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Case Number:
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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: April 3, 2018
3MJUSR18-95-1092
Opal Foods, LLC; c/o Brock Peterson, 16194 Highway 59, Neosho, MO 64850
Tim Naylor, AGPROfessionals, LLC
6050 67th Avenue Suite 200, Greeley, CO 80634
A Site Specific Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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.
South half of Section 12 and East half of Section 13, all in T2N, R63W of the 6th P.M.,
Weld County, CO
West of and adjacent to County Road 73 and 1 mile north of County Road 18.
Size of Parcel: +/- 640.81 acres
Parcel No.s 1303-13-4-00-003
1303-13-1-00-002
1303-12-4-00-003
1303-12-3-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
State of Colorado, Division of Water Resources, referral dated January 30, 2018
▪ Weld County Department of Public Health and Environment, referral dated February 14, 2018
▪ Weld County Department of Public Works, referral dated February 20, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
State of Colorado, Department of Transportation referral dated January 8, 2018
▪ Southeast Weld Fire Protection District, referral dated January 19, 2018
▪ Weld County Zoning Compliance, referral dated January 19, 2018
▪ Weld County Sheriff's Office, referral dated January 22, 2018
Y Weld County Extension Office, referral dated February 8, 2018
3MJUSR18-95-1092
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The Department of Planning Services' staff has not received responses from the following agencies:
Panhandle Eastern Company
• Saddlehorn Pipeline Company
• State of Colorado Parks & Wildlife
• Chesapeake Oil and Gas Company
• Southeast Weld Conservation District
• Saddle Butte Rockies Pipeline Company
• Weld County Department of Building Inspection
• Weld County Office of Emergency Management
• State of Colorado Department of Public Health and Environment
• United States Department of Agriculture, Animal and Plant Health Inspection Service Veterinary
Services (USDA APHIS Vet Services)
3MJUSR18-95-1092
Page 2 of 12
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: April 3, 2018
3MJUSR18-95-1092
Opal Foods, LLC; c/o Brock Peterson, 16194 Highway 59, Neosho, MO 64850
Tim Naylor, AGPROfessionals, LLC
6050 67th Avenue Suite 200, Greeley, CO 80634
A Site Specific Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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.
South half of Section 12 and East half of Section 13, all in T2N, R63W of the 6th P.M.,
Weld County, CO
West of and adjacent to County Road 73 and 1 mile north of County Road 18.
Size of Parcel: +/- 640.81 acres
Case Summary:
Parcel No.s 1303-13-4-00-003
1303-13-1-00-002
1303-12-4-00-003
1303-12-3-00-002
Opal Foods, Inc. acquired the property in 2014 and has operated from this site for approximately 20
years. Opal Foods is requesting to increase the existing livestock confinement operation capacity of
the facility from 1.53 million birds to 4.5 million birds; to add several new structures including up to
fourteen (14) new in- line poultry barns, six (6) pullet barns, expanding the processing plant, adding
a new feed mill and grain storage and appurtenances associated with a commercial egg facility.
The existing poultry barns may be updated or replaced in the future depending on market needs.
The feed storage and milling will be added for the benefit of the facility and the feed will not be sold
and will be utilized on site only. Currently, the facility is purchasing feed from an off -site supplier. The
purchase of feed will continue until the feed mill is complete.
The facility will operate 24 -hours a day, 7 days a week, with the primary operational hours being 5
A.M. to 10 P.M. Per the application there will be up to 150 full time employees on site during the
business day with additional unknown number of truck drivers for load out and feed delivery.
Lands not developed as part of this application will be non -irrigated rangeland. No other landscape
is proposed as water for landscape sustenance and maintenance is not available.
3MJUSR18-95-1092
Page 1 of 12
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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.
2. It is the opinion of the Department of Planning Services' staff 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.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2 - A.Policy 7.2
states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses
should be accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region."
The site has operated as a commercial egg production facility since 1995. This application
seeks to amend the current permit to increase the capacity of the facility from 1.53 million
birds to 4.5 million birds and to add up to fourteen (14) new in- line poultry barns depending
on future density requirements, six (6) pullet barns, processing plant addition, feed mill and
grain storage and appurtenances associated with a commercial egg facility. The existing
poultry barns may be updated or replaced in the future depending on market needs. The
feed storage and milling will be added for the benefit of the facility and the feed will not be
sold. Currently, the facility is purchasing feed from an off -site supplier.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area
or Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is not located within three miles of any municipality.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that County Road 73 is a
paved road and that County Road 20 section line is shown to have 30 feet of unmaintained
section line right-of-way. The Department of Public Works did not have any concerns with the
use of these roads for this USR. The Colorado Department of Transportation did not have
concerns with the use of the County Road 73 at the Interstate 76 interchange.
As a condition of approval, Public Works is requiring an Improvements and Road Maintenance
Agreement is required for off -site improvements at this location. Road maintenance including,
but not limited to dust control, tracking control, damage repair, specified haul routes and future
traffic triggers for improvements will be included
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for
the type and style of development and meets the requirements of county, state and federal rules
and regulations."
The drainage narrative was submitted and reviewed by the Department of Public Works. No
concerns were identified with the drainage narrative.
3MJUSR18-95-1092
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Section 22-2-20.H.8 - A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity to
comment on the proposal."
The USR was sent to nineteen (19) referral agencies including the Office of Emergency
Management, the Division of Water Resources, and the Southeast Weld Fire District. The referral
agencies had 28 days to review this USR and most of them submitted response of 'no concerns'
with the rest submitting comments or conditions that are incorporated as Conditions of Approval
or Development Standards in the staff recommendation.
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.16 of the Weld County Code which allows for A Site Specific
Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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.
Section 23-3-10 - Intent states, "Agriculture in the County is considered a valuable resource
which must be protected from adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural) Zone District is established to
maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural activities and activities related
to agriculture and agricultural production without the interference of other, incompatible land
uses. 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 A (Agricultural) Zone District regulations are
established to promote the health, safety and general welfare of the present and future residents
of the County."
A livestock confinement operation is an agricultural activity located in the A (Agricultural) Zone
District. The proposed USR is in an area that can support this development and the
Development Standards and the 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.
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 dryland agriculture, center pivots, and rural residences. There are
ten property owners and twenty-two properties within 500 feet of the property with five of the
parcels having a rural residence.
There are six (6) USRs within approximately one mile of this site. USR-1090 for Preston Ranch
Ministries for a church a school and multiple dwelling units is located to the east of the site;
2AmUSR-274 for a DCP Gas Processing Plant, USR-208 for a 3600 head feedlot are located
south of the site; to the west are SUP -286 for a gas gathering plant and transfer terminal facilities
for Panhandle Eastern and AmSUP-232 for a NGL facility for Industrial Gas Services and
USR13-0008 for a water pump station, water supply and storage and a communication tower for
Anadarko E&P OnShore, LP are all located to the south and there are no land use permits to the
north of the site.
The Weld County Department of Planning Services has received no letters or telephone calls
objecting to this land use application.
3MJUSR18-95-1092
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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 not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 County -
Wide Road Impact Fee, 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 existing and proposed facility located on soils designated as "Other" totaling 501 acres, and
"Irrigated Land (Not Prime)" totaling 139 acres, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR will not take any "Prime (Irrigated)" Farmland out of
production.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. 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. The Agreement shall
require the construction of the following capital improvements.
Immediate off -site improvements to be completed prior to operation:
a. Design and construct a left deceleration/turn lane on CR 73
b. Design and construct a right deceleration/turn lane on CR 73
c. Design and construct a right acceleration lane on CR 73
d. Design and construct a left acceleration lane on CR 73 (Department of Public Works)
B. 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)
3MJUSR18-95-1092
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C. The estimated water demand of a commercial egg production facility is 6 gallons per 100 chickens per
day, including cooling, but excluding egg washing. The estimated water demand of 4.5 million
chickens is 302.4 acre feet per year. The two existing well permits [53043-F and 45506-F] have a
combined total annual withdrawal of 129 acre-feet per year will not meet the water demands of 4.5
million chickens. The applicant shall submit written evidence from the State of Colorado, Division of
Water Resources that the facility expansion has adequate water, from a legal source to serve the
proposed uses. (State of Colorado Engineers Office, Division of Water Resources)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 3MJUSR18-95-1092. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate 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) If applicable, 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)
6) The map shall delineate the lighting, if applicable. All lighting shall be shielded so that light rays
will not shine directly onto adjacent properties. (Department of Planning Services)
7) County Road 73 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 future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
8) County Road 20 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
9) Show and label the approved access locations, 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)
10) Show and label the approved tracking control on the site plan. (Department of Public Works)
11) 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)
12) Show and label the section line Right -of -Way as "CR 20 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
13) The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater ponds, No -Build or Storage Area" and shall
include the calculated volume. (Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
3MJUSR18-95-1092
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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 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 map 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.).Thisdigitalfilemaybesenttomaps@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)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to the Issuance of Building Permits:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. (Department of Public Works)
B. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day
the applicants shall provide evidence that all requirements of the Colorado Department of Public
Health and Environment, Water Quality Control Division's (WQCD) Regulation No. 22 have been
satisfied. Evidence of compliance shall be provided to the Weld County Department of Public Health
and Environment. Alternately, the applicant can provide evidence from the WQCD that they are not
subject to these requirements. (Weld County Department of Public Health and Environment)
C. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well
permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located
on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from
the EPA that they are not subject to the EPA Class V requirements. (Weld County Department of
Public Health and Environment)
7. 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 map 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)
3MJUSR18-95-1092
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Opal Foods Inc.
3MJUSRI8-95-1092
1. A Site Specific Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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,
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 hours of operation are 24 -hours a day /7 -days a week. (Department of Planning Services)
4. The number of on -site full time employees shall be one hundred fifty (150). (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Weld County Department of Public Health and Environment)
14. 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, Section 30-20-100.5, C.R.S. (Weld County Department of Public Health and
Environment)
15. 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 1 of the Weld County Code. (Weld County Department
of Public Health and Environment)
3MJUSR18-95-1092
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16. 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. The facility should operate in accordance
with their current approved Management Plan for Nuisance Control. (Weld County Department of Public
Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes and adhere
to the Colorado Primary Drinking Water Regulations (5 CCR 1003-1) as applicable. (Weld County
Department of Public Health and Environment)
18. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Weld County Department of Public Health and
Environment)
19. 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. (Weld County Department of Public Health and
Environment)
20. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control
Division, for construction activities. (Weld County Department of Public Health and Environment)
21. Any manure or process wastewater applications shall be at agronomic rates and in accordance with
a Nutrient Management Plan, Manure and Wastewater Management Plan and/or established Best
Management Practices (BMP's). There shall be no discharge from land application areas, except for
agricultural stormwater. (Weld County Department of Public Health and Environment)
22. The facility shall be operated and maintained in a manner to prevent nuisance conditions, in
accordance with the approved Management Plan for Nuisance Control. (Weld County Department of
Public Health and Environment)
23. The facility shall be operated in a manner to control pests at all times, in accordance with the current
approved Management Plan for Nuisance Control. Additional control measures shall be implemented
at the request of the Weld County Department of Public Health and Environment, in the event that
rodents, which can be determined to be associated with the facility, are in such a number to be
considered a nuisance condition. (Weld County Department of Public Health and Environment)
24. The facility shall be operated in a manner to control flies at all times, in accordance with the current
approved Management Plan for Nuisance Control. Additional fly control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment, 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.Additional controls shall also be implemented in the event the Weld
County Department of Public Health and Environment received a significant number of fly complaints
associated with the facility, and in the judgment of the Weld County Health Officer, there exists a fly
condition requiring abatement. (Weld County Department of Public Health and Environment)
25. The facility shall be operated in a manner to control odors at all times, in accordance with the approved
Management Plan for Nuisance Control. 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. (Weld County
Department of Public Health and Environment)
26. 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
3MJUSR18-95-1092
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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 Colorado Water Quality Control
Commission Regulation Number 81. (Weld County Department of Public Health and Environment)
27. With the exception to emergency conditions, no manure shall be stored on the property, outside of the
poultry houses. The facility shall maintain evidence that it has the ability to prevent the stockpiling of
manure on the property. (Weld County Department of Public Health and Environment)
28. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations. There
shall be no open burning except "Agricultural Open Burning" as defined by Colorado Air Quality
Control Regulations. (Weld County Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Weld County Department of Public Health and Environment)
30. Composting operations shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites
and Facilities (6 CCR 1007-2, Part 1) (Weld County Department of Public Health and Environment)
31. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling. All chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations. (Weld County Department of Public Health and Environment)
32. 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. (Weld County Department of Public Health and Environment)
33. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Weld
County Department of Public Health and Environment)
34. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Weld County Department of Public Health and Environment)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. 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)
36. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
37. 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.
38. 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.
3MJUSR18-95-1092
Page 9 of 12
39. 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.
40. 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 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 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.
41. WELD COUNTY'S RIGHT TO FARM: 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.5., 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.
3MJUSR18-95-1092
Page 10 of 12
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, sand burs, 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.
3MJUSR18-95-1092
Page 11 of 12
March 09, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
TIM NAYLOR
3050 67TH AVE
GREELEY, CO 80634
Subject: 3MJUSR18-95-1092 - A Site Specific Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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
On parcel(s) of land described as:
SW4 SECTION 12, T2N, R63W of the 6th P.M., Weld County, Colorado.
SE4/S1100' NE4 SECTION 13, T2N, R63W of the 6th P.M., Weld County, Colorado.
NE4 SECTION 13, T2N, R63W of the 6th P.M., Weld County, Colorado.
SE4 SECTION 12, T2N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 3, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 2, 2018 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfull
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
January 19, 2018
TIM NAYLOR
3050 67TH AVE
GREELEY, CO 80634
Subject: 3MJUSR18-95-1092 - A Site Specific Development Plan and 3rd Amended Use by Special
Review Permit No. USR-1092 (Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Livestock
Confinement Operation (L.C.O.) and uses similar to the uses listed above as Uses by Special Review as
long as the use complies with the general intent of the A (Agricultural) Zone District, commercial egg
production facility) to increase the capacity of the facility from 1.53 million birds to 4.5 million birds in the
A(Agricultural) Zone District. (Opal Foods, Inc. - Roggen Facility)
On parcel(s) of land described as:
SW4 SECTION 12, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SE4 1 S1100' NE4 SECTION 13, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NE4 SECTION 13, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SE4 SECTION 12, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
FIELD CHECK - 3MJUSR18-95-1092
Inspection Date: March 22, 2018
Applicant: Opal Foods, LLC; c/o Brock Peterson, 16194 Highway 59, Neosho, MO 64850
Request: A Site Specific Development Plan and Use by Special Review Permit 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 Section 23-3-40.W 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, gran 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
Legal: S2 of Section 12 and E2 of Section 13, T2N, R63W of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 73; 1.0 miles North of County Road 18
Parcel ID #: Multiple
Acres: 640 +/-
Zoning
Land Use
N
AGRICULTURE
N
Large tract dryland agriculture, no residences
E
AGRICULTURE
E
Woerner Turf Farm, rural residence
S
AGRICULTURE
S
Large tract dryland agriculture, no residences
W
AGRICULTURE
W
Large tract dryland agriculture, no residences
Comments:
The property and current facility is fenced and gated with signs posted incrementally that the facility is a disease
control area. The lone access is via a gated entrance off of CR 73 onto the property. To gain access there is a
structure where a sprayer disinfects the vehicles prior to the vehicle to enter the property. The building appears to be
staffed by two employees.
The existing site has 9 chicken housing units and one distribution warehouse with multiple bays. The remaining
property is in dryland agriculture.
Adjacent properties within the permit area have a residence with outbuildings access drives and a hedgerow of
evergreen vegetation to the north. All other lands consist of irrigated (center pivot) and dryland agricultural lands.
County Road 73 is a paved two lane road which serves as the public right-of-way granting access to the site and to
future improvements as proposed in this application.
Signature
❑ House(s) ❑ Outbuilding(s) ❑ Access to Property
❑ Irrigation Sprinkler ❑ Crop Productions ❑ Site Distance
❑ Non-commercial junkyard - miscellaneous materials/debris on parcel with residence to be demolished
Note any commercial business/commercial vehicles that are operating from the site.
Poultry Barns and Chickens, USR-1092
Hello