HomeMy WebLinkAbout20122581.tiff HEARING CERTIFICATION
DOCKET NO. 2012-60.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT, USR12-0031 (FORMERLY USR-632), FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS, INCLUDING: GRAIN AND/OR FEED ELEVATORS, GRAIN AND FEED SALES,
COMMERCIAL GRAIN STORAGE AND DRYING, SEED PRODUCTION,
PROCESSING, STORAGE, MIXING, BLENDING AND SALES AND RETAIL AND
WHOLESALE OF PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE
AGRI-BUSINESS AND AGRICULTURAL USES AND A VARIANCE TO THE
SETBACKS REQUIREMENT FROM A PUBLIC RIGHT-OF-WAY, IN THE
A (AGRICULTURAL) ZONE DISTRICT - NORTHEAST GRAINS, LLC, AND FORREST
AND JUDY TAPPY
A public hearing was conducted on September 26, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair - EXCUSED
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated July 20, 2012, and duly published July 25,
2012, in the Fort Lupton Press, a public hearing was conducted on August 29, 2012, to consider
the request of Northeast Grains, LLC, and Forrest and Judy Tappy, for a Site Specific
Development Plan and Amended Use By Special Review Permit, USR12-0031 (formerly
USR-632), for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:
grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed
production, processing, storage, mixing, blending and sales and retail and wholesale of
products and similar goods associated with the agri-business and agricultural uses and a
variance to the setbacks requirement from a public right-of-way, in the A (Agricultural) Zone
District, at which time the Board continued the matter to September 26, 2012, due to a
scheduling conflict with the applicant. Brad Yatabe, Assistant County Attorney, made this a
matter of record.
I_ .,QL%/o2 2012-2581
PL0599
HEARING CERTIFICATION - NORTHEAST GRAINS, LLC / FORREST AND JUDY TAPPY
(USR12-0031)
PAGE 2
IR Chair Pro-Tern Garcia advised Brad Lebsock, applicant's representative/manager, that he
has the option of continuing this matter to a date when the full Board will be present. However,
if he decides to proceed today, it will require three affirmative votes, or the matter will be
deemed denied. Mr. Lebsock indicated he would like to proceed today.
F Kim Ogle, Department of Planning Services, presented a brief summary of the historic use
of the site, proposed amended uses, and the surrounding land uses. He discussed a variance
situation within alleyway, which is bordered by property owned by the applicant, and he
reviewed the referral responses. Mr. Ogle entered the favorable recommendation of the
Planning Commission into the record as written and reviewed maps and photographs of the site
and surrounding area.
F Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans, as well as the access and stormwater improvements and requirements.
F Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated the applicant has satisfied Condition of Approval #6, and she
gave a brief summary of the plans for dust abatement and waste handling. Ms. Light stated the
only outstanding issue is the water source, and she reviewed correspondence from the
Colorado Division of Water Resources.
F Mr. Lebsock represented the applicant and gave a brief overview of the historic use,
property acquisition, building plans to update to current standards, and the future business
plans. He also discussed the plans for ensuring a permanent water source.
IR Commissioner Long commented the Town of New Raymer and the local school are facing
a similar situation and he proposed the communities work together to provide a good working
solution.
F No public testimony was offered concerning this matter. In response to Chair Pro-Tem
Garcia, Mr. Lebsock expressed no concerns with the proposed Conditions of Approval and
Development Standards, and stated they will be working to resolve the water and access
issues.
F Commissioner Rademacher proposed amending Development Standard #29 to allow
operations 24/7; deleting Development Standard #30; modifying Development Standard #31 to
allow up to eight (8) employees, with the understanding that will they will be required to upgrade
the septic system if they exceed the current four-person capacity. The applicant and Board
agreed with the proposed revisions. Following discussion, Condition of Approval #6.A was
deemed "SATISFIED," and Development Standard #9 was amended to strike "if there are ten
(10) or less customers or visitors per day" Regarding fugitive dust, the Board agreed to delete
the first sentence of Development Standard #7, with instruction to staff that the Dust Abatement
Plan is only applicable to dust generated by the business activities on the site.
2012-2581
PL0599
HEARING CERTIFICATION - NORTHEAST GRAINS, LLC / FORREST AND JUDY TAPPY
(USR12-0031)
PAGE 3
In response to Chair Pro-Tem Garcia, Mr. Lebsock stated he and the applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
proposed and modified.
El Commissioner Long commended the applicant for a quality business plan and he moved
to approve the request of Northeast Grains, LLC, and Forrest and Judy Tappy, for a Site
Specific Development Plan and Amended Use By Special Review Permit, USR12-0031
(formerly USR-632), for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:
grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed
production, processing, storage, mixing, blending and sales and retail and wholesale of
products and similar goods associated with the agri-business and agricultural uses and a
variance to the setbacks requirement from a public right-of-way, 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 entered into the record and modified
as follows: Find that Condition of Approval #6 has been satisfied; delete the first sentence of
Development Standard #7; revise Development Standard #9 to read, "Adequate drinking, hand
washing and toilet facilities shall be provided for employees and patrons of the facility at all
times. Portable toilets and bottled water are acceptable."; amend Development Standard #29 to
read, "Hours of operation are 24 hours a day, 7 days a week."; delete Development Standard
#30, and modify Development Standard #31 to increase the number of employees up to eight
(8) persons. The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:57 a.m.
This Certification was approved on the 1st day of October, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST • ,�1 • I. EXCUSED
Sean P. C w y, Chair
Weld County Clerk to isp
William F. Garcia, Pro-Tem
BY:
Deputy Clerk to the Bo*� ��.' EXCUSED
Barbara Kirkmeyer
EXCUSED DATE OF APPRIEL
David E. Long
Cf-a R dabvi4
Dougl ademache
2012-2581
PL0599
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