HomeMy WebLinkAbout952278.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1092
FOR A COMMERCIAL EGG PRODUCTION FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - MOARK HATCHERIES, LLC
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 27th day of
September, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Moark Hatcheries, LLC, 9583 Weld County Road 73, Roggen, Colorado 80652,
for a Site Specific Development Plan and Special Review Permit #1092 for a commercial egg
production facility in the A (Agricultural) Zone District on the following described real estate, to -wit:
E'/% of Section 13, Township 2 North, Range 63 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on September 27, 1995, the Board deemed it advisable to
continue said matter to October 4, 1995, at 10:00 a.m., at which time said hearing was again
continued to October 25, 1995, at 10:00 a.m., and again continued to October 30, 1995, at
1:00 p.m., and
WHEREAS, at said hearing on October 30, 1995, said applicant was represented by Hollis
Osbome and Paul Osbome, owners; Fred Otis and Kim Lawrence, attorneys; and Forrest Leaf, Leaf
Engineering, 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. This proposal is consistent with the intent of the A (Agricultural) Zone District
and is provided for as a Use by Special Review.
b. This proposal is consistent with the Weld County Comprehensive Plan which
promotes the development of commercial and industrial uses directly
dependent upon the agricultural industry.
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SPECIAL REVIEW PERMIT #1092 - MOARK HATCHERIES, LLC
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c. No overlay districts affect the site.
d. Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Moark Hatcheries, LLC, for a Site Specific Development
Plan and Special Review Permit #1092 for a commercial egg production facility in the A (Agricultural)
Zone District 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 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. 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.
3. 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 surfaces beneath the manure storage and
composting 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 Regulations
(5CCR 1002-19).
4. In accordance with C.R.S. 25-1-612 the applicant shall not place any whole dead
chickens in any manure piles which are within one (1) mile of any residence. Dead
chickens shall not be buried on site.
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5. Each proposed structure where people will be working, showering, living, etc., shall
have an individual sewage disposal system. Each system shall be installed
according to the Weld County Individual Sewage Disposal Regulations. All septic
systems must be designed by a Colorado Registered Professional Engineer. This
is not meant to include septic systems which will only serve employee homes, unless
the system will serve more than one (1) home.
6. All construction activities that disturb more than five (5) acres will be required to
obtain a Stormwater Discharge Permit from the Colorado Department of Health,
Water Quality Control Division.
7. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control Regulations (5CCR 1002-19). This shall be demonstrated
by submitting a comprehensive manure run-off and process waste water
handling plan to the Weld County Health Department for review and approval.
A copy of the approval shall be submitted to the Department of Planning
Services. This plan shall include, but not be limited to the following:
Demonstration that the manure and waste water collection and
storage facilities are adequately constructed and sized to handle a
twenty-five year, twenty-four hour storm. These include construction
as built, engineered drawings, etc.
2. The schedule in which manure will be removed and applied to land.
3. The method in which waste water and manure will be applied to land,
including the procedure which will be used to ensure that agronomic
rates are not exceeded.
4. Demonstration that all process waste water structures are
constructed of a material and maintained so as not to exceed a
seepage rate of 1/32 inch per day (1x10-6 cm/sec).
5. Other measures which are in place to ensure that the facility is
operating as a "No -discharge" facility as defined in the Confined
Animal Feeding Operations Control Regulations (5CCR 1002-19).
6. Demonstration that all stormwater retention structures are
constructed of a material and maintained so as not to exceed a
seepage rate of 1/4 inch per day (1x10-5 cm/sec).
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B. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
shall be submitted to the Air Pollution Control Division, Colorado Department
of Health, for emissions of criteria, hazardous or odorous air pollutants.
C. A NPDES Permit shall be obtained from the Water Quality Control Division
of the Colorado Department of Health for any proposed waste water
processing and/or any sewage disposal discharge, following treatment, into
State waterways.
D. A fly control and abatement plan shall be submitted to the Weld County
Health Department for review and approval. The fly control and abatement
plan shall include proactive measures and responses which are ongoing and
are designed to control and abate flies at the facility to the extent that the fly
condition is not considered to be a nuisance as determined by the Weld
County Health Officer.
E. An odor abatement plan shall be submitted to the Weld County Health
Department for review and approval. A copy of the abatement plan shall be
submitted to the Department of Planning Services. 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.
F. The applicant shall submit to the Department of Planning Services an
engineer's report which identifies the amount of water that will be required by
the operation and demonstrates that amount of water is available.
G. The applicant shall amend the Special Use Permit plat to show only two
accesses to the site as indicated in a memo dated August 25, 1995, from
Don Carroll, Weld County Public Works Department.
H. The applicant shall meet with the Weld County Public Works Department to
address the width and radiuses of the accesses. These measurements shall
be shown on the plat.
Any existing septic systems(s) which is not currently permitted through the
Weld County Health Department 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of October, A.D., 1995.
Deputy Cler
the Board
lerk to the Board
Y
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLODO
Dale K. Hall, Chairman
C��c ! Lc
arbor { J Kirkmeyer, -Tem
B aY f� `v7J /
George E/Baxter
/r/
Constance L. Harbert
/ i.
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOARK HATCHERIES, LLC
USR #1092
1. The Site Specific Development Plan and Special Review Permit is for a commercial egg
production facility in the A (Agricultural) Zone District as submitted in the application
materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All construction of the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
4. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
5. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
6. All liquid and solid wastes, not defined in the Confined Animal Feeding Operations Control
Regulations (5CCR 1002-19), shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. 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.
11. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
12. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations and Weld County Zoning Ordinance, Section 47.
13. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. 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 herein and all applicable Weld County Regulations.
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15. The Special Review area shall be limited to the plans shown herein 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 and the Board of County
Commissioners before such changes from the plan or Development Standards are permitted.
Any other changes shall be filed in the office of the Department of Planning Services.
16. 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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