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Home My WebLink About20190568.tiffEXHIBIT BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION N D D 5 lit)V218- OIOZ RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope. that the following resolution 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 APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR18-0102 18-0102 ENGLISH FEEDLOT 2 LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL. ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS FOR ANIMAL WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING OF POULTRY LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT. SW4 SECTION 8. Ti N. R65W EXCEPT FOR A STRIP ALONG THE EASTERLY BOUNDARY APPROXIMATELY 704 FEET WIDE OF THE 6TH P.M., WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 3.300 FEET WEST OF CR 41, 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.B.2 A.Policy 2.2. states -Allow commercial and industrial uses. which are directly related to or dependent upon agriculture. to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The proposed facility is located adjacent to an existing feedlot and cropland. This use will process animal waste located on an adjacent property. Section 22-2-20.B.3. A.Policy 2.3. states -Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production. farming, greenhouse industries. landscape production and agri-tainment or agri-tourism uses." This proposed facility will process waste associated with an offsite poultry processing facility. Section 22-2-20.G.1 A.Policy 7.1. states -County land use regulations should support commercial and industrial uses that are directly related to. or dependent upon, agriculture, to locate within the agricultural areas. when the impact to surrounding properties is minimal. or can be mitigated. and where adequate services are currently available or reasonably obtainable. The proposed facility will recycle waste associated with an existing poultry processing facility and will turn it in to an agricultural product (fertilizer). The proposed use is in an area that can support this development. the Development Standards, and the Conditions of Approval (including hours of operation. offsite dust and odor standards) will assist in mitigating the impacts of the facility on the adjacent properties and RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 2 ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.B of the Weld County Code allows Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (Processing of Poultry litter) as a Use by Special Review. Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right." The proposed use is in an area that can support this development and the existing Development Standard and the Conditions of Approval (including development standards limiting hours of operation. dust and odor) will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of cropland, a feedlot (immediately to the south) and rural residences. The four (4) closest residences are located approximately 2,300, 2,200, 1,400 and 1,150 -feet to the west, north and east of the proposed facility. A 200 -head dairy (approved under SUP -352) is located to the southeast. Oil and gas production activity is currently occurring on the property to the west. No phone calls or letters have been received from surrounding property owners regarding this application. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral areas of the City of Fort Lupton, Town of Hudson and Town of Lochbuie. The proposed use is located within the Fort Lupton/Weld County Cooperative Planning Agreement boundary. The City of Fort Lupton was notified of the request prior to setting up the application. The City of Fort Lupton at this time indicated that is located to the east of their comprehensive plan eastern boundary. The City of Fort Lupton in their referral comments, dated 10/24/18 indicated that they have no conflicts with their interests. No referral responses have been received from the Town of Hudson and the Town of Lochbuie. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 3 County -Wide Road Impact Fee Program. the County Facility Fee and Drainage Impact Fee Programs. F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 3.6 acres delineated as "Other" and "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed facility is located adjacent to an existing agricultural business (feedlot). The proposed facility is an agricultural related use and encompasses only 3.6 acres on a 113 -acre parcel. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants 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 recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. An Improvements and Road Maintenance Agreement is required at this location. This agreement shall include but is not limited to, potential triggered off -site improvements, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral. and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The applicant shall address the comments of the Colorado Division of Water Resources re: storm water detention and infiltration facilities as stated in their referral dated 10/24/2018. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Water Resources) E. The recorded exemption RECX18-0167 plat shall be approved by the Department of Planning Services and submitted for recording. (Department of Planning Services) F The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0102 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 4 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the lighting which shall adhere to the Weld County Code and the dark sky policy. (Department of Planning Services) 6. All signs shall be shown on the map and shall adhere to Chapter 23. Article IV Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The map shall delineate the parking area for the vendors. customers and/or employees. (Department of Planning Services) 8. County Road 41 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 9. County Road 10 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. Show and label the approved access locations. approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11. Show and label the approved tracking control on the site plan. (Department of Public Works) 12. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 13. Show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Public Works) 14. Show and label the accepted drainage features. Stormwater ponds should be labeled as 'Stormwater Detention. No -Build or Storage Area' and shall include the calculated volume. (Department of Public Works) 15. Show and label the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 17. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 5 Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012. should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp. .shx. .dbf. .prj) with a defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control. (Department of Public Works) If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Johnson. VOTE For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Elijah Hatch Skip Holland The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 6 CERTIFICATION OF COPY I, Michelle Wall. 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 January 15. 2019. Dated the 15th of January. 2019 1/41Y14:auWatt Michelle Wall Secretary RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ReNewTrient II LLC USR18-0102 A Site -Specific Development Plan and Use by Special Review Permit. USR18-0102. for Agricultural Service Establishments primarily engaged in performing agricultural. animal husbandry or horticultural services on a fee or contract basis including: Animal Waste Recycling or Processing Facilities (Processing of Poultry litter) in the A (Agricultural) Zone District, 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 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The regular hours of operation are 7:00 a.m. — 7:00 p.m. Monday — Sunday. Hours of operation may expand during the spring and fall prior to spring planting and after fall harvest. as stated in the application materials. (Department of Planning Services) 4. The number of full-time on -site employees shall be 2. as stated in the application materials. (Department of Planning Services) 5. All signs shall adhere to Chapter 23. Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 30-20- 100.5. C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5. C.R.S. or those described in the approved Composting Plan. (Department of Public Health and Environment) 8. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust. fugitive particulate emissions, blowing debris. and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14. Article 1 of the Weld County Code and as described in the approved Composting Plan. (Department of Public Health and Environment) 9. The facility shall receive and process only those materials that are described in the submitted application materials. (Department of Public Health and Environment) 10. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and Environment, as applicable. 11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 12. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department of Public Health and Environment) RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 8 13. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented, at the request of the Weld County Department of Public Health and Environment, 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. (Department of Public Health and Environment) 14. A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division, as applicable. (Department of Public Health and Environment) 15. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 16. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 17. The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining to Fertilizers and Soil Conditioners (8 CCR 1202-4). (Department of Public Health and Environment) 18. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 19. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15. Article I and II, of the Weld County Code. (Department of Public Works) 22. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 24. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 25. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 26. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 27. Access will be along private property lines and maintenance of the access road will not be the responsibility of Weld County. (Department of Public Works) 28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 9 29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct. nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with. or construed as, traffic control devices. (Department of Planning Services) 31. Building permits may be required. per Section 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld County: 2012 International Codes. 2006 International Energy Code. and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 32. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 33. Necessary personnel from the Weld County Departments of Planning Services. Public Works. and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 34. The Use by 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 County 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. (Department of Planning Services) 35. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 36. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit. and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 37. 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 Public Health and Environment) 38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources. including. but not limited to. sand and gravel. oil. natural gas. and coal. Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's commercial mineral deposits are essential to the states economy: (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times. mineral resource sites are fixed to their geographical and geophysical locations. Moreover. these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. RESOLUTION USR18-0102 ENGLISH FEEDLOT 2 LLC PAGE 10 39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views. spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. EXHIBIT M,nu+C3 I//5//9 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 15, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair. Michael Wailes. at 12.30 pm. Roll Call. Present: Michael Wailes. Bruce Sparrow. Bruce Johnson. Gene Stille. Tom Cope. Lonnie Ford. Richard Beck. Absent: Elijah Hatch. Skip Holland. Also Present. Kim Ogle, Chris Gathman. Diana Aungst, Michael Hall. Angela Snyder, Department of Planning Services, Lauren Light and Ben Frissell. Department of Health: Evan Pinkham. Mike McRoberts and Hayley Balzano. Public Works: Frank Haug. County Attorney. and Michelle Wall, Secretary. Motion: Approve the December 18. 2018 Weld County Planning Commission minutes. Moved by Gene Stifle. Seconded by Bruce Sparrow. Motion passed unanimously. The Chair called a recess at 1 37 pm and reconvened the hearing at 1 46 pm. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR18-0102 ENGLISH FEEDLOT 2 LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL. ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS FOR ANIMAL WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING OF POULTRY LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT. SW4 SECTION 8 Ti N R65W EXCEPT FOR A STRIP ALONG THE EASTERLY BOUNDARY APPROXIMATELY 704 FEET WIDE OF THE 6TH P.M.. WELD COUNTY COLORADO NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 3.300 FEET WEST OF CR 41 Chris Gathman. Planning Services. presented Case USR18-0102. reading the recommendation and comments into the record. Staff received a phone call from a surrounding property owner yesterday who had concerns about odor and the potential for disease. This morning staff received a letter from a surrounding property owner addressing their concerns with flies and brown beetles. odor, unsightly smoke, health and the well-being of family. pets and livestock. Mr. Gathman explained he wasn't sure if these comments/complaints are regarding the already established English Feedlot that is located on the property next to this proposed site as this USR is proposed and is not currently operating. The applicant responded to the surrounding property owner's concerns that their processing site would heat the litter to 170+ degrees which will kill insect larvae and bacteria. raw litter will be processed regularly and final product will be shipped offsite or sealed in 1 -ton supersacks. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Hayley Balzano. Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. Ryan Brandt. ReNewTrient II LLC 33272 Oasis Road. Center City. Minnesota. Mr. Brandt is working alongside with Farm Nutrients who has a contract with Sparboe Farms to process raw poultry litter into 3/8" pellets. The pellets will be land applied to organic crops in farm fields. The pelletizing equipment heats the poultry litter to 170+ degrees which kills pathogens as well as insect larvae or any insect activity. The final product of pellets will leave the site in either one -ton super sacks or by bulk truckload There may be times the one -ton super sacks are stored on the property for a short time. Commissioner Sparrow stated that chicken manure has a lot of ammonia in it and he asked the applicant if there was going to be a lot of odor coming from the product. Mr. Brandt explained that the poultry litter here is about 85 percent total solids and 15% moisture: therefore. decreasing odor. Mr. Brandt said the raw litter will have some ammonia coming off unabated. but this process would bind the raw litter by removing the moisture and sealing it into a pellet. Mr. Brandt said they met with the appropriate personnel to discuss the air permitting process and were told they need to get an APEN. Commissioner Cope asked where the raw poultry litter was stored and how the product was getting to their facility. Mr. Brandt explained the stockpiles are at English Feedlot 2 which is adjacent to the pellet processing building. Commissioner Stille asked if chicken feathers. wasted feed or any other animal product end up in the piles. Mr. Brandt said a small amount does, but they cannot process that. Commissioner Stille asked if the operation was 24/7. Mr. Brandt said the hours of operation will be from Monday — Sunday from 7 am to 7 pm Commissioner Sparrow asked if the applicant plans on composting chickens. Mr. Brandt said they will not. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mary Lou Green. 19226 County Road 12, Hudson, Colorado. Ms. Green said she owns the 240 -acre property located adjacent to the site. She is concerned about the odor. mice. and diseases associated with chickens and manure. Ms. Green said she does not feel this is safe for the environment or her family. She said this is their family farm. They have 22 heads of cattle that they are also concerned for. Blas Chavez. 19264 County Road 12. Hudson. Colorado. Mr. Chavez said he lives next door to the English Feedlot. He said there is a lot of odor from the chicken manure piles and that they have had stockpiles for a couple of years. Mr. Chavez is concerned for him and his family's health. He said the feedlot has trucks bringing in the manure and removing it. The piles sit there for a couple of months before they are removed. Mr. Chavez said one time the manure piles started on fire and the smoke was really bad. He said they load their trucks right next to his fence and the dust is so bad he cannot see the truck they are loading. Mr. Chavez is concerned if English Feedlot is permitted to have the chicken manure. Martina Torres. 4207 County Road 39. Hudson. Colorado. Ms. Torres said after she received the application review notification postcard in the mail. she has been skeptical about the process and has been doing research. She said she has read many articles that stated ammonia and other chemicals are hazardous to health. Ms. Torres is concerned for her children and grandchildren who live on the property as well. She said they have little brown insects now that they didn't have before. Ms. Torres said she has owned her property for 18 years. The Chair asked the applicant if the chicken litter on the property belongs to English Feedlot and not the applicant. Mr. Brandt said that is correct. Commissioner Wailes wondered if English Feedlot has a USR for the manure storage or if that is a use by right. Mr. Gathman said there is an old USR on the property from the 1970s for English Feedlot. He said the fact that English Feedlot is hauling in chicken manure from an offsite chicken operation does raise a question. Commissioner Cope stated that the feedlot is cattle, so the chicken manure is not produced on site: therefore. the site could be in violation. He said the applicant is proposing to use the chicken manure from the English Feedlot to process into pellets and is concerned that the piles are not permitted to be there. The Chair explained that as far as this application goes. the storage of chicken litter on English Feedlot is not part of this proposed USR. Commissioner Beck said he didn't think the Planning Commission could avoid the fact that this company plans to use chicken product from the site next door that may not be properly permitted. Mr. Haug explained the Planning Commission needs to make sure that the County Code Section 23-2-220 and those 7 criteria are met in relation to this particular application, Mr. Haug said. in regards to the storage of manure on English feedlot, research will need to be done to find out if the composting is a use by right. Commissioner Sparrow asked staff how the County will monitor the odor coming from the applicant's site when the site next door has chicken manure piles as well. He wondered how the two sites can be monitored separately. Mr. Gathman said research will have to be done to figure out if the composting is a use by right. Commissioner Cope asked the applicant if they have space on their site for delivery of chicken litter prior to processing. The applicant said that they did. Both Commissioner Cope and Beck shared their concerns about the source of where they are getting their chicken litter from because it is out of the applicant's control. Mr. Brandt said that they would be open to having the manure stored on their site where they would have control. The applicant proposed the USR with the current process operating next to their site. Commissioner Sparrow asked the applicant how much they will process each day. Mr. Brandt answered 60 tons. Commissioner Sparrow asked how many gallons of moisture from the litter will be let into the air and cause odor. Mr. Brandt explained that their facility has to be between 12 and 15 percent total moisture in order for there to be enough binding for poultry litter to become a fertilizer pellet. They do not want to lose a lot of moisture: they want to heat the litter to pasteurize it. Commissioner Sparrow asked the staff how the County makes sure the process is not too offensive to the neighbors. Mr. Brandt explained they want to be a good neighbor and they are willing to work with the neighbors and County to improve anything they can under their control. He explained it will not be an odor free facility but that it would be less then composting which is what is going on next door. Mr. Brandt said they could limit the storage of raw litter on their property to be processed. Commissioner Beck asked the staff what department within the County does a property owner file a complaint about a neighbor. Mr. Gathman explained complaints on land use can be directed to the Planning Department and odor issues can be directed to Environmental Health. Mr. Brandt said he spoke with English Feedlot today and was informed there is currently no chicken manure stored on their site. it has all been removed. Mr. Frissell explained the County does not normally regulate third -party transfers from farms. dairies. feedlots. etc. He said that agricultural facilities are exempt from nuisance conditions. Mr. Frissell explained that this processing facility would be exempt from solid waste regulations and would need to be registered as a member of the Department of Agriculture and follow their regulations. He said for this particular USR. Environmental Health would require a 15 to 1 pollution threshold for odor which is agricultural standard. Environmental Health has inspectors that can take odor readings and determine if the odor is from the site or offsite. Commissioner Cope read Development Standards 6. 7 and 8 and said he feels these development standards cover the nuisance issues. The Chair asked the applicant if they would be able to store the chicken litter indoors. The applicant said they do not have the room to store inside the building. Commissioner Johnson asked how long the average outdoor storage of raw material would be before it is processed into pellets. Mr. Brandt said approximately 30 days. Commissioner Johnson asked the applicant if it would be possible to store the raw material in a bag or sack to contain the odor. Mr. Brandt said he doesn't believe so because he thinks that would cause active composting and that it would be better for them to process the litter as quickly as possible. The Chair asked the staff if they have any changes or additions to amend Development Standards or Conditions of Approval. Mr. Frissell said Environmental Health would like to add a Development Standard based on the applicant's response. The wording reads, The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. Motion: Add Development Standard 10, as recommended by Staff. Moved by Tom Cope, Seconded by Bruce Sparrow. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0102 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Tom Cope. Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope. Commissioner Cope said he felt all 7 criteria under County Code Section 23-2-220 were met and agreed with staff recommendation. Meeting adjourned at 5:05 pm. Respectfully submitted, jinealliged Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip ...- tibia .... 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