department of Public Health and Environment 4. Platte Valley Soil Conservation Service 5. Fort Lupton Fire Protection District 6. Corp of Engineers 7. City of Fort Lupton The Department of Planning Services' staff has not received responses from the following agencies: 1. Town of Firestone The Department of Planning Services' staff has received eight letters in opposition and one letter in favor of this request. 372 xtit SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Todd Hodges CASE NUMBER: USR-1158 HEARING DATE: July 15, 1997 APPLICANT: James Younger ADDRESS: 8575 WCR 21 Ft. Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 head poultry (ducks) operation with associated structures in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Pt. Of the NE/4 22-02-67 of the 6th P.M., Weld County, Colorado. LOCATION: West of & adjacent to WCR 21, approximately Yz mile south of WCR 20. SIZE OF PARCEL: 2 +/- acres. PARCEL NUMBER: 1313 22 000009 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance, as amended. 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 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 a maximum of 4000 poultry and processing on the site, all of which are agricultural uses and consistent with the Weld County Comprehensive Plan, as amended by ensuring the preservation of the agricultural district for agricultural uses which will foster the economic health and continuance of agriculture in Weld County. b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural) Zone District. The Agricultural Zone District is intended to provide areas for the conduct of agricultural activities without the interference of other, incompatible land uses. In order to minimize incompatibilities that occur between agricultural and urban -type land uses, urban growth boundary areas were created to provide an area, located in proximity to an incorporated municipality, where residential, commercial and industrial development will be 977")''4 USR-1158 Younger Page 2 encouraged to locate. The site of this proposal is zoned A (Agricultural) as is the surrounding properties. This proposal is consistent with A.Policy 1 of the Weld County Comprehensive Plan, as amended by locating in the Agricultural zone district which was established to protect and promote the County's agricultural industry. c. Section 24.3.1.3 -- The uses which would be permitted is compatible with the existing agricultural activities and land uses surrounding the site. The surrounding properties are zoned agricultural and have the following existing land uses: residential/agricultural to the north, existing turkey facilities to the north west, west and southeast, residential/agricultural to the south, and agricultural/residential to the east. This proposal is consistent with A. Policy 4.1.8 of the Weld County Comprehensive Plan; as amended by clustering the uses on the site to minimize the impacts to the remainder of the site as well as the surrounding properties. Conditions of approval and development standards ensure that the proposed uses will remain compatible with the existing surrounding land uses. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the existing zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The site is located within the referral boundary area of the Town of Firestone and the Town of Ft. Lupton. Ft. Lupton reviewed this request and indicated they have no major concerns. It is staffs opinion that the concerns mentioned will be covered by the conditions of approval and development standards. To date, staff has not recieved a referral response from the Town of Firestone. e. Section 24.3.1.5 -- This site is not located within any overlay district. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE DEPARTMENT OF PLANNING SERVICE'S RECOMMENDATION 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 30 days of approval by the planning commission. (Department of Planning Services) 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. (Department of Planning Services) 3. In the event any waste water generated from the poultry operation will be disposed in any existing septic system, that system shall be reviewed by a Registered Professional Engineer. The review shall consist of visible observation of the system and an evaluation of the 3'72 x:�.!ar USR-1158 Younger Page 3 system's ability to handle any additional proposed hydraulic loads. If the system is not adequate it shall be enlarged in accordance with the Weld County I.S.D.S. Regulations. (Weld County Health Department) 3. Prior to recording the plat: A. The aplicant shall submit a comprehensive manure and waste water handling plan to the Weld County Health Department for review and approval. This plan shall describe how all manure and waste water generated at the site will be treated, disposed, or recycled in accordance with the Confined Animal Feeding Operations Control Regulations. (5 CCR 1002-19). (Weld County Health Department) B. A fly abatement plan shall be submitted to the Weld County Health Department for review and approval. (Weld County Health Department) C. An odor abatement plan shall be submitted to the Weld County Health Department for review and approval. (Weld County Health Department) D. A soil erosion control plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) E. An access and parking plan shall be submitted to the Department of Planning Services for review and approval by the Public Works Department. The plat shall be amended to reflect the approved access and parking plan. (Department of Planning Services/Public Works Department) F. A screening/buffer plan shall be submitted to the Department of Planning Services for review and approval. The plat shall be amended to reflect the approved screening plan. (Department of Planning Services) 97?.. T14 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Younger USR-1158 A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 head poultry (ducks) operation with associated structures 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. (Department of Planning Services) Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Department of Planning Services) The applicant shall remove, handle, and stockpile manure 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 surfaces beneath the manure storage and composting 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. (Weld County Health Department) 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health Department) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include the on -site burial of dead ducks or eggs. (Weld County Health Department) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance cconditions. (Weld County Health Department) 7. In accordance with C.R.S. 25-1-612 the applicant shall not place any dead ducks in any manure piles or within one (1) mile of any residence. Dead ducks shall not be placed in manure piles to be relocated within one (1) mile of a residence in the future. Dead ducks shall be either incinerated or disposed of off -site, as approved by the Weld County Health Department. (Weld County Health Department) 8. Fugitive dust shall be controlled on this site. (Weld County Health Department) 9. 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. (Weld County Health Department) 10. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado USR-1158 Younger Page 5 Department of Health for any proposed discharge into State Waterways. (Weld County Health Department) II. The facility shall maintain compliance with the Confined Animal Feeding Operations ControlRegulations and Section 47 of the Weld County Zoning Ordinance. (Weld County Health Department/Department of Planning Services) 12. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health Department) 13. 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 facility) complaints and in the judgement of the Health Officer, there exists a fly condition requiring abatement. (Weld County 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. 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 to the Weld County Health Officer there exists an odor condition requiring abatement. (Weld County Health Department) 15. The facility shall operate in accordance with its approved manure and waste water managment plan. (Weld County Health Department) 16. All activities on -site shall comply, at all times, with the requirements of the U.S.D.A. 17. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld County Zoning Ordinance. (Department of Planning Services) 18. 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 theactivities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. (Weld County Health Department/Department of Planning Services) USR-1158 Younger Page 6 19. 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. (Department of Planning Services) 20. 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. (Department of Planning Services/Weld County Health Department) otiore ! 4 r -- 1 r-, C G ., . }�� rYn 72E:1 ..C 372: ? n eau Weld Comity Commissioners Greeley, Colorado We the undersigned have agreed to have Bruce Fitzgerald, a neighbor, be our spokesman in the matter before you on November 12, 1997, concerning Case number USR-1158. a site specific development plan and a special review permit for a livestock confinement operation consisting of a 4000 duck operation with associated structures in the a (agricultural) zone district. NAME ADDRESS SIGNATURE R -S/7 wee cV ?si 9 bock z �)7\ (�Ss'.31D-'i g1 -1 1 i?rntrc'5 to on�rc o.-7 4 ,5•122.) o red c_, L I is 3 Lice:)) , rnh O ag/ ICAj 972r-4 Neighborhood Families YEARS HERE CHILDREN ANIMALS Bps 27 FITZGERALD 15 HALL 15 McCARTHY 14 KRUEGER 22 THOMPSON 13 3 3 5 6 4 PIGS/DUCKS CATTLE/TURKEYS HORSES/DUCKS 6 CHICKENS HORSES/PIGS/DUCKS CHICKENS CHICKENS DUCKS/GEESE DONKEY/HORSE CHICKENS 572514 PRESENT PROPERTY VALUE BAUM $210,000 FITZGERALD 160,000 HALL • 180,000 McCARTHY 150,000 KRUEGER 165,000 THOMPSON 180,000 TOTAL $1,045,000 972141 CURRENT DISTANCES TO DUCK PENS 1. BAUM'S HOME IS 42 FEET AWAY 2. FITZGERALD'S HOME IS 126 FEET AWAY 97'1. bti_" PL1230 EXHIBITS J,K, AND L ARE SLIDES PLEASE SEE ORIGNIAL FILE Hello