HomeMy WebLinkAbout971822.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Horton Cattle Companies Case Number: USR-1152
Submitted or Prepared Prior
to Hearing At Hearing
1. DPS Recommendation X
2. Legals X
3. Application X
4. Referral from Southeast Weld Coil Conservation District X
5. Referral from Platte Valley School District RE -7 X
6. Referral from Weld County Extension Office X
7. Referral from Weld County Public Works Department X
8. Referral from Weld County Health Department X
9. Planning Technician Maps X
10. Surrounding Property Owner Notification X
11. Resolution for Pre -advertising X
12. Letter from Eric Angus X
13. Letter from James Welch X
14. Letter from Howard Franklin X
15. Presentation material - Tom Harren X
I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on June 25, 1991.
STATE OF COLORADO )
COUNTY OF WELD )
Shani L. Eastin, urrent Planner
SUBSCRIBED AND SWORN TO BEFORE ME THIS L7-kay o
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1152
APPLICANT:Horton Cattle Companies
ADDRESS:
REQUEST:
P.O. Box 517
Eaton, CO 80615
HEARING DATE: June 17, 1997
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
SIZE OF PARCEL: 335 acres
PARCEL NUMBER: 1215-17-000022 and 023: 1215-18-000007 and 008
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services's 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 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
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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.
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.
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.
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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 Department of Planning Services's staff 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.
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 (1x10 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.
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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. 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.
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.
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
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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.
I. 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.
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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.
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.
Any required NPDES Permit shall be maintained in compliance with the Water
Quality Control Division of the Colorado Department of Public Health &
Environment.
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.
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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).
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
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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.
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.
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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.
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