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HomeMy WebLinkAbout20123162.tiff HEARING CERTIFICATION DOCKET NO. 2012-71 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0039, 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 AGRIBUSINESS AND AGRICULTURAL USES (PROSPECT VALLEY GRAIN, LLC - GRAIN AND SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALE HOUSE, OFFICE AND SUPPORT AND STORAGE BUILDINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PROSPECT VALLEY GRAIN, LLC A public hearing was conducted on November 7, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer 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, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated August 30, 2012, and duly published September 5, 2012, in the Fort Lupton Press, a public hearing was conducted on October 17, 2012, to consider the request of Prospect Valley Grain, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0039, 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 agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, at which time the matter was continued to November 7, 2012. Brad Yatabe, Assistant County Attorney, made this a matter of record. F] Kim Ogle, 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. He displayed aerial maps and photographs of the site and surrounding area, and CC : Pt) HI-, eft PIA) 2012-3162 I;-/ 3-12- PL2184 HEARING CERTIFICATION - PROSPECT VALLEY GRAIN, LLC (USR12-0039) PAGE 2 addressed questions from the Board regarding surrounding property owners' concerns with dust and traffic. El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation plans and requirements, site circulation, tracking control, and water quality design. F) Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, as well as the Dust Abatement Plan, and she addressed questions from the Board regarding Condition of Approval #1.F and what the Dust Abatement Plan will entail. Kirk Goble, Bell 5 Company, represented the applicant and gave a brief overview of the proposed operation, which is subject to weather and agricultural market trends. He also reviewed the site layout and long-term business plan. He confirmed they did visit with the neighbor who initially expressed concerns and they have addressed the issue of dust abatement. He responded to questions from the Board in regard to the existing contract for the handling of sunflowers; indicating there is no grain function anticipated; however, the title of the application does allow for flexibility to include grains if desired in the future. F) No public testimony was offered concerning this matter. Commissioner Kirkmeyer referred to Conditions of Approval #1.C.2 and #1.C.3 and Ms. Hansen explained the language is intended to address instances where there is not public right-of-way; however, it appears there is currently 60 feet. Commissioner Rademacher proposed amending Development Standard #21 to replace the word "will" with "may". Mr. Goble indicated Development Standard #28 is adequate; however, the Board agreed to delete the language and the applicant agreed. Responding further to Commissioner Rademacher, Mr. Goble confirmed the limit of ten employees, as reflected in Development Standard #29, is sufficient. In response to Chair Conway, Mr. Goble stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. F) Commissioner Long moved to approve the request of Prospect Valley Grain, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0039, 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 agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) 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. His motion included amending Development Standard #21 to replace the word "will" with "may", deleting Development Standard #28, and renumbering the subsequent items. The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:42 a.m. 2012-3150 PL2184 HEARING CERTIFICATION - PROSPECT VALLEY GRAIN, LLC (USR12-0039) PAGE 3 This Certification was approved on the 14th day of November, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST. O'A.4",, , 0,4V.I.Q44146 Sean P. Conw hair Weld County Clerk to the Board Wil 'am F. Garcia, Pro- em BY: Deputy Deputy Clerk t tl ar 44, - d ui .10 ac rbkm Kirkmeyer v •, �y David E. 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