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A public hearing was conducted on November 17 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM
NORMAN CARLSON COMMISSIONER, Excused
BILL KIRBY COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, Jeannette Sears
ASSISTANT COUNTY ATTORNEY, Lee Morrison
PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated October 13, 1982,
duly published October 21, 1982, in the LaSalle Leader, a public hearing was held
on the request of H. A. Schneider for a Use by Special Review for a livestock
confinement operation for cattle. The Planning Commission recommended that the
request be granted with conditions. Kenneth Lind, legal counsel, for the applicant
was present and commented on the planned two phase operation.
Tape change 82-93
Mr. Lind commented on the three letters in the file from adjacent landowners who
have supported this request and a petition signed by all the adjacent landowners
except one who supported this request. Mr. Lind said that the possible run off is
a concern, however, phase II will drain to the east or northeast. He used four
pictures to show the lay of the land. Mr. Schneider stated that this site for
phase II does have a better drainage plan, the land is less productive, and a berm
has been constructed 3 feet.high to hold any run off. He stated that the run
off will be pumped and used for fertilizer for the farm land. Mr. Schneider
agreed with all the development standards and did accept all responsibility if a
run off leaves his property. Louis Reiker, legal counsel for Mildred Johnson an
adjacent landowner, opposed the request because of the possible run off. Mrs. Johnson
also objected to the completion of this lot before the Board of County
Commissioners heard the request. Dick Leffler, an engineer representing Western
Technical Services, stated that the grade of the property falls to the north and
the 3 foot high berm should be more than adequate to stop any run off. He added
that the existing grade across the end of the farm is pretty flat. A drainage
ditch at the southeast corner has been constructed going north and at the north end
it is approximately 3 feet deep. A 3 foot berm has also been constructed to keep the
run off from leaving the Schneider property. He stressed that there should not be
any run off that would go south. A representative from the Lucas Lateral ditch
said that they have signed an agreement with Mr. Schneider regarding the Lucas
Lateral ditch. He stated that the Lucas Lateral water runs from the South to the
east and the Sullivan waste ditch to the east runs straight south, the water runs
south on the whole section. Mildred Johnson asked if the County has any existing
policies, rules or codes or restrictions concerning the construction of feedlots.
Commissioner C. Carlson stated that feed lots are all constructed as to their owners
needs. She understood that before construction happened that the Planning Commission
and the Board of County Commissioners were to approve the site location. She
stated that the feed lots construction has been completed and that it was before the
Board even considered the request. She asked that the following items be investigated
by the Board before the request is approved or denied: No feed lot should border the
fence line of a neighboring farm, • feedlots should be contained. She does not
believe that 35 feet would contain this area because of the hillside, most feedlots
are an extension of the farm yard, this one crosses the farm. There should be no
feedlot run off possibility onto any other property at any time. That includes any
floods or cloud bursts. In 1977, the first Sunday in May, there was a cloud burst
that dumped fence post deep water on her farm and the run off water came from the
north, Mr. Southard's and Mr. Schneider's properties. The Board should study
the run off and demand that all run off be contained. She asked that adequate
screening to the property from another persons property be installed. She
recommended a dike or embankment be installed three feet high on the other side
of the fence line. She added that there is a:health problem from feedlot
odors and that should be controlled by the Weld County Health Department. Mr.
Reiker stated that the water will collect in the southeast corner of the property.
He said that the 3 foot high berm has been installed. Mr. Leffler said that a
24 inch tile could be used if the water collects in the low point and a ditch has
been excavated to cause the water to flow to the North. Commissioner C. Carlson
commented on the type of storms that have happened in Weld County, that this property
is zoned agricultural and a feedlot is agricultural business, that the applicant is
trying to do the right thing, and made a motion to approve this request with the
conditions as recommended by the Planning Commission. Commissioner Kirby seconded
820807 PA ft I lY
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USR - SCHNEIDER DOCKET #82-68
the motion. After additional discussion the motion carried unanimously.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD-
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DOCKET #82-68
TAPE #82-93 & 94
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