HomeMy WebLinkAbout981850.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hunt Feedyards - David Hunt Case Number USR - 1197
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution X
2 Staff Comments (10 pages) X
3 Department of Planning Services field check form X
4 Field check by Planning Commissioner
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application ( 62 pages) X
8 Referral list X
9 Weld County School District(RE-1) referral received 7-1-98 X
10 Town of Gilcrest referral received 7/20/98 X
11 Weld County Public Works Dept. referral received 7/23/98 (2 pgs) X
12 Weld County Health Department referral received 7/23/98 (4pgs) X
13 Colorado Department of Transportation referral received 7/6/98 X
14 Planning Commissioner referral received X
15 8 1/2 X 11 maps submitted by applicant( 5 pages) X
16 Deed X
17 Certificate of Conveyance X
18 Surrounding Property Owners (6 pages) X
19 Soil Survey (10 pages) X
20 P.C. Exhibits (4 pages) X
1 Item submitted at planning commission
981850
[1 EXHIBIT
Ltst*1147
I hereby certify that the 20 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.
ca t
Eric A. Jerman • PI- ner
STATE OF COLORADO )
COUNTY OF WELD ) nn-.
SUBSCRIBED and SWORN TO BEFORE ME THIS day of l� 19 98.
SEAL (+�
&Pima) Lain-
NOTARY
MY COMMISSION EXPIRES C31/41bOA-
981850
WIiDc. LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: USR-1197 Hearing Date: August 4, 1998
Applicant: Hunt Feedyards, David Hunt
Address: 14460 WCR 40 Platteville, CO
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment, specifically described as a Livestock Confinement
Operation for up to 10,000 head of cattle.
Legal Description: NW4 Section 33 T4N R66W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 40 and East of and adjacent to State Hwy 85.
Size of Parcel: 65 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:
• Weld County Public Works Department referral received 7/23/98
• Weld County Health Department referral received 7/23/98
• Colorado Department of Transportation referral received 7/6/98
• Town of Gilcrest referral received 7/20/98
• Weld County School District RE-1 referral received 7/1/98
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WIiDc.
COLORADO
PLANNER: Eric Jerman
Case Number: USR-1197 Hearing Date: August 4, 1998
Applicant: Hunt Feedyards, David Hunt
Address: 14460 WCR 40 Platteville, CO
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment, specifically described as a Livestock Confinement Operation
for up to 10,000 head of cattle.
Legal Description: NW4 Section 33 T4N R66W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 40 and East of and adjacent to State Hwy 85.
Size of Parcel: 65 acres
PARCEL NUMBER:1057 33 000043
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 --That the proposal is consistent with the Weld County
Comprehensive Plan.--A. Goal 1 states a commitment to "preserve prime farmland
for agricultural purposes which foster the economic health and continuance of
agriculture."Although the site is listed as Prime Soils by the USDA Soil Conservation
Service, the site has not been used for crop production for at least 25 years. The
addition of one more "alley"to the 25 year old feedlot will not remove farmland from
Page 2
production. A. Policy 1. States that "Agricultural zoning will be established and
maintained to protect and promote the County's agricultural industry." Livestock
confinement operations are an agricultural industry and are considered a Use By
Special Review in the Agricultural Zone as described in the Weld County Zoning
Ordinance (31.4.2)
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in
which the USE is located. A. Policy 1. States that "Agricultural zoning is intended
to preserve prime agricultural land and to provide areas for agricultural activities and
uses dependent upon agriculture without the interference of incompatible residential,
commercial, and industrial land uses." The proposal site is located within the
Agricultural Zone district. Livestock Confinement Operations are allowed as Use by
Special Review in the Agricultural Zone district. (31.4.2)
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. Livestock Confinement Operations are
permitted as a Use By Special Review in the Agricultural District. (31.4.2)
Surrounding uses are agricultural. Although the site is located within the Urban
Growth Boundary Gilcrest, the Town of Gilcrest reviewed the application and found
no conflicts with their interests.
d. Section 24.3.1.4--That the USES which would be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities. A. Policy 1. States that "Agricultural
zoning is intended to preserve prime agricultural land and to provide areas for
agricultural activities and uses dependent upon agriculture without the interference
of incompatible residential, commercial, and industrial land uses." Although the site
is located within the Urban Growth Boundary Gilcrest the Town of Gilcrest reviewed
the application and found no conflicts with their interests.
e. Section 24.3.1.5--The site is not located within the Overlay Districts Areas identified
by maps officially adopted by Weld County.
f. Section 24.3.1.6--That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed USE. A. Goal 1 states
a commitment to "preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." Although the site is listed as Prime
Soils by the USDA Soil Conservation Service, the site has not been used for crop
production for at least 25 years. The addition of one more "alley" to the feedlot will
not remove farmland from production.
g. Section 24.3.1.7--That there is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the NEIGHBORHOOD and the County. The
attached conditions of approval & Development Standards ensure the health, safety
and welfare of the inhabitants of the NEIGHBORHOOD and the County.
Page 3
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 30 days
of approval by the Board of County Commissioners. (Dept. of Planning)
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 management plan, for
a 10,000 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 . (Health Department)
(2) Demonstration that any existing or proposed waste water retention
structure has, or will be, constructed in accordance with the criteria
described in the CAFO Regulations. This shall be conducted by a
Registered Professional engineer. (Health Department)
(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.
(Health Department)
(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. (Health
Department)
(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. (Health Department)
Page 4
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Health Department)
(7) Other necessary measures which are required in order to comply with
the CAFO Regulations. (Health Department)
B) The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance. (Health Department)
C) 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. (Health Department)
D) The Weld County Health Department was unable to find septic permits for
the septic systems serving the existing housing units, or either office. Any
existing septic system(s) which is not currently permitted through the Weld
County Health Department will require an ISDS evaluation. In the event the
system(s) is found to be inadequate, the system(s) must be brought into
compliance with the current Individual Sewage Disposal System Regulations.
(Health Department)
1) The two (2) septic systems serving the office must be reviewed by a
Colorado Registered Professional Engineer. The review shall consist 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 that the system is inadequate, the system shall be
brought into compliance with current regulations. (Health Department)
E. Weld County Public Works requires upgrading and paving of WCR 40 and
approach to feedlot. This will minimize dust and maintenance due to the
expansion, heavy hauling and proximity to the Town of Gilcrest. Applicant shall
upgrade the road according to the referral from the Department of Public Works,
dated July 24, 1998. (Public Works)
F. The applicant should provide a letter that verifies an easement or right to
enter the Union Pacific Railroad's 200-foot right-of-way line. (Public Works)
G. Applicant shall designate existing and future parking areas for employees
on the plat. (Public Works)
Page 5
3. The Colorado Department of Transportation (CDOT) reserves the right to review
development at such time that the County determines that the development would
increase traffic at the connection by more than 20%. If changes at the connection
are required, an access permit must be obtained from CDOT. (C.D.O.T.)
4. 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. (Planning)
5. The Site Specific Development Plan and Use by Special Review Permit shall be
amended to include the specific details of the proposed expansion of feedlot, at the
time it is to be built. (Planning)
6. A detailed landscaping plan identifying the number, size and species of landscaping
/buffering materials, shall be submitted to the Department of Planning Services for
review and approval. The plan shall address the buffering of Highway 85 Right of
Way and the applicant's property line against views from the Highway and
against windblown dust. The plan shall also address maintenance of the
landscaping materials and potential replacement of dying materials. The approved
plan shall be delineated on the plat map. (Planning)
Page 6
A Site Specific Development Plan and a Special Review
Permit for an Agricultural Service Establishment, specifically
described as a Livestock Confinement Operation for up to
10,000 head of cattle.
DEVELOPMENT STANDARDS
US R-1197
1. The Site Specific Development Plan and Special Use Permit is for expansion of feedlot to
10,000 head of cattle 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning)
3. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
4. Fugitive dust shall be controlled on this site. The facility shall be operated in
accordance, at all times, with the dust abatement plan included in the application
materials. The dust abatement plan is included in the document, titled Management
Plan for Nuisance Control, dated June 10, 1998. (Health Department)
5. All liquid and solid waste shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Health Department)
6. 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.
(Health Department)
7. The facility shall maintain compliance with confined Animal Feeding Operations
Control Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning
Ordinance, as amended. (Health Department)
8. 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. (Health Department)
9. Any required NPDES Permit shall be maintained in compliance with the Water
Page 7
Quality Control Division of the Colorado Department of Public Health &
Environment. (Health Department)
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. (Health Department)
11. Wastes 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. (Health Department)
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). (Health
Department)
13. The facility shall be operated in a manner that controls odors. The facility shall
operate, at all times, in accordance with the odor abatement plan provided in the
application materials. The odor abatement plan is included in the document, titled
Management Plan for Nuisance Control, dated June 10, 1998. 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. Additional odor controlling measures 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. (Health Department)
14. The facility shall maintain records on-site, available for inspection during business
hours, at all times, which demonstrates the following: (Health Department)
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
Page 8
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. (Health Department)
16. The facility shall be operated in a manner to control flies. The facility shall be
operated in accordance, at all times, with the pest control plan included in the
application materials. The pest control plan is included in the document, titled
Management Plan for Nuisance Control, dated June 10, 1998. Additional fly control
measures 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 or in the
event the Weld County Health Department receives a significant number of fly
(associated with facility) complaints, and in the judgement of the Weld County
Health Officer, there exists a fly condition requiring abatement. (Health Department)
17. Any septic system located on the property must comply with all provisions of the
Weld County Individual Sewage Disposal System Regulations. (Health Department)
18. There shall be no burning conducted at the site, with exception to burning defined
as "agricultural open burning" as defined by Regulation No. 1 of the Colorado Air
Quality Control Commission Regulations. (Health Department)
19. The facility will employ a maximum of eight employees, not including the owner and
owner's family. (Planning)
20. The hours of operation are up to 24 hours per day for shipping and receiving during
harvest. Equipment operations, trucks, farming activities and maintenance activities
other than emergencies will occur primarily during daylight hours. (Planning)
21. The facility shall be operated in accordance with the approved manure and waste
water management plan. (Health Department)
22. The facility shall install and make operable, sprinkler systems, for dust control, for
all pens on the facility prior to constructing the proposed pens. (Health
Department)
Page 9
23. 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.
(Planning)
24. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as
amended. (Planning)
25. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
(Planning)
26. 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. (Planning)
27. Hunt Feedyard will continue to provide adequate dust control for residents
on the unpaved portion of WCR 40, east for the first mile. (Public Works)
28. The Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
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. (Planning)
Page 10
FIELD CHECK inspection date: 7/16/98
CASE NUMBER: USR- 1197
APPLICANT: Hunt Feedyard - David Hunt
LEGAL DESCRIPTION: NW4 Section 33 T4N R66W
LOCATION: East of and adjacent to State Hwy 85
South of and adjacent to WCR 40
Zoning Land Use
N A (Agricultural) N Agricultural/Town of Gilcrest
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS:
USR will add one "alley" to feed additional cattle.
Expected increase in production from 2,000 to 2,500 head of cattle.
Original pens of feedyard built between 25 and 45 years ago.
Drainage and dust abatement controls appear to be adequate.
Feedyard is 65 acres and not on the total 130 acres owned by owner.
Feedyard occupies land only to the South and East of Hwy 85.
•
Eric A. Jerma P1 nner
r et t .4�7q
481.850 ` ,,,
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
hiDeGREELEY, COLORADO 80631
COLORADO
June 24, 1998
David Hunt .
14460 WCR 40
Platteville, CO 80651
Subject: USR-1197- Request for a Site Specific Development Plan and Use by Special Review Permit for a
Feedlot up to 10,000 head of cattle, located in the A (Agricultural) zone district on a parcel of land
described as NW2 of Section 33, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. Hunt:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for August 4, 1998, at 1:30 p.m. This meeting will take
place in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions
the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Gilcrest Planning Commission for
its review and comments. Please call Town of Gilcrest at 970-737-2426 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Gilcrest Planning Commission meeting to answer any questions the Commission members may have with respect
to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted
at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission. This recommendation will be available twenty-four (24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Resp tfully,
Eric Jerman
Current Planner
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