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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1069 FOR A FEEDLOT (2000 HEAD) IN THE A (AGRICULTURAL) ZONE DISTRICT -
WARDLAW
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 11th day of
January, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John Wardlaw, 26271 Weld County Road 60, Greeley, Colorado 80631, for a
Site Specific Development Plan and Special Review Permit #1069 for a Feedlot (2000 head) in the
A (Agricultural) Zone District on the following described real estate, to -wit:
Lot A of RE #1119, being a part of the E 1/2, SW 1/4
of Section 4, Township 5 North, Range 64 West, and
a part of the NW 1/4 of Section 9, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Ken Lind, Attorney, and Don Carlson,
Engineer, 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 Weld County Comprehensive Plan's
Urban Growth Boundary Area Goals and Policies. The Urban Growth
Boundary Area section provides for the County to encourage land -use
development proposals as long as they conform to the desires of affected
municipalities. This land use is located within the Urban Growth Boundary
Area of the Town of Kersey.
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SPECIAL REVIEW PERMIT #1069 - WARDLAW
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b. This proposal is consistent with the intent of the A (Agricultural) Zone District
and is provided for as a Use by Special Review.
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 John Wardlaw for a Site Specific Development Plan and
Special Review Permit #1069 for a Feedlot (2000 head) 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. Prior to recording of the plat:
a. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control Regulations. 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. This plan
shall include, but not be limited to the following:
Demonstration that the waste water collection, storage and land
application facilities are adequately constructed, and sized to handle
a twenty-five year, twenty -four-hour storm. The evaluation must be
conducted by a Registered Professional Engineer in accordance with
the Confined Animal Operations Control Regulations and Weld
County Zoning Ordinance, Section 47.
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SPECIAL REVIEW PERMIT #1069 - WARDLAW
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ii. The schedule in which manure will be removed and applied to land.
The method in which waste water will be applied to land, including
the procedure which will be used to insure that agronomic rates are
not exceeded.
iv. Other measures which are in place to insure that the facility
operation as a "No -discharge" facility.
b. The applicant shall submit an application to the Air Pollution Control
Division, Colorado Department of Health.
c. A dust abatement plan shall be submitted to the Weld County Health
Department for approval prior to operation. The facility shall have sufficient
equipment available to implement dust control as required by the Weld
County Health Department.
d. Each of the two (2) existing home septic system(s) which are not currently
permitted through the Weld County Health Department will require an ISDS
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 ISDS regulations.
e. The plat shall be amended to show the location of all accesses onto Weld
County Road 60 and should label them as to whether the access is for
residential use, commercial use, or agricultural use.
f. An amended recorded exemption application shall be submitted, reviewed,
approved, and all conditions met to amend Recorded Exemption #1119 so
that Lot A encompasses all the portion of USR #1069 north of Weld County
Road 60 and Lot B is clear of USR #1069.
The access easement and oil and gas facilities for Lyco Energy Corporation
shall be placed on the plat.
9.
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SPECIAL REVIEW PERMIT #1069 - WARDLAW
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELQCOUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: /',ru-E'OA
Deputy Clerk
the Board
AP AS TO FORM: —
y Attorney
Dale K. Hall, Chairman
FXCI ISFf) IlATF CF SIC1NINC;
Barbara J. Kirkmeyer, Pra-Tem
l
(AYE)
eorge E(Baxter
J _rep
Constance L. Harbert
i;
W. H. Webster
H- fro.
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN WARDLAW
USR #1069
1. The Site Specific Development Plan and Special Review Permit is for a feedlot (2000 head)
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 on 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 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 in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
9. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations and Weld County Zoning Ordinance, Section 47.
10. 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 manure storage site shall have a water -tight surface which does not permit seepage or
percolation of manure pollutants into the ground.
11. Fugitive dust shall be controlled on this site.
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12. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as
measured according to 25-12-102, CRS.
13. All potentially hazardous chemicals must be stored and handled in a safe manner. Reference
25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof.
14. Any conveyance of any portion of the property under the Permit would be a major change and
require approval to an amendment to the Special Use Permit.
15. 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.
16. The Special Review area shall be limited to the plans show 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 plans or Development Standards are permitted.
Any other changes shall be filed in the office of the Department of Planning Services.
17. 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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