HomeMy WebLinkAbout20190567.tiffRESOLUTION
RE: APPROVE 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 FOR ANIMAL
WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING POULTRY
LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENGLISH FEEDLOT 2, LLC,
C/O RENEWTRIENT II, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 13th day of
February, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of English Feedlot 2, LLC, 14111 CR 2, Wiggins, Colorado 80654, do
Renewtrient II, LLC, 33272 Oasis Road, Center City, Minnesota 55012, for 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 for Animal Waste Recycling or Processing Facilities
(processing poultry litter) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption RECX18-0167;
located in part of the SW1/4 of Section 8, Township
1 North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, on February 13, 2019, March 18, 2019, and March 25, 2019 the Board heard
all of the testimony and statements of those present and reviewed the request of the applicant
and, having been fully informed, deemed it advisable to continue the matter to April 8, 2019, at
9:00 a.m., to allow English Feedlot 2, LLC, do Renewtrient II, LLC, adequate time to process and
finalize Recorded Exemption, RECX18-0167, for use in establishing a correct legal description to
house the proposed processing operation, request a partial vacation of the underlying Special
Use Permit, SUP -105, to remove the newly created Recorded Exemption lot, and initiate the
amendment process of SUP -105 on the remainder of the original site, and
WHEREAS, at said hearing on April 8, 2019, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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.
PL (& /-r8), PAC ), £ki (F))
CAC(c)1) &p
0,e1/1
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT
II, LLC
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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.
2) 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 off -site poultry processing facility.
3) 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 into an agricultural product (fertilizer). The
proposed use is in an area that can support this development, and
the Conditions of Approval and the Development Standards
(including hours of operation, off -site dust and odor standards) will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
B. Section 23-2-230.6.2 -- 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
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT
II, LLC
PAGE 3
or contract basis for Animal Waste Recycling or Processing Facilities
(processing of poultry litter) as a Use by Special Review.
1) 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 Conditions of Approval and the Development
Standards (including 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 23-2-230.B.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 Conditions of Approval and
Development Standards 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 23-2-230.6.4 -- 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 the site is located east of their Comprehensive Plan eastern
boundary. The City of Fort Lupton, in their referral comments dated
October 24, 2018, indicated no conflicts with their interests. No referral
responses have been received from the Town of Hudson or the Town of
Lochbuie.
E. Section 23-2-230.6.5 -- 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
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT
II, LLC
PAGE 4
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 23-2-230.6.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of English Feedlot 2, LLC, do Renewtrient II, LLC, for 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 for Animal Waste Recycling or Processing
Facilities (processing poultry litter) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
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 and damage repair to specified haul routes.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0102.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) The map shall delineate the lighting which shall adhere to the Weld
County Code.
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT
II, LLC
PAGE 5
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.
7) The map shall delineate the parking area for the vendors,
customers and/or employees.
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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
10) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall 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.
13) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
14) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Water Quality Capture
Volume (WQCV)" and shall include the calculated volume.
15) The applicant shall show and label the drainage flow arrows.
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, 0/O RENEWTRIENT
II, LLC
PAGE 6
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
17) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) or one (1) paper copy 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 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.
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 be added for each additional three (3) month
period.
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@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
2019-0567
PL2635
SPECIAL REVIEW PERMIT (USR18-0102) - ENGLISH FEEDLOT 2, LLC, CIO RENEWTRIENT
II, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di,tifeivWje&p:ok,
Weld County Clerk to the Board
BY a .
uty Clerk to the Board
Date of signature: O')/0
arbara Kirkmeyed, Chair
Mike�an, Pro-Tem
2019-0567
PL2635
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT II, LLC
USR18-0102
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0102, is
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, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The regular hours of operation are 7:00 a.m. — 7:00 p.m., Monday — Sunday. Hours of
operation may expand to daylight hours during the spring and fall prior to spring planting
and after fall harvest, as stated in the application materials.
4. The number of full-time on -site employees may be up to two (2), as stated in the
application materials.
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.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5 or those described in the
approved Composting Plan.
8. Waste materials shall be handled, stored, and disposed of 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 I, of the
Weld County Code and as described in the approved Composting Plan.
9. The facility shall receive and process only those materials that are described in the
submitted application materials.
10. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, 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.
12. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
2019-0567
PL2635
DEVELOPMENT STANDARDS (USR18-0102) - ENGLISH FEEDLOT 2, LLC, CIO
RENEWTRIENT II, LLC
PAGE 2
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.
14. A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control
Division, as applicable.
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 onsite for less than
two (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. Portable toilets shall be screened from existing adjacent
residential properties.
16. The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Fertilizers and Soil Conditioners (8 CCR 1202-4).
17. 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.
18. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. 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.
24. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
2019-0567
PL2635
DEVELOPMENT STANDARDS (USR18-0102) - ENGLISH FEEDLOT 2, LLC, C/O
RENEWTRIENT II, LLC
PAGE 3
25. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
26. Access will be along private property lines and maintenance of the access road will not be
the responsibility of Weld County.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. 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.
30. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 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.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. The property owner or operator shall be responsible for complying with all 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.
2019-0567
PL2635
DEVELOPMENT STANDARDS (USR18-0102) - ENGLISH FEEDLOT 2, LLC, 0/O
RENEWTRIENT II, LLC
PAGE 4
35. 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 state's
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
36. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2019-0567
PL2635
Hello