HomeMy WebLinkAbout20073014.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#1602 - BRAD AND SCOTT COCKROFTS DAIRY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 24th day of September, 2007, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not Brad and
Scott Cockroft Dairy, LLC, 27906 County Road 388, Kersey, Colorado 80644, was in compliance
with certain Conditions of Approval and Development Standards contained in Use by Special
Review Permit#1602 for an Agricultural Service Establishment, including a Livestock Confinement
Operation (dairy for a total of 4,500 cattle, including milking cows and dry cows) in the
A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part
of the Lot A of Amended Recorded Exemption #178; being part of Section 11, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County
Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit#1602 issued to Brad and Scott Cockroft Dairy, LLC, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be October 24, 2007, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following:
1. The Site Specific Development Plan and Use by Special Review Permit#1602 is 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 (dairy for a total of 4,500 cattle, including milking
cows and dry cows) in the A (Agricultural) Zone District, as indicated in the
application materials on file.
2007-3014
PL1896
(4t c /2 , n`; /-IL. , 0'A, 47n i0�d3-07
SET SHOW CAUSE - BRAD AND SCOTT COCKROFT DAIRY, LLC (USR#1602)
PAGE 2
2. Condition of Approval#2-Upon completion of Condition of Approval#1 above, the
applicant shall submit a Mylar plat, along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within
one hundred and twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. Development Standard #16 - The facility shall be operated and maintained in a
manner to prevent nuisance conditions and operate in accordance with the
approved Management Plan for Nuisance Control.
4. Development Standard #19 - The facility shall be operated in a manner to control
flies. The facility shall be operated in accordance, at all times, with the 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 receives a significant number of fly complaints
associated with the facility, and in the judgment of the Weld County Health Officer,
there exists a fly condition requiring abatement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
,:-F E W COUNTYeO,LORADO
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ATTEST: al r
, ,, 1. vid E. Long, Chair
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Weld County Clerk to the Board
Litil �J� lt <<(% illiam rke, Pro-Tem
De ty Cl to the Boa "�`i
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APP OVED -T4�: . ‘` W
-'!-- G Robert D. Masden
County Attorney
ougla adema er
Date of signature: 1oillt4 1
2007-3014
PL1896
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