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Home My WebLink About972502.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Glenn Vaad that the following resolution, with changes to Development Standard #7, and the addition of new Development Standard#16, with subsequent renumbering, 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-1158 APPLICANT: James Younger PLANNER: Todd Hodges ADDRESS: 8575 Weld County Road 21,Ft. Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a livestock confinement operation consisting of a 4,000 head poultry (ducks)operation with associated structures in the A(Agricultural)zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 22, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of& adjacent to Weld County Road 21, approximately % mile south of Weld County Road 20. SIZE OF PARCEL: 2 +/_acres. PARCEL NUMBER: 1313 22 000009 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 amended, as follows: a. Section 24.3.1.1 —This proposal is consistent with the Weld County Comprehensive Plan, as amended. This proposal is for a maximum of 4000 poultry and processing on the site, all of which are agricultural uses and consistent with the Weld County Comprehensive Plan, as amended by ensuring the preservation of the agricultural district for agricultural uses which will foster the economic health and continuance of agriculture in Weld County. b. Section 24.3.1.2 —This proposal is consistent with the intent of the A (Agricultural) Zone District. The Agricultural Zone District is intended to provide areas for the conduct of agricultural activities without the interference of other, incompatible land uses. In order to minimize incompatibilities that occur between agricultural and urban-type land uses, urban growth boundary areas were created to provide an area, located in proximity to an incorporated municipality,where residentjl, commercial and industrial development will be encouraged to locate. The site of this proposal is zoned A(Agricultural)as is the surrounding properties. This proposal is consistent with A.Policy 1 of the Weld County Comprehensive Plan, as amended by locating in the Agricultural zone district which was established to protect and promote the County's agricultural industry. EXHIBIT 972502 3' RESOLUTION, USR-1158 James Younger Page 2 c. Section 24.3.1.3 — The uses which would be permitted is compatible with the existing agricultural activities and land uses surrounding the site. The surrounding properties are zoned agricultural and have the following existing land uses: residentiaVagricuftural to the north, existing turkey facilities to the north west,west and southeast, residentiaVagricuftural to the south,and agriculturaVresidential to the east. This proposal is consistent with A.Policy 4.1.8 of the Weld County Comprehensive Plan,as amended by clustering the uses on the site to minimize the impacts to the remainder of the site as well as the surrounding properties. Conditions of approval and development standards ensure that the proposed uses will remain compatible with the existing surrounding land uses. d. Section 24.3.1.4 — The proposed uses will be compatible with future development of the surrounding area as permitted by the existing zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The site is located within the referral boundary area of the Town of Firestone and the Town of Ft. Lupton. Ft. Lupton reviewed this request and indicated they have no major concerns. It is staffs opinion that the concerns mentioned will be covered by the conditions of approval and development standards. To date, staff has not received a referral response from the Town of Firestone. e. Section 24.3.1.5—This site is not located within any overlay district. This recommendation is based, in part, upon a review of the application 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 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 planning commission. (Department of Planning Services). 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. (Department of Planning Services). 3. In the event any waste water generated from the poultry operation will be disposed in any existing septic system,that system shall be reviewed by a Registered Professional Engineer. The review shall consist of visible observation of the system and an evaluation of the system's ability to handle any additional proposed hydraulic loads. If the system is not adequate it shall be enlarged in accordance with the Weld County I.S.D.S. Regulations. (Weld County Health Department). 4. Prior to recording the plat: — a. The applicant shall submit a comprehensive manure and waste water handling plan to the Weld County Health Department for review and approval. This plan shall describe how all manure and waste water generated at the site will be treated,disposed, or recycled in accordance with the Confined Animal Feeding Operations Control Regulations. (5 CCR 1002- 19). (Weld County Health Department). 97 S z RESOLUTION, USR-1158 James Younger Page 3 b. A fly abatement plan shall be submitted to the Weld County Health Department for review and approval. (Weld County Health Department). c. An odor abatement plan shall be submitted to the Weld County Health Department for review and approval. (Weld County Health Department). d. A soil erosion control plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services). e. An access and parking plan shall be submitted to the Department of Planning Services for review and approval by the Public Works Department. The plat shall be amended to reflect ' the approved access and parking plan. (Department of Planning Services/Public Works Department). f. A screening/buffer plan shall be submitted to the Department of Planning Services for review - and approval. The plat shall be amended to reflect the approved screening plan. (Department of Planning Services). Fred Walker seconded the motion. VOTE: For Passage Against Passage Glenn Vaad Cristie Nicklas Fred Walker Marie Koolstra Jack Epple Rusty Tucker Stephen Mokray Shirley Camenisch Arlan Marrs The Chairman declared the motion for approval was denied and ordered that a certified copy of this resolution 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 Planning Commission of Weld County, Colorado, adopted on July 15, 1997. ed the 15 o`July, 1997 Sharyn Fr r ' Secretary 972592 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Younger USR-1158 1. A Site Specific Development Plan and a Special Review Permit for a livestock confinement operation consisting of a 4,000 head poultry(ducks) operation with associated structures in the A(Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning Services). 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Department of Planning Services). 3. The applicant shall remove, handle, and stockpile manure 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,tiles,insect pests,or pollutant runoff. The surfaces beneath the manure storage and composting 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. (Weld County Health Department). 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health Department). 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include the on- site burial of dead ducks or eggs. (Weld County Health Department). 6. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Weld County Health Department). 7. In accordance with C.R.S.25-1-612 the applicant shall not place any dead ducks in any manure piles or within one (1) mile of any residence. Dead ducks shall not be placed in manure piles to be relocated within one(1)mile of a residence in the future. Dead ducks shall either be incinerated in an approved incinerator unit or disposed of by alternative methods approved by the Weld County Health Department. If final disposal of eggs or dead ducks is more than 24 hours after initial disposal,dead ducks shall be maintained in a frozen state. (Weld County Health Department). 8. Fugitive dust shall be controlled on this site. (Weld County Health Department). 9. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A), as measured according to 25-12-102, Colorado Revised Statutes. (Weld County Health Department). 10. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. (Weld County Health Department). 11. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and Section 47 of the Weld County Zoning Ordinance. (Weld County Health Department/Department of Planning Services). 12. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health Department). 9'72,. *2 DEVELOPMENT STANDARDS, USR-1158 James Younger Page 2 13. 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 Hearth 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 also be implemented in the event the Weld County Health Department receives a significant number of fly (associated with facility) complaints and in the judgement of the Health Officer,there exists a fly condition requiring abatement. (Weld County 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. 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 judgement to the Weld County Health Officer there exists an odor condition requiring abatement. (Weld County Health Department). 15. The facility shall operate in accordance with its approved manure and waste water management plan. (Weld County Health Department). 16. All activities associated with the processing facility shall comply with the requirements of the U.S. Department of Agriculture. (Weld County Health Department). 17. The site shall maintain compliance at all times with Sections 24.5 and 24.6 of the Weld County Zoning Ordinance. (Department of Planning Services). 18. 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. (Weld County Health Department/Department of Planning Services). 19. The Special Review area 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 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. (Department of Planning Services). 20. 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. (Department of Planning Services/Weld County Health Department). 9 2e"`!2 Hello