HomeMy WebLinkAbout20121800.tiff HEARING CERTIFICATION
DOCKET NO. 2012-40.6
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0016, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFROMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (15,000-HEAD DAIRY CALF FACILITY) IN
THE A(AGRICULTURAL) ZONE DISTRICT— QUANAH CATTLE COMPANY, LLC
A public hearing was conducted on July 18, 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, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Troy Swain
The following business was transacted:
I hereby certify that pursuant to a notice dated May 18, 2012, a public hearing was
conducted on June 27, 2012, to consider the request of Quanah Cattle Company, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0016, for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a Livestock Confinement
Operation (15,000-head dairy calf facility) in the A (Agricultural) Zone District. At said hearing,
due to lack of proper newspaper notification, the Board deemed it advisable to continue the
matter to July 18, 2012, pursuant to a notice dated June 12, 2012, and duly published June 20,
2012, in the Fort Lupton Press. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
ID Chris Gathman, 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 explained the site was previously used for a poultry operation, and he
gave an overview of the referral responses and surrounding land uses. He stated the site is
within the three-mile referral area for the Town of Kersey, which indicated no concerns since the
haul route will be addressed in the Improvements Agreement. He further stated staff received
one letter from a surrounding property owner expressing concern with flies, odors, the need for
a Lighting Plan, and debris blowing from the old buildings. He stated the applicant intends to
repair the buildings and he reviewed the Site Plan. In response to Commissioner Kirkmeyer,
Mr. Gathman agreed Conditions of Approval #1.A.3 and the last two sentences of Condition of
Approval #1.B regarding oil and gas drilling sites may be deleted.
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HEARING CERTIFICATION -QUANAH CATTLE COMPANY, LLC (USR12-0016)
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El Heidi Hansen, Department of Public Works, reviewed the roadway classifications and
traffic counts. She stated the applicant will be required to enter into a standard Road
Improvements Agreement for the anticipated heavy hauling traffic, and she also reviewed the
grading and stormwater requirements.
El Troy Swain, Department of Public Health and Environment, stated Conditions of Approval
#1.D and #1.E address the water and sewer requirements for the facility, Development
Standards #5 through #19 are standard Health regulations, and he observed the applicant's
work in transitioning the facility to the new use during his recent site visit.
Tim Naylor, AGPROfessionals, LLC, represented the applicant and stated the applicant
plans to rebuild the existing structures and he gave an overview of the proposed operations,
which will be in compliance with the Confined Animal Feed Operation (CAFO) Regulations.
El No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. Naylor requested Conditions of Approval #2 and #3 be modified to allow 180 days to record
the plat, and the Board agreed. Mr. Gathman reiterated Condition of Approval #1.A.3 and the
last two sentences of Condition #1.B should be deleted, and the Board and applicant agreed. In
response to Commissioner Rademacher, Mr. Naylor confirmed the applicant is in agreement
with the limit of 35 employees referenced in Development Standard #4. In response to
Commissioner Rademacher, Mr. Swain stated staff has discussed merging the language from
Development Standards dealing with nuisance conditions for future applications. In response to
questions from the Board, Ms. Hansen agreed Condition of Approval #1.H can be merged with
Condition #1.F since they are both dealing with the Improvements and Road Maintenance
Agreement, and she confirmed dust abatement will only be required if warranted by traffic
counts. Commissioner Kirkmeyer commented Kersey is not in the area right now and they will
have to deal with this facility if they annex in the future. Mr. Gathman proposed the following be
added to the end of Condition of Approval #1.F: "The County shall attempt to address the dust
control and haul route comments from the Town of Kersey referral dated April 5, 2012, within
said Improvements Agreement." In response to Chair Conway, Mr. Naylor 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 Kirkmeyer moved to approve the request of Quanah Cattle Company, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0016, for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a livestock confinement
operation (15,000-head dairy calf facility) 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. Her motion included deleting
Condition of Approval #1.A.3 and the last two sentences of Condition #1.B, deleting Condition
#1.H and modifying Condition of Approval #1.F to add, "The County shall attempt to address the
dust control and haul route comments from the Town of Kersey referral dated April 5, 2012,
within said Improvements Agreement", and amending Conditions #2 and #3 to allow 180 days
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HEARING CERTIFICATION - QUANAH CATTLE COMPANY, LLC (USR12-0016)
PAGE 3
to record the plat. The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 2:26 p.m.
This Certification was approved on the 23rd day of July, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD
LDD CCOUNTY, COLORADO
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Sean P. C ay, Chair
Weld County Clerk to the Board
Willi F. Gar ia,Prq-Tem
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EXHIBIT INVENTORY CONTROL SHEET
Case USR12-0016 - QUANAH CATTLE COMPANY, LLC
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 06/05/2012)
C. Planning Commission Email regarding changed Hearing Date
D. AGPROfessionals, LLC PowerPoint presentation
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