HomeMy WebLinkAbout20181338.tiffHEARING CERTIFICATION
DOCKET NO. 2018-38
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY SPECIAL
REVIEW PERMIT, 3MJUSR18-95-1092, FOR AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY OR HORTICULTURAL SERVICE ON A FEE OR CONTRACT
BASIS, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (L.C.O) (4.5 MILLION
POULTRY BIRDS) AND USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT (FEED MILL, GRAIN AND/OR FEED STORAGE,
IN -LINE POULTRY BARNS, PULLET BARNS, EGG PROCESSING PLANT AND
APPURTENANCES ASSOCIATED WITH A COMMERCIAL EGG FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - OPAL FOODS, LLC
A public hearing was conducted on May 2, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated March 15, 2018, and duly published March 20,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Opal
Foods, LLC, for a Site Specific Development Plan and 3rd Amended Use by Special Review
Permit, 3MJUSR18-95-1092, for Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural service on a fee or contract basis,
including a Livestock Confinement Operation (L.C.O) (4.5 million poultry birds) and uses similar
to the uses listed as Uses by Special Review as long as the use complies with the general intent
of the A (Agricultural) Zone District (feed mill, grain and/or feed storage, in -line poultry barns,
pullet barns, egg processing plant and appurtenances associated with a commercial egg facility)
in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter
of record.
Chair Pro -Tern Kirkmeyer reviewed for the applicant and the public, the procedures to follow
should this case result in a tie vote due to four Commissioners being present and Commissioner
Moreno excused.
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Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and stated the site is not located in the three (3) mile referral area of any municipality. He
described the adjacent land uses and stated there was one (1) phone call received and no other
correspondence regarding this application. Mr. Ogle explained that Opal Foods acquired the
property in 2014, and is requesting to increase the livestock capacity from 1.53 million birds to
4.5 million birds and will construct additional structures to accommodate the growth based on
market demand. He stated the site will operate 24/7 and will have up to 150 full-time employees
with an additional unknown number of truck drivers for load out and feed delivery. He described
the site as lands not developed non -irrigated rangeland and stated 18 referrals were sent out with
three (3) agencies responding with comments that have been considered in the staff
recommendations. He displayed images of the site and surrounding views, the bio-security
entrance, the site plan for the new buildings, and entered the favorable recommendation of the
Planning Commission into the record as written.
Evan Pinkham, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements, stating the site accesses off of County Road (CR) 73;
however, the applicant submitted an incomplete access permit application and staff will need to
review a complete submittal and grant the Access Permit during the Building Permit process. He
provided the average daily traffic count with truck percentages and reported that the Department
of Public works received two (2) different traffic studies from the applicant, one was received
October 11, 2017, with the original application materials, and the second was received March 27,
2018. He reviewed the trip generations created by the expanded use of this operation, and stated
the site meets exception 15 for confined animal feeding operations, so the requirement for a
detention pond is waived. He stated staff is requiring an Improvements Agreement and he
reviewed the grading stipulation. In response to Commissioner Cozad, Mr. Pinkham staff based
their recommendations on the original traffic study submitted with the application materials
because the updated study was not submitted in a timely fashion prior to Planning Commission.
He noted the updated study showed a reduction in trip generation to alleviate certain
improvements and staff did not feel these new numbers could be accurate based on the
information provided. In response to Commissioner Freeman, Mr. Pinkham agreed there is an
existing access; however, with the new information based on the expansion it would need to be
updated to provide an additional access to the north and a new Permit will be issued, as is
customary. In response to Commissioner Cozad, Mr. Pinkham assured the Board the procedures
are common practice and there is no additional fee involved.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the application materials indicate there will be up to 150 on -site employees that
may use the site at full buildout and he explained the site is currently serviced by two (2)
commercial septic systems, one sized for 40 employees and one sized for 25 employees. He
clarified that a new septic system will need to be installed if employee numbers dictate the need.
Mr. Frissell stated water service is provided through the use of a commercial well and reported
the site is currently involved in non -transient sampling. He stated floor drains are proposed to be
used and they will drain into dedicated vaults. Mr. Frissell stated Development Standards (DS)
#13-34 address typical Environmental Health items.
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El Tim Naylor, AGPROfessionals, represented the applicant and displayed a PowerPoint
presentation. He stated Opal Foods is a national company based out of Missouri and he reviewed
the various locations in other states and mentioned the company president, Mr. Brock Peterson,
is present. He stated the applicant is proposing to expand the facility from 1.5 million birds to 4.5
million birds and construct the structures needed to accommodate the expansion. Mr. Naylor
explained the site is approximately 640 acres and located two miles south of Roggen. He reviewed
the new structures and provided a site plan to display housing for the adult birds, pullet barns,
and future feed mill, and clarified that the existing facility and processing plant will remain. He
explained the egg distribution to include both local deliveries and deliveries as far west as
California. Mr. Naylor explained the incomplete access application and pointed out the access
locations on the map. Further, he explained the traffic report variations, phase buildouts, hours of
operation, and reviewed code compliance and compatibility. He also reviewed the Manure
Management Plan Nuisance Management Plan, and requested clarification on the requirement
for two (2) turn lanes. In response to Chair Pro -Tern Kirkmeyer, Mr. Naylor confirmed the request
reduction from 4.5 million birds to 3.2 million birds.
El Mr. Peterson stated it makes sense economically to increase to 3.2 million chickens
immediately; however, he requested it be allowable to expand to 4.5 million birds in the future, if
possible. He explained the current water supply will support the 3.2 million birds and if more water
becomes available, he asserted a future expansion to 4.5 million birds would be optimal.
Joel Shoeneman, surrounding property owner, stated he lives 1/4 mile from the operation
and he cited concerns to include trash blowing and getting caught on the fenceline, questionable
water supply for the birds, concern regarding drilling more wells into the Laramie Fox Hills
formation and decreasing water levels as he has already had to add two (2) extensions to his
well. He questioned if the applicant will use a Class 5 injection well system to get rid of water and
stated concerns with potential contamination. Mr. Shoeneman expressed concerns over there
being many dead chickens to deal with and what that will contribute to nuisance conditions such
as flies and smell. He stated flies are already a problem in the area making it hard to want to sit
outside and he requested clarification regarding the Manure Management Plan as the smell is
horrible and he wishes he lived elsewhere every time a manure truck goes by. He reiterated the
concern regarding the Laramie Fox Hills water supply and requested the Board consider his
concerns. In response to Commissioner Conway, Mr. Shoeneman reported that Mr. Naylor stated
the wells produce about 129 acre feet of water and the total amount they would need is 300 acre
feet of water. He pointed out the floodplain and stated the chicken barns need to be placed on
the other side of the floodplain.
Fi Mr. Naylor stated he appreciates the comments and questions and stated the water rights
will be a combination of the Laramie Fox Hills formation water and the adjudicated Lost Creek
alluvial water and the applicant is putting up a 1.5 million gallon water storage tank which can
provide up to three (3) days of water. He explained once the final determination of water rights is
complete, it will provide approximately 550 acre feet. In response to Commissioner Conway,
Mr. Naylor clarified it will provide six (6) gallons of water per bird. Mr. Naylor explained the
discharge permit and stated the requirement for a Class 5 injection well is not necessary based
on usage of the current septic systems and, if the use exceeds current capacity, the applicant will
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install another commercial septic system to accommodate the need. He explained the dead
chickens are removed regularly.
• Mr. Peterson explained there is daily mortality involved with the operation and dead chickens
are either composted, or they are bagged and put into dumpsters which are hauled off weekly.
He stated there is also the removal of old flocks that reach the lifecycle and those are removed
the same day by a third -party composting site. Mr. Naylor explained fly control and third -party
removal of manure.
• In response to Commissioner Cozad, Mr. Naylor confirmed fly control by parasitic wasps
that do not migrate or sting because they are like a beetle and eat fly larvae in manure. In response
to Commissioner Conway, Mr. Naylor explained manure management in the winter months, and
regarding the floodplain, clarified the applicant is not anticipating constructing the two (2) barns
that were located close to the floodplain in the initial expansion. In response to Commissioner
Cozad, he stated he is not aware of accidents due to trucks entering or leaving the site.
• In response to Chair Pro -Tern Kirkmeyer, Mr. Naylor stated he had some requests regarding
the Conditions of Approval (COA) and the Development Standards (DS). He requested COA #1.A
regarding the Improvements Agreement be amended to reflect potential road improvements when
triggered rather than prior to construction. The Board acquiesced and amended it to read, "An
Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, 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.
Off -site improvements shall be completed when warranted or when future triggers are met."
• Mr. Choate interjected counsel, per County Attorney Bruce Barker, related to the benefit of
including detailed requirements and triggers in the Condition of Approval regarding the
Improvements Agreements and within the Resolution. After further review, the Board opted to
accommodate the applicant and keep the aforementioned language. In response to Mr. Pinkham,
the Board directed Public Works to review the site annually regarding potential triggers.
• Mr. Naylor requested COA #1.B be deleted because they do not have any accesses crossing
anyone else's property. Chair Pro -Tern suggested COA #1.C be amended to delete all but the
last sentence. Commissioner Cozad recommended deleting COA #6.A. Mr. Naylor requested
clarification regarding COA #6.B and COA #6.C as these are also requirements for a Commercial
Building Permit and would be addressed at that time. Mr. Frissell stated these can be deleted as
there are Development Standards that provide similar stipulations. The Board agreed to the
aforementioned amendments.
El In response to Chair Pro -Tern Kirkmeyer, Mr. Naylor requested DS #22 be deleted because
it is covered in the State Regulation #81. Mr. Frissell explained the Board can hold them to these
more stringent Development Standards which include Best Management Practices, or can rely
on Regulation #81. After further discussion with staff and the applicant, the Board agreed to delete
DS #22, #24, #25, and #27, and allow the applicant to operate under the state guidelines of
Regulation #81. Chair Pro -Tern Kirkmeyer suggested deleting the last sentence of DS #16 and
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the first sentence of DS #26. The Board agreed. Mr. Naylor requested clarification regarding
DS #28 and #32. Commissioners Kirkmeyer and Cozad explained the process requiring
notification of compliance advisories is not to be a threat to the USR Permit; however, is to be a
communication to the County to disclose the situation to ensure awareness and compliance
measures are being taken.
In response to Chair Pro -Tern Kirkmeyer, Mr. Naylor indicated on behalf of his client, Opal
Foods, LLC, that they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
Commissioner Conway moved to approve the request of Opal Foods, LLC, for a Site Specific
Development Plan and 3rd Major Amended Use by Special Review Permit, 3MJUSR18-95-1092,
for Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural service on a fee or contract basis, including a Livestock Confinement
Operation (L.C.O) (4.5 million poultry birds) and uses similar to the uses listed as Uses by Special
Review as long as the use complies with the general intent of the A (Agricultural) Zone District
(feed mill, grain and/or feed storage, in -line poultry barns, pullet barns, egg processing plant and
appurtenances associated with a commercial egg facility) in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as amended and entered into the record.
The motion was seconded by Commissioner Cozad who stated for the record that the Board
agrees with all the findings and stated her appreciation for this being an expanded agricultural
project. She further stated the state and federal regulations are stringent and adequate.
Commissioner Conway expressed his appreciation for the neighbor being present and
participating and clarified there is no injection well. He echoed the comments of Commissioner
Cozad. There being no further discussion, the motion carried unanimously and the hearing was
completed at 1:30 p.m.
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This Certification was approved on the 7th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Gil XL;Ok. EXCUSED
Steve F6reno, Ch
Weld County Clerk to the Board
BY:
If
Deputy Clerk to the Bo
APASJA
ttorney
Date of signature: O!0-11-1$
Barbara Kirkmeye'F, Pro-Tem
Sean P. Conway
SEEDlez
DATE
Julie A. Cozad
EXCUSE DATE OF APPROVAL
Mike Freeman
2018-1338
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