HomeMy WebLinkAbout972173.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution, with a correction to Condition of Approval 2a(2), be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBER: USR-1154
APPLICANT: English Feedlot, Inc., c/o Patty DePlazes
ADDRESS: 1411 Weld County Road 2, Wiggins, CO 80654
PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan and amended Special Review permit (SUP -68 and SUP -
105) to expand an existing Livestock Confinement Operation (L.C.O.) from 12,000 cattle to
20,000 cattle in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The SW4 of Section 8, Ti N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 10; approximately'/z mile west of Weld County
Road 41.
PARCEL NUMBER: 1473 08 000010
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 This proposal is consistent with the Weld County Comprehensive Plan, as
amended. A. Goal 1 encourages land uses which foster the economic health and
continuance of agriculture. A. Policy 2 allows for the location of agricultural businesses and
industries in areas which minimize the removal of prime agricultural land from production. The
Town of Hudson has reviewed the proposal and commented that, while the Planning
Commission did not officially vote to support or object to the application, there are
environmental concerns relating to the expansion. The proposed conditions of approval and
development standards as recommended by the Weld County Health Department in a memo
dated June 11, 1997, address the concerns.
Section 24.3.1.2 This proposal is consistent with the intent of the A (Agricultural) zone district.
The expansion of a Livestock Confinement Operation is allowed in the A (Agricultural) zone
district with the approval of an amended Special Review permit. The present feedlot is
situated on a 160 -acre parcel which has existed since the 1960's. A 28 -acre area, more or
less, situated north of the existing pens which is also included in this quarter section is
proposed to be converted for use as additional pen space. The feedlot was initially permitted
under SUP -68 in 1970. An expansion to the feedlot occurred in 1971 through the approval
of SUP -105. The number of cattle presently allowed on the site is 12,000. This application,
if approved, would increase the number of cattle to 20,000 head.
b.
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RESOLTUION, USR-1154
English Feedlots, Inc.
Page 2
c. Section 24.3.1.3 The uses which would be permitted will be compatible with the existing
surrounding land uses. Immediate surrounding land uses are mixed, including agricultural
production, a dairy, a turf farm, rural residences located south across Weld County Road 10
and vacant agricultural ground. This agricultural industry is located in the A (Agricultural)
zone district, in which the support and continuation of such uses are promoted by the
Comprehensive Plan.
d. Section 24.3.1.4 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 site is approximately two (2) miles west of Hudson and according to Rob
Fuller, Administrator for the Town of Hudson, is not a part of the Town's comprehensive
planning area. The conditions of approval and development standards which are a part of this
recommendation will require adherence by the applicant to stricter environmental standards
than what is existing under the present Special Use permit.
e. Section 24.3.1.5 The application complies with the Weld County Zoning Ordinance, Section
50, Overlay District Regulations if the proposal is located with the Overlay District Areas
identified by maps officially adopted by Weld County. The site is not affected by any Overlay
Districts recognized by the county.
f. Section 24.3.1.6 The applicant has demonstrated a diligent effort has been made to conserve
productive agricultural land in the locational decision for the proposed use. Soils on the site
are identified as nonprime farmground. The area proposed for expansion is presently used
as dryland pasture; land east of the feedlot is in agricultural production. Taking into
considering the location of nearby residences and the topography of the site, it appears that
the requested location is suitable for the expansion.
Section 24.3.1.7 There is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the county. Supplementary Regulations
for Livestock Confinement Operations, Livestock Feeding Performance Standards, Design
Standards, and Operation Standards set forth in Sections 45.1, 47, 24.5 and 24.6 of the Weld
County Zoning Ordinance, as amended, conditions of approval and development standards
proposed in this recommendation ensure that adequate provisions will be in place for the
protection of the health, safety and welfare of the neighborhood and 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.
The Planning Commission's 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 15 days of approval by the Board of County Commissioners.
g.
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RESOLTUION, USR-1154
English Feedlots, Inc.
Page 3
2. Prior to recording the plat:
a. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulations, in accordance with a memo dated July 11, 1997, from the Weld
County Health Department. This shall be demonstrated by submitting a comprehensive
manure and waste water handling plan, for a 20,000 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 (25) year, twenty-four (24) hour storm event in accordance with the
CAFO regulations. This shall be conducted by a Registered Professional Engineer.
(2) Demonstration that any waste water retention structure constructed after August 30,
1992, has been constructed with a lining material which does not exceed a seepage
rate of 1/4°/day (1x10(-5) cm/sec). This shall be conducted by a Registered
Professional Engineer.
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.
(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.
(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.
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO regulations.
Other necessary measures which are required in order to comply with the CAFO
regulations.
b. A dust abatement plan shall be submitted to the Weld County Health Department for review
and approval. The facility shall have sufficient equipment available to implement dust control
as required by the Weld County Health Department. (Weld County Health Department).
c. A fly control plan shall be submitted to We Weld County Health Department fa review and
approval. (Weld County Health Department).
d. An odor abatement plan shall be submitted to the Weld County Health Department for review
and approval. (Weld county Health Department).
e. The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance pertaining to Livestock Feeding Performance Standards. (Weld County Health
Department).
(7)
(3)
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RESOLTUION, USR-1154
English Feedlots, Inc.
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f. 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. (Weld County Health Department).
g. The plat shall be amended to show the names and locations of adjacent property owners and
the signature blocks for the property owner and Planning Commission and Board of County
Commissioner chairpersons.
h. The applicant shall enter into a Road Maintenance Agreement with Weld County for
improvements to Weld County Road 10 from Weld County Road 41, west to the access into
the feedlot facility. A copy of the proposed agreement shall be submitted to the Weld County
Public Works Department for review and approval.
Motion seconded by Glenn Vaad.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
Jack Epple
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planing Commission of Weld County,
Colorado, adopted on July 15, 1997.
ed the 15th of July, 1997
Sharyn Frai'er4
Secretary
912113
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
English Feedlots, Inc.
USR-1154
1. The Site Specific Development Plan and Special Review permit is for expansion of a Livestock
Confinement Operation from 12,000 cattle to 20,000 cattle in the A (Agricultural) zone district, as set
forth in the application materials on file in the Department of Planning Services 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, as amended.
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance, at all times,
with the approved dust abatement plan. (Weld County Health Department).
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Weld County Health Department).
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Sold
Waste Disposal Sites and Facilities (6CRR 1007-2), at this site. (Weld County Health Department).
6. 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. (Weld County
Health Department).
7. 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. (Weld County Health Department).
8. Any required NPDES permit shall be maintained in compliance with the Water Quality Control Division
of the Colorado Department of Public Health and Environment. (Weld County Health Department).
9. 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. (Weld County
Health Department).
10. Waste materials, not specifically addressed by other development standards, shall be handled, stored,
and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance
conditions. (Weld County Health Department).
11. 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
'aonditionthat 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). (Weld County Health Department).
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DEVELOPMENT STANDARDS, USR-1154
English Feedlots, Inc.
Page 2
12. 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. 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 judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement. (Weld County Health Department).
13. The facility shall maintain records on site, available for inspection during business hours, at all times,
which demonstrate the following:
a. That the waste water collection and storage facilities are adequately constructed and sized
to handle a 25 -year 24 -hour storm event, in accordance with CAFO regulations. (Weld
County Health Department).
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 for land application, treatment or disposal. (Weld
County Health Department).
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. (Weld County
Health Department).
14. 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. (Weld County Health Department).
15. The facility shall be operated in a manner to control flies. The fly control plan 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. The
plan shall be implemented in the event the Weld County Health Department receives a significant
number of fly (associated with facility) complaints, and in the judgment of the Weld County Health
officer, there exists a fly condition requiring abatement. (Weld County Health Department).
16. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Weld County Health Department).
17. There shall be no buming conducted at the site, with exception to burning defined as "agricultural open
buming" as defined by Regulation No.1 of the Colorado Air Quality Control Commission Regulations.
"(Weld County Health Department). _
18. The facility shall be operated in accordance with the approved manure and waste water management
plan. (Weld County Health Department).
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended.
912113
RESOLUTION, USR-1154
English Feedlots, Inc.
Page 3
20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with the Supplementary
Regulations for Livestock Confinement Operations of Section 45.1 of the Weld County Zoning
Ordinance, as amended.
23. 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 hereon and all
applicable Weld County regulations.
24. The Special Review areas shall be limited to the plans shown hereon 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 Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the offices of the Department of Planning
Services.
25. 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 Weld County Board of County Commissioners.
972173
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