HomeMy WebLinkAbout20030027.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING AMENDED
USE BY SPECIAL REVIEW PERMIT#820 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (3,600-HEAD
DAIRY) IN THE A(AGRICULTURAL) ZONE DISTRICT - KERBS DAIRY/FIRST
COMMERCIAL BANK
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 June, 2002, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Kerbs
Dairy/First Commercial Bank, 2000 North County Road 9, Fort Collins, Colorado 80524, c/o
AgPro Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504,
was in compliance with certain Conditions of Approval and Development Standards contained in
Amended Use by Special Review Permit#820 for an Agricultural Service Establishment and
Livestock Confinement Operation (3,600-head dairy) in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as
Lot B of Recorded Exemption #655, located in part of the SW1/4 of Section 15, Township 6
North, Range 64 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services and the
property owner, the Board deemed it advisable to continue this matter to January 6, 2003, at
9:00 a.m., to allow the property owner additional time to bring the site into compliance with the
approved Conditions of Approval and Development Standards contained in Amended Use by
Special Review Permit#820 for an Agricultural Service Establishment and Livestock
Confinement Operation (3,600-head dairy) in the A (Agricultural) Zone District, and to address
and comply with the additional recommendations of the Department of Public Health and
Environment, as cited in a Memorandum, dated June 21, 2002.
WHEREAS, at said hearing on January 6, 2003, the Board deemed it advisable to
continue the hearing to March 10, 2003, at 9:00 a.m., to allow for completion of the additional
items requested by the Department of Public Health and Environment, as cited in a
Memorandum, dated January 6, 2003, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Probable Cause Hearing for Use by Special Review Permit
#820 issued to Kerbs Dairy/First Commercial Bank, be, and hereby is continued to March 10,
2003, at 9:00 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
Probable Cause Hearing is whether or not the permit holder is in compliance with the following
Conditions of Approval and Development Standards:
2003-0027
PL0421
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PROBABLE CAUSE - KERBS DAIRY/FIRST COMMERCIAL BANK (AMUSR #820)
PAGE 2
1) Standard #6 -The facility shall maintain compliance with CAFO Control
Regulations (5 CCR 1002-19) and, Section 23-4-710, Weld County Code.
2) Standard #9 - The facility shall not discharge runoff or other waste waters to
surface or groundwater with exception to what is allowed by the CAFO Control
Regulations.
3) Standard #17 - The facility shall be operated in accordance with the approved
Manure and Waste Water Management Plan.
4) Standard #25 -The property owner or operator shall be responsible for
complying with all of the foregoing Development Standards. Noncompliance with
any of the foregoing Development Standards may be reason for revocation of
the Permit by the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO ORADO
ATTEST: gtet/S1%, f1 d F
.. CJ4� Davi E Long, Chair
Weld County Clerk to the boar F; \, -�
(cocrntg
•ti
Robert D. Masden, Pro- m
BY: /t. •
Deputy Clerk to the`•i •\'i EXCUSED
M. J. Geile
APPR¢V AS TO F G / � �>
Willi�a�ere ny A orney u
(/ l
Glenn Vaad
Date of signature: //
2003-0027
PL0421
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