HomeMy WebLinkAbout992543.tiff -_ INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Stan and Lori Waddell Case Number USR-1242
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Memo for continuance dated 09/14/99 X
3 Staff Comments X
4 Department of Planning Services field check form X
5 Field check by Planning Commissioner X
6 Letter to Applicant X
7 Legal Notifications X
8 Application (6 pages) X
9 Referral list X
10 Duane Bayne referral received 8/11/99 X
11 Division of Wildlife referral received 8/09/99 X
12 Weld County Code Enforcement referral received 7/26/99 X
13 West Greeley Soil Conservation District referral received 8/09/99 X
14 Weld County Public Works Dept. referral received 8/17/99 (3 pgs) X
15 Weld County Building Inspection referral received 7/26/99 X
16 8 1/2 X 11 maps submitted by applicant(2 pages) X
17 Deed (3 pages) X
18 Certificate of Conveyances X
19 Surrounding Property Owners (14 pages) X
20 Receipt for Cistern permit dated July 12, 1999 X
21 Well permit#211139 X
22 Weld County Septic Permit SP-9900331 X
23 Weld County Septic Permit SP-9900072 X
24 Soil Survey (10 pages) X
25 Weld County Department of Health & Environment referrfal X
received 9/28/99
26 Letter from Dr. Dale Hansen, USDA dated 09/22/99 X
27 Septic drawings from Zoyiopoulos &Assoc. X
EX IIRIT
/r�\ 992543
27 Items submitted at planning commission
I hereby certify that the 27 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.
fee; (71-
Julie A. Chester •3 Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS day of O &-✓ 19 91 .
SEAL y�
≤haroxi K i /6(73"3
NOTARY PUBLIC '
MY COMMISSION EXPIRES Oa - O3 - &oo
44&PA
hiDeLAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1242 Hearing Date: September 21, 1999
Continued to October 5, 1999
Applicant: Stan and Lori Waddell Planner: Julie A. Chester
Address: 18920 WCR 100
Request: A Site Specific Development Plan and a Special Review Permit 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
Legal Description: Part of the NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to WCR 100, West of WCR 39
Size of Parcel: 6 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 Health Department referral received 09/28/99
• Weld County Public Works Department referral received 08/17/99
• Duane Bayne referral received 08/11/99
• Colorado Division of Wildlife referral received 08/09/99
• Weld County Code Enforcement referral received 07/26/99
• Weld County Building Inspection referral received 07/26/99
• West Greeley Soil Conservation District referral received 08/09/99
Page 1 EX'IBFT
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
wink
COLORADO
PLANNER: Julie A. Chester
CASE NUMBER: USR-1242 HEARING DATE: September21, 1999
Continued to October 5, 1999
APPLICANT: Stan and Lori Waddell
ADDRESS: 18920 WCR 100, Hudson, Colorado
REQUEST: A Site Specific Development Plan and a Special Review Permit 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
LEGAL DESCRIPTION: Part of the NE4 of Section 31, T9N, R65W of the 6th P.M., Weld
County, Colorado
LOCATION: South of and adjacent to WCR 100, West of WCR 39
SIZE OF PARCEL: 6 acres
PARCEL NUMBERS: 0457-31-000004
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are not 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 not
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 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
Page 2
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.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in
which the USE is located. The property is zoned Agricultural and section 31.4.2
states 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.
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. The surrounding land uses include pasture
and prairie lands and is a very rural area with few residences in close proximity.
d. Section 24.11.4--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. 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 24.3.1.5-- This proposal does not lie within any Overlay Districts.
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 to conserve prime agricultural land
in the locational decision for the proposed USE. This property is not designated as
prime farm ground.
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
Weld County Department of Public Health and Environment indicated in their
referral response that a cistern is not an adequate supply of water in regard to
quality, quantity or dependability, especially for this type of use. The Health
Department, as well as the Department of Planning Services, is concerned about
the protection of the health safety and welfare of the inhabitants of the
neighborhood and the County.
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.
Page 3
This denial recommendation is based upon compliance with the Weld County Ordinance
requirements. Should the Planning Commission determine that this Site Specific Development Plan
and Special Review Permit application meets the requirements of the Weld County Zoning
Ordinance, as amended, the Department of Planning Services recommends the following
Conditions and Development Standards be attached:
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 Section 47 of the Weld County
Zoning Ordinance. (Planning Department, Health Department)
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 constructed of stainless steel. (Health Department)
2. The cistern must be equipped with a automatic chlorination device with an
alarm that will sound in the event that it malfunctions. (Health Department)
3. The cistern must be equipped with a low water level alarm to alert the
operator that only a minimal amount of water remains. (Health Department)
C. In accordance with the Weld County ISDS 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 ISDS
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). (Health Department)
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 stormwater 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.
Page 4
t
Ir'> Ct /� /
/7 Y__e 6 - 0e4. .C/C) -li ( /0 (,4` -^x, 1r -/i
6 1'-\ o r.�-( ,-c-c_ � > cit, 1�0Y �-e-s-/ , / �(( L-C-'—
_,i- ' (l' /) /3--(- Le / ,/'.-- ';'Li `tic '/ /ET i
/r 26/->4
F. All accesses utilizing the facility shall be graded and drained all weather access.
(Public Works)
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.
(Planning, Building Inspection)
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. (Planning)
<P y Q
P
1 V k 6e_ i)� �J�' C��' 'vim-`t .--4 ( f ) V.! 1 L>t
G
��.i i,l�'bl./� !d�� ,�./�62-.9,'��Q - b'�-5: ./A� C� Q.%f
L �
Jr
Page 5
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 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. The maximum number of chickens and turkeys on the facility shall not exceed 10,000 birds
per year and no more than 1200 chickens and turkeys at any given time. (Planning)
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. (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 the Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as
amended. (Health Department, Planning)
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 Quality
Control Division of the Colorado Department of Public Health & Environment. (Health
Department)
10. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended. (Building Inspection, Health Department,
Department of Planning Services)
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. (Health Department)
Page 6
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. (Health Department)
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). (Health Department)
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. (Health Department)
15. The facility shall comply with the approved manure and wastewater runoff handling plan.
(Health Department)
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 measure
shall also be implemented in the event the Weld County Department or Public Health and
Environment 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. The applicant shall comply with Weld County Ordinance No. 172 pertaining to cisterns.
(Health Department)
18. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Health Department)
19. 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)
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 describes 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. (Health Department)
Page 7
21. The facility shall comply with all ap} lii9able rules and regulations of the Colorado
Department of Agriculture and the United States Department of Agriculture. (Health
Department)
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.
(Health Department)
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. (Plannning) )) J % / p
.7 ,net:-±-- f.Gi -,t_ ri.tr-j , /--kcc �-c c//:'..-J oVt a o--L', ci y, , �`�._t '3L-i1,_
24. 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.
25. 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.
(i'26. Personnel from the Weld County Health Department and Weld County Planning
v/yry� 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
`ck); stated herein and all applicable Weld County Regulations.
Y ' 27. 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.
\28. 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.
fil
J v J
��.1 _S-, o_f2
l �
P
J —
(�tL It e 'r tri t. 1 c,�,',_ ' r'' �� YAP // S ✓ , 574
e8 C
, ,,,tip i- �R @a� �J
FIELD CHECK
FILING NUMBER: USR-1242 DATE OF INSPECTION: 92-9-Q7
APPLICANT'S NAME: Stan and Lori Waddell
PLANNER: Julie Chester
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for an Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry, and horticultural
services on a fee or contract basis, including, custom meat processing for Chicken and Turkey
Processing Facility located in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 100; west of Weld County Road 39.
LAND USE:
/ VW�-2_/{-,�- ,y�f ;�
N
eti“ttr-tom JCL✓ de-e
S �lJ'l, �y� \ `I✓it'Lti g
/V�
ZONING: N A(Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
/te 2 e !4=0' �n ce�-yc 2 F& - ?
X&me4 on Vice_ a c4Ce� s //(nn /n
1wrej . 112 4
P.C. Member
fees MEMORANDUM
TO: Planning Commission September 14, 1999
COLORADO From: Julie A. Chester, Lead Planner tC.
SUBJECT: USR-1242, Stan and Lori Waddel
The Department of Planning Services staff is requesting a continuance of case number USR-1242
for Stan and Lori Waddell, to October 5, 1999 for the following reasons:
1. The Weld County Department of Health and the Environment has not been able to submit a
referral to the Planning Department due to the fact that the United States Department of Agriculture
(USDA) is also reviewing this proposal. The Department of Health and Environment must review
the USDA comments prior to submitting their referral.
2. The Department of Planning Services relies on the Weld County Department of Health and
Environment and the USDA to evaluate this proposal. There are several environmental concerns
which need to be addressed prior to the Planning Commission hearing the case and the Planning
Department making a recommendation.
Thank you for your consideration in this matter.
9—
6 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, 6498
FAX X (9(970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
July 23, 1999
Stan Waddell
18920 WCR 100
Nunn, CO 80648
Subject: USR-1242 - Request for a Site Specific Development Plan and a Use by Special Review Permit for an
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including, custom meat processing for Chicken and
Turkey Processing Facility located in the A(Agricultural) Zone District. on a parcel of land described
as NE4 of Section 31, T9N, R65W of the 6th P.M., Weld County, Colorado.
Dear Mr. Waddell:
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 September 21, 1999, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 Town of Nunn Planning Commission for its review
and comments. Please call the Town of Nunn at (970)897-2385 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 Town of Nunn
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.
Respectfully,
-L/ (2 Lr EXHIBIT
Julie Chester
Planner /
lD
FIELD CHECK inspection date: c:///V9 G/
CASE NUMBER: (i '2 �/ y
APPLICANT: (&2
LEGAL DESCRIPTIkd5/
LOCATION. o djacent to Weld County Road /OR) 3y
Zoning Land Use
N A (Agricultural) N ��
E A (Agricultural) E �,;� �
1,
S A (Agricultural) S c /
W A (Agricultural) W � / / /
COMMENTS:
• ai 3 c
4 �` � h
Julie . l hester, Current Planner so,/
ex11-f._-0 -zc/
EXHIBIT
Hello