HomeMy WebLinkAbout981849.tiff '} 1.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage.by the Weld County Planning
Commission, along with the change in wording from upgrading and paving,'to dust abatement, in Condition
of Approval#2E. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: USR-1197
APPLICANT: Hunt Feedyards, do David Hunt
ADDRESS: 14460 Weld County Road 40, Platteville, CO Fri
PLANNER: Eric Jerman
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural service
Establishment, specifically described as a Livestock Confinement Operation for up tocf0,000
head of cattle.
LEGAL DESCRIPTION: NW4 Section 33 T4N R66W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 40 and East of and adjacent to Weld County
Road 29
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 --That the proposal is consistent with the Weld County Comprehensive
Plan.--A. Goal 1 states a commitment to"preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." Although the site is listed
as Prime Soils by the USDA Soil Conservation Service, the site has not been used for crop
production for at least 25 years. The addition of one more"alley" to the 25 year old feedlot
will not remove farmland from production. A. Policy 1. States that"Agricultural zoning will
be established and maintained to protect and promote the County's agricultural industry."
Livestock confinement operations are an agricultural industry and are considered a Use By
Special Review in the Agricultural Zone as described in the Weld County Zoning Ordinance
(31.4.2)
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. A. Policy 1. States that "Agricultural zoning is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses dependent upon
agriculture without the interference of incompatible residential, commercial, and industrial
land uses." The proposal site is located within the Agricultural Zone district. Livestock
Confinement Operations are allowed as Use by Special Review in the Agricultural Zone
district. (31.4.2)
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES. Livestock Confinement Operations are permitted as a Use
By Special Review in the Agricultural District. (31.4.2) Surrounding uses are agricultural.
The site is not located within the Urban Growth Boundary Gilcrest. The Town of Gilcrest
reviewed the application and found no conflicts with their interests.
EXHIBIT
981849
()Sae. . i1e7
RESOLUTION, USR-1197
Hunt Feedyards
Page 2
d. Section 24.3.1.4 --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. A. Policy 1. States that "Agricultural zoning is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses dependent upon
agriculture without the interference of incompatible residential, commercial, and industrial
land uses." The site is not located within the Urban Growth Boundary Gilcrest. The Town
of Gilcrest reviewed the application and found no conflicts with their interests.
e. Section 24.3.1.5--The site is not located within the Overlay Districts Areas identified by maps
officially adopted by Weld County.
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 has been made to conserve prime agricultural
land in the locational decision for the proposed USE. A. Goal 1 states a commitment to
"preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." Although the site is listed as Prime Soils by the USDA Soil
Conservation Service, the site has not been used for crop production for at least 25 years.
The addition of one more "alley" to the 25 year old feedlot will not remove farmland from
production.
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 attached conditions
of approval & Development Standards ensure 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.
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 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 the Confined Animal Feeding Operations
Control (CAFO) Regulation. This shall be demonstrated by submitting a comprehensive
manure and waste water management plan, for a 10,000 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 year, twenty-four hour storm event. This shall be conducted by a
Registered Professional Engineer . (Health Department)
(2) Demonstration that any existing or proposed waste water retention structure has, or
will be, constructed in accordance with the criteria described in the CAFO
Regulations. This shall be conducted by a Registered Professional engineer.
(Health Department)
(1? Ig Lit
RESOLUTION, USR-1197
Hunt Feedyards
Page 3
(3) 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. (Health Department)
(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. (Health Department)
(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.
(Health Department)
(6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Health Department)
(7) Other necessary measures which are required in order to comply with the CAFO
Regulations. (Health Department)
B) The facility shall demonstrate compliance with Section 47 of the Weld County Zoning
Ordinance. (Health Department)
C) 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. (Health Department)
D) The Weld County Health Department was unable to find septic permits for the septic systems
serving the existing housing units, or either office. Any existing septic system(s)which is not
currently permitted through the Weld County Health Department will require an ISDS
evaluation. In the event the system(s) is found to be inadequate, the system(s) must be
brought into compliance with the current Individual Sewage Disposal System Regulations.
(Health Department)
1) The two (2) septic systems serving the office must be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of observation of the
system and a technical review describing the systems ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Protection
Division of the Weld County Health Department. In the event that the system is
inadequate, the system shall be brought into compliance with current regulations.
(Health Department)
E. Weld County Public Works requires dust abatement of Weld County Road 40 and approach
to feedlot. This will minimize dust and maintenance due to the expansion, heavy hauling and
proximity to the Town of Gilcrest. Applicant shall upgrade the road according to the referral
from the Department of Public Works, dated July 24, 1998. (Public Works)
F. The applicant should provide a letter that verifies an easement or right to enter the Union
Pacific Railroad's 200-foot right-of-way line. (Public Works)
G. Applicant shall designate existing and future parking areas for employees on the plat.
(Public Works)
RESOLUTION, USR-1197
Hunt Feedyards
Page 4
3. The Colorado Department of Transportation (CDOT) reserves the right to review development at
such time that the County determines that the development would increase traffic at the connection
by more than 20%. If changes at the connection are required, an access permit must be obtained
from CDOT. (C.D.O.T.)
4. 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)
5. The Site Specific Development Plan and Use by Special Review Permit shall be amended to include
the specific details of the proposed expansion of feedlot, at the time it is to be built. (Planning)
6. A detailed landscaping plan identifying the number, size and species of landscaping/buffering
materials, shall be submitted to the Department of Planning Services for review and approval. The
plan shall address the buffering of Highway 85 Right of Way and the applicants property line against
views from the Highway and against windblown dust. The plan shall also address maintenance of the
landscaping materials and potential replacement of dying materials. The approved plan shall be
delineated on the plat map. (Planning)
Motion seconded by Bruce Fitzgerald.
VOTE:
For Passage Against Passage
Glenn Vaad
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Bruce Fitzgerald
Michael Miller
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 Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 August 4, 1998.
Dated the 4th of Au st, 1 98.
(thi
Wendi Inloes
Secretary
c- jl y 1
13. The facility shall be operated in a manner that controls odors. The facility shall operate, at all times,
in accordance with the odor abatement plan provided in the application materials. The odor
abatement plan is included in the document, titled Management Plan for Nuisance Control, dated
June 10, 1998. 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.
Additional odor controlling measures 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 of the Weld County Health Officer, there exists an odor
condition requiring abatement. (Health Department)
14. The facility shall maintain records on-site, available for inspection during business hours, at all times,
which demonstrates the following: (Health Department)
A. That the waste water collection and storage facilities are adequately constructed, and sized
to handle a 25-year 24-hour storm event.
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.
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.
15. 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. (Health Department)
16. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance,
at all times, with the pest control plan included in the application materials. The pest control plan is
included in the document, titled Management Plan for Nuisance Control, dated June 10, 1998.
Additional fly control measures 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 or in the event the Weld County Health
Department 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. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Health Department)
18. 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)
19. The facility will employ a maximum of eight employees, not including the owner and owner's family.
(Planning)
20. The hours of operation are up to 24 hours per day for shipping and receiving during harvest.
Equipment operations, trucks, farming activities and maintenance activities other than emergencies
will occur primarily during daylight hours. (Planning)
21. The facility shall be operated in accordance with the approved manure and waste water management
plan. (Health Department)
22. The facility shall install and make operable, sprinkler systems, for dust control, for all pens on the
facility prior to constructing the proposed pens. (Health Department)
I (! `7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David Hunt/Hunt Feedyards
USR-1197
1. The Site Specific Development Plan and Special Use Permit is for expansion of feedlot to 10,000
head of cattle 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. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
4. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance, at all times,
with the dust abatement plan included in the application materials. The dust abatement plan is
included in the document, titled Management Plan for Nuisance Control, dated June 10, 1998. (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 confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as amended. (Health
Department)
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. 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)
11. Wastes 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)
12. 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 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)
23. 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. (Planning)
24. 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. (Planning)
25. Personnel from the Weld County Health Department and Weld County Planning 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 stated herein and all applicable Weld County
Regulations. (Planning)
26. 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. (Planning)
27. 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. (Planning)
28. Hunt Feedyard will continue to provide adequate dust control for residents on the unpaved portion of
Weld County Road 40, east for the first mile. (Public Works)
Hello