HomeMy WebLinkAbout971439.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1152 FOR EXPANSION OF A LIVESTOCK CONFINEMENT OPERATION (50,000
HEAD FEEDLOT AND 12 ACCESSORY DWELLING UNITS) IN THE A
(AGRICULTURAL) ZONE DISTRICT - HORTON CATTLE COMPANIES
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 23rd day
of July, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Horton Cattle Companies, P.O. Box 517, Eaton, Colorado 80615, for a Site
Specific Development Plan and Special Review Permit #1152 for an expansion of a livestock
confinement operation (50,000 head feedlot and 12 accessory dwelling units) in the A
(Agricultural) Zone District, on the following described real estate, to -wit:
E% of Section 18 and part of NW% of Section 17,
Township 3 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Joe Hoff at said hearing, 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:
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A. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan, as amended. This proposal is for 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 is to preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture.
B. Section 24.4.2.2 -- 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 24.4.2.3 -- The proposal is consistent with Section 24.4.2.3 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.
D. Section 24.4.24 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural) Zone
District 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 agriculture 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
farmgrour..d to the north.
Section 24.4.25-- A portion of this proposal is located within the Flood Hazard
Overlay District Areas identified by maps officially adopted by Weld County.
F. Section 24.4.2.6 -- 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.
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Section 24.4.27 --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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of for a Site Specific Development Plan and Special
Review Permit #1152 for 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 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.
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
(1x105 cm/sec). This shall be conducted by a Registered
Professional Engineer.
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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 and water available to implement dust control as required by
the Weld County Health Department.
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.
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F. 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.
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.
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 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
with current I.S.D.S. regulations.
1) The two (2) septic systems serving the office and the veterinarian
shop must be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system
and a technical review describing the system's 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.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of July, A.D., 1997.
ATTEST:
Weld Coun
BY
Deputy C
APPR. . c' AS TO F.RM:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4/CA
Baxter, Chair
stance L. Har
Dale K. Hall
rz
- A
Barbara J. Kirkmey
)CA
We W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HORTON CATTLE COMPANIES
USR #1152
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 and 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, blowing debris,
and other potential nuisance conditions.
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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).
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 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 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, whicf• demonstrate 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 ensure 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.
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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 the exception of burning defined as
"agricultural open burning" in Regulation 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.
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. Feedlot truck traffic is not allowed on Weld County Road 32.
24. 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.
25. 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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