HomeMy WebLinkAbout20181327.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
3MJUSR18-95-1092
OPAL FOODS, LLC
KIM OGLE
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 USES
SIMILAR TO THE USES LISTED AS USES BY SPECIAL REVIEW AS LONG AS THE
USE COMPLIES VVITH 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.
SE4 AND SW4 SECTION 12, T2N, R63W AND SE4/S1100' OF THE NE4 AND THE
NE4 IN SECTION 13, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 73; 1 MILE NORTH OF CR 18.
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.
It is the opinion of the Planning Commission hat 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 ,'and use change.-
RESOLUTION 3MJUSR18-95-1092
OPAL FOODS, LLC
PAGE 2
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.
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 23-3-40.6.16 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.
RESOLUTION 3MJUSR18-95-1092
OPAL FOODS, LLC
PAGE 3
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.
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
RESOLUTION 3MJUSR18-95-1092
OPAL FOODS, LLC
PAGE 4
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)
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-O 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)
RESOLUTION 3MJUSR18-95-1092
OPAL FOODS, LLC
PAGE 5
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)
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)
RESOLUTION 3MJUSR18-95-1092
OPAL FOODS, LLC
PAGE 6
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 septic
systems located on the site property or associated with the business that service over 20 individuals that
+-s e+per 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)
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)
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Lonnie Ford
Richard Beck
Against Passage Absent Abstain
Gene Stille
Tom Cope
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.
CERTIFICATION OF COPY
I. Kristine Ranslem, 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 April 3, 2018.
Dated the 3rd of April, 2018
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Opal Foods Inc.
3MJUSR18-95-1092
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) ZoneDistrict, 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)
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. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation 81
(5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall be no discharge of manure or process
wastewater, except as provided in the facility's Colorado Discharge Permit. (Weld County Department
of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. 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)
25 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 facilityand in the judgment of the Weld County Health Officer. there
exists a fly condition requiring abatement. (Weld County Department of Public Health and Environment)
26. 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)
27. The applicant shall remove, handle. and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath
the manure storage areas shall be of materials which are protective of state waters. These areas
shall be constructed to minimize seepage or percolation of manure contaminated water. In no event
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 designated manure storage areas. The facility shall maintain evidence that it has the
ability to prevent the stockpiling of manure on the property outside of designated manure storage areas.
(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 chem Gals 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; 2-14
2017 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.
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.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.
PG (fl,no-tes
O(4 /03/ 18'
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 3, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck,
Terry Cross, Tom Cope.
Absent: Gene Stille
Also Present: Kim Ogle, Chris Gathman, Ryder Reddick, Michael Hall, and Angela Snyder, Department of
Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley
Balzano, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
3MJUSR18-95-1092
J U S R 18-95-1092
OPAL FOODS, LLC
KIM OGLE
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 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.
SE4 AND SW4 SECTION 12, T2N, R63W AND SE4/S1100' OF THE NE4 AND
THE NE4 IN SECTION 13, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO CR 73: 1 MILE NORTH OF CR 18.
Kim Ogle, Planning Services, presented Case 3MJUSR18-95-1092, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. Mr. Ogle added that they would like
to correct Development Standard 36 to reflect the 2017 National Electrical Code that was recently adopted
by the Board of County Commissioners.
Commissioner Cope stated that he has worked on this facility previously and would like to excuse himself
from this case.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the property.
Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell requested to amend Condition of Approval 6.B.,
add new Development Standard 20, and amend Development Standard 27 for clarification purposes.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, stated that the applicant is requesting to amend the
existing permit from 1.53 to 4.5 million birds, including 24 new poultry barns, 6 pullet barns, processing
facility, a proposed feed mill and grain storage located on approximately 640 acres. The project is planned
to be constructed in phases.
1
Mr. Naylor said that originally they requested 4.5 million birds in their application; however, they have scaled
that number back. He added that for this amendment, however, they will continue to request up to 4.5
million birds.
Commissioner Johnson asked how they will control odor and disease migration. Brock Peterson, Opal
Foods, said that chickens are very susceptible to aviant influenza, therefore they keep the facilities very
clean and the pullet facilities will prevent bird movement. He added that chicken manure is best controlled
when it is dry, therefore the systems on site are designed to dry the manure and the manure is stored
indoors.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joel Shoeneman, 8672 CR 73, stated that he is concerned with the increase of employees and the increase
of traffic. He suggested acceleration and deceleration lanes to prevent potential accidents. Additionally,
Mr. Shoeneman expressed concern for the amount of water available, the potential for buildings built in the
floodplain, odor from the manure, flies and the trash blowing from the site.
Laurene Grabowski, 9061 Apache Road, Longmont, Colorado asked what happens with the chemicals
when they are washed off the trucks.
Mr. Naylor said that at this time they do not anticipate building the two proposed barns on the south end of
the facility. He added that when or if they do build those they will get the appropriate Floodplain Permits.
Mr. Naylor said that there are approved wells for 129 acre feet of water for the facility and they are in the
final process for designation of water rights from Laramie Fox Hills and they are also adjudicating a well for
commercial use to a total water available amount of over 500 acre feet of water. He added that 4.5 million
birds will required about 300 acre feet of water.
Mr. Naylor said that they will mitigate the flies and odor concerns through their Nuisance Management Plan.
He provided a brief explanation of how the manure will be dried and the flies mitigated.
The Chair referred to Staffs recommendation of correcting Development Standard 36 reflecting the 2017
National Electrical Code.
Motion: Amend Development Standard 36, as recommended by Staff, Moved by Bruce Sparrow,
Seconded by Bruce Johnson. Motion carried unanimously.
Mr. Frissell suggested adding a Development Standard 20 that states "The facility shall operate in
compliance with Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81) and 61 (5
CCR 1002-61). There shall be no discharge of manure or process wastewater, except as provided in the
facility's Colorado Discharge Permit".
Mr. Frissell recommended amended Development Standard 27 to read "With the exception to emergency
conditions, no manure shall be stored on the property, outside of the designated manure storage areas.
The facility shall maintain evidence that it has the ability to prevent the stockpiling of manure on the property
outside of designated manure storage areas".
Motion: Add Development Standard 20 and amend Development Standard 27, as stated by Staff, Moved
by Bruce Johnson, Seconded by Lonnie Ford. Motion carried unanimously.
Mr. Frissell requested amended Condition of Approval 6.C to read "The applicant shall submit evidence of
an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any septic systems located on the property or associated with the business that service
over 20 individuals. Alternately, the applicant can provide evidence from the EPA that they are not subject
to the EPA Class V requirements.
2
Motion: Amend Condition of Approval 6.C, as stated by Staff, Moved by Bruce Johnson, Seconded by
Michael Wailes. 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 asked for clarification on
Development Standard 26 as he believes that language is what Regulation 81 and 61 already state. He
referred to the sentence regarding the areas that shall be constructed to minimize seepage or percolation
of manure contaminated water and said that the stormwater pond is required to have seepage requirements
not the entire manure storage area. He said that it seems this language is redundant to Regulation 81
which the facility must adhere to.
Mr. Frissell stated that this language is placed on all of the CAFO facilities in the County. Nuisance
conditions can be determined by the County and don't have to be necessarily outlined by the State, as this
gives the County the ability to assess that situation. He agrees that the last sentence regarding Regulation
81 may be removed as that is covered in other places in the Staff Report.
Mr. Naylor recommended leaving the first and second sentence as there are enough development
standards in there that address everything they would be reviewing.
Motion: Amend Development Standard 26 to read "The applicant shall remove, handle, and stockpile
manure from the livestock area in a manner than 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', Moved by Jordan Jemiola, Seconded by Richard Beck.
Motion: Amend the motion to amend Development Standard 26 to read "The applicant shall remove,
handle, and stockpile manure from the livestock area in a manner than will prevent nuisance conditions.
The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors,
flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials
which are protective of state waters. These areas shall be constructed to minimize seepage or percolation
of manure contaminated water", Moved by Bruce Johnson, Seconded by Lonnie Ford.
The Chair called for a vote to the first motion.
Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 1).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Terry Cross.
No: Jordan Jemiola, Michael Wailes, Richard Beck.
Abstain: Tom Cope.
Bob Choate, County Attorney, clarified that there is a motion on the floor to amend Development Standard
26 to delete the last sentence alone.
The Chair called for a vote.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 1).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross.
No: Richard Beck.
Abstain: Tom Cope.
Mr. Naylor said that the manure storage areas are not required to have protected ground, but if this is the
decision of the Board then they will accept it.
The Chair clarified if the applicant is in agreement with the amended Development Standards and
Conditions of Approval. The applicant replied that they are in agreement.
Motion: Forward Case 3MJUSR18-95-1092 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 1).
3
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross.
Abstain: Tom Cope.
Meeting adjourned at 7:46 pm.
Respectfully submitted,
. ,.1 J
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John poe
123 Nowhere Street, City, State, Zip
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