HomeMy WebLinkAbout20131773.tiffHEARING CERTIFICATION
DOCKET NO. 2013-32
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0012, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (7,500 -HEAD DAIRY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - PRADO VIEW INVESTMENTS COMPANY, LP
A public hearing was conducted on July 17, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Michelle Martin
Public Works representative, Heidi Hansen
Health Department representative, Troy Swain
The following business was transacted:
a I hereby certify that pursuant to a notice dated May 31, 2013, and duly published June 5,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Prado
View Investments Company, LP, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0012, for an Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including a Livestock Confinement Operation (7,500 -head dairy) in the A (Agricultural) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
a Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. She reviewed surrounding property use and said no letters of concern were
received prior to Planning Commission, but a lighting plan will be required to address the
concerns of the Town of LaSalle (the town board requests that they continue to be involved in
this process and expressed some concern regarding groundwater contamination). In response
to Commissioner Rademacher, Ms. Martin said there were up to 20,000 cows on the site when
it was the Miller Feedlots, and it was certified a non -conforming use. She showed photographs
of the site and the existing landscaping. She said most of the structures will remain and there
will be composting onsite. The applicants will try to re -use as much of the existing material from
the feedlot as possible. In response to Commissioner Rademacher, Ms. Martin described the
proximity of neighbors which may be affected by the composting. She said the applicants have
an agreement with the State that the larger compost pile from the former use clean-up will be
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removed by November.
• Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She said they estimate 35 employee vehicles, with 7-10 truck trips per
day. The applicants are using existing accesses. CDOT would like the applicant's haul route to
be on County Road 35, versus County Road 48. She explained the resolution has some
proposed revisions due to recent changes to staff procedure.
a Troy Swain, Department of Public Health and Environment, reviewed the water and sewer
provisions. He said there is a lot of recent re -development of agricultural property in this area.
a In response to Chair Garcia, Ms. Martin confirmed the previous operation was smaller.
• Glen Czaplewski, AGPROfessionals, LLC, said he represented the Vandernussen Family
and the Prado Dairy, and stated this project is reducing the intensity of use, because a
7,500 -head modern dairy farm is an improvement over a large feedlot. He showed the
proposed site plan and the facility layout and said that cross -vent barns will house the entire
milking herd indoors and reduce nuisances. He noted they are in the overlay district for the
Intergovernmental Growth Boundary of LaSalle, they have met with them and there is a letter of
support from Chief Harvey in the record. He noted there are similar operations already in this
area. He addressed the various plans submitted for health and safety, including the protection
of groundwater mitigation, and he reiterated this project is an improvement to the neighborhood
over the former use. Commissioner Rademacher asked about meetings or outreach to
neighbors, and Mr. Czaplewski replied that only the neighboring seed business and the Town of
LaSalle have been contacted. In response to Commissioner Conway, Mr. Czaplewski explained
where the neighbors are located in regard to current and future composting, but said they have
not had contact with any of the neighbors. He noted that it had been a long time since the
feedlot had been cleaned, so there will never be as much as there is now; it is a temporary
condition.
a No public testimony was offered concerning this matter.
• Mr. Czaplewski said he and the applicant have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards.
El Commissioner Kirkmeyer recommended the deletion of Condition of Approval #1.D, and
Ms. Martin explained the purpose of Conditions of Approval #1.G and #1.H is to ensure runoff
does not go into the ditch and the required evidence is simply a letter from the applicant
acknowledging the requirement. In response to Commissioner Conway, Ms. Martin said that if
the ditch company complains then that would be addressed. Commissioner Kirkmeyer said
there is no requirement in the CDOT letter regarding the haul route, so she suggested that
Condition of Approval #1.1 contain clarifying language. She suggested identifying the haul route
in a Development Standard and then eliminating Condition of Approval #1.1; this was the will of
the Board. Commissioner Rademacher asked about the number of employees, and Mr.
Czaplewski confirmed that Development Standard #4 is adequate.
2013-1773
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HEARING CERTIFICATION - PRADO VIEW INVESTMENTS COMPANY, LP (USR13-0012)
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Mark Vandernussen, applicant, introduced himself and said he is a third generation dairy
farmer, he has been farming for 20 years and was one of the final holdouts from urban
encroachment where they were living in California. He also mentioned that his former dairy was
50 years old, and antiquated, so he is looking forward to having a modern facility. He said they
have been improving the property since last fall.
Ei Ms. Hansen provided the language for Development Standard #36: "The designated haul
route for the facility will be south on County Road 35 to U.S. Highway 85," which was adopted
by the Board.
Mr. Czaplewski said he and the applicant reviewed, and agrees to abide by, the
Conditions of Approval and Developments Standards, as amended.
Commissioner Conway moved to approve the request of Prado View Investments
Company, LP for a Site Specific Development Plan and Use by Special Review Permit, USR13-
0012, for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including a Livestock
Confinement Operation (7,500 -head dairy) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as amended and entered into the record. The motion
was seconded by Commissioner Rademacher, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:50 a.m.
This Certification was approved on the 22ndday of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD cOSINTY, COLORADO
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Weld County Clerk to the -
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