HomeMy WebLinkAbout992541.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1242 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (MEAT PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - STAN AND LORI
WADDELL
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 17th day
of November, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Stan and Lori Waddell, 18920 Weld County Road 100, Nunn,
Colorado 80648, for a Site Specific Development Plan and Special Review Permit #1242 for an
Agricultural Service Establishment (meat processing facility) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Part of the NE1/4 of Section 31, Township 9 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present 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:
a. Section 24.4.2.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "to preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. soils maps indicate that the soils on this
property are designated other lands. The property currently is being
utilized for agricultural purposes, including the raising of chickens and
turkeys. A.Policy 1 states, "Agricultural zoning will be established and
maintained to protect and promote the County's agricultural industry."
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SPECIAL REVIEW PERMIT#1242 - STAN AND LORI WADDELL
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b. Section 24.4.2.2 -- The proposal is consistent with the intent of the district
in which the use is located. The property is zoned Agricultural and
Section 31.4.2of the Weld County Zoning Ordinance indicates that
Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or
contract basis, including custom meat processing is permitted as a Use
by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses
include pasture and prairie lands located in a very rural area with few
residences in close proximity.
d. Section 24.4.2.4 -- The uses which will 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. This
proposal lies within the three mile referral area of the Town of Nunn;
however, a referral was not returned. The Conditions of Approval and
Development Standards will ensure the health, safety and welfare of the
citizens of Weld County.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- The use is proposed to be located in the A
(Agricultural) Zone District, and the applicant has demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. This property is not designated as prime farm ground.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Stan and Lori Waddell for a Site Specific
Development Plan and Special Review Permit#1242 for an Agricultural Service Establishment
(meat processing 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
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.
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with Section 47 of the Weld
County Zoning Ordinance.
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SPECIAL REVIEW PERMIT#1242 - STAN AND LORI WADDELL
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B. The applicant shall obtain a permit for the use of the cistern from the
Weld County Department of Public Health and Environment. At a
minimum, the cistern must meet the following minimum criteria:
1. The cistern must be equipped with an automatic chlorination
device with an alarm that will sound in the event that it
malfunctions.
2. The cistern must be equipped with a low water level alarm to alert
the operator that only a minimal amount of water remains.
C. In accordance with the Weld County I.S.D.S. Regulations, the septic
system proposed to serve the poultry processing facility shall be
designed by a registered professional engineer. In the event the design
hydraulic flow of the proposed septic system exceeds 3,000 gallons per
day (according to the Weld County I.S.D.S. Regulations), the applicant
must receive approval from the Colorado Department of Public Health
and Environment in accordance with the regulations for the Site
Application Process ( 5 CCR 1002-22).
D. The applicant shall submit a Manure and Wastewater Runoff Handling
Plan for review and approval to the Weld County Department of Public
Health and Environment. The plan shall describe how manure that is
generated on the property will be disposed, and describe how storm
water that comes into contact with manure on the property will be
managed. The applicant should consider the Best Management
Practices as described in the Confined Animal Feeding Operation Control
Regulations (5 CCR 1002-81). The plan should also describe how dead
birds will be disposed.
E. The applicant shall provide evidence that the facility is in compliance with
the rules and regulations of the Colorado Department of Agriculture and
the United States Department of Agriculture.
F. All accesses utilizing the facility shall be graded and drained for all
weather access.
G. The three houses located on the east side of the property must obtain the
appropriate zoning and building permits or be removed from the property.
3. 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.
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SPECIAL REVIEW PERMIT#1242 - STAN AND LORI WADDELL
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W D COUNTYO
ATTEST: Llytiil .K\
Dalp K. Hall, Chair
Weld County Clerk to th pvo q rtp, /
BSc _ ,/i4 1�L�t xi/L.& ' �/ i�
BY: /
`/ti Q
q r; �4 Barbara J. Kirkmeyer, ro-Tem
_ e
Deputy Clerk to the Bo- •� 111� ,
Georg xter
APPROVED AS TO FORM:
. J. eile
County Attorney
Glenn Vaa
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STAN AND LORI WADDELL
USR #1242
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including custom meat processing for a
Chicken and Turkey Processing Facility in the A (Agricultural) Zone District, as indicated
in the application materials on file 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.
3. The maximum number of chickens and turkeys on the facility shall not exceed 10,000 birds
per year and no more than 1,200 chickens and turkeys at any given time.
4. Fugitive dust shall be controlled on this site. In the event that nuisance dust conditions are
created by the facility, at the request of the Weld County Department of Public Health and
Environment, a Dust Control Plan must be submitted and adhered to.
5. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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.
7. 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.
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.
9. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
10. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
11. 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.
12. 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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13. The applicant shall remove, handle, and stockpile manure from the poultry 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).
14. The facility shall be operated in a manner which controls odor. 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. In the event that odors
conditions are in excess of what is allowed by this condition, an Odor Control Plan must be
submitted and adhered to.
15. The facility shall comply with the approved Manure and Wastewater Runoff Handling Plan.
16. The facility shall be operated in a manner to control flies. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment 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. Additional measures
shall also be implemented in the event the Weld County Department or Public Health and
Environment receives a significant number of fly complaints associated with the facility, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
17. The applicant shall comply with Weld County Ordinance #172 pertaining to cisterns.
18. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
19. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
20. Water obtained to fill the cistern shall be obtained from a "community water system" as
defined by the Colorado Primary Drinking Water Regulations or an alternative source as
approved by the Weld County Department of Public Health and Environment. The operator
shall maintain 3 years worth of records that describe where the water was obtained to fill
the cistern. The water shall be transported from the "community water system" in a clean
vessel and transferred to and from the vessel in a manner that does not compromise the
quality of the water.
21. The facility shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture and the United States Department of Agriculture.
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22. In the event that a more reliable source of water, i.e. community supply or well, becomes
available, the facility shall abandon the cistern and obtain water service from that source.
23. The hours of operation are seven days per week, from 7:00 a.m. to 5:00 p.m. as indicated
in the amended application materials. Occasional late hours may occur on an emergency
basis.
24. No wholesale processing shall occur on site without inspection by a USDA agent. All
custom processing shall comply with rules and regulations of the Colorado Department of
Public Health and Environment.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
27. Personnel from the Weld County Departments of Public Health and Environment and
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.
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 Board of 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.
29. 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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