HomeMy WebLinkAbout20010103.tiff HEARING CERTIFICATION
DOCKET NO. 2000-80
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1144 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND LIVESTOCK
CONFINEMENT OPERATION (3,000-HEAD DAIRY) IN THE A(AGRICULTURAL) ZONE
DISTRICT - RICHARD AND PHYLLIS PODTBURG
A public hearing was conducted on January 10, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 18, 2000, and duly published
December 21, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Richard and Phyllis Podtburg for a Site Specific Development Plan and Amended Use
by Special Review Permit #1144 for an Agricultural Service Establishment and Livestock
Confinement Operation (3,000-head dairy) in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record and stated staff submitted a certificate of
sign posting, marked Exhibit E. Julie Chester, 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. She also gave a brief description of the location of the site, and stated
ten referral agencies offered comments in favor of the proposal. Ms. Chester stated the City of
Greeley is opposed to this request, and she has received one letter of opposition from a
surrounding property owner. In response to Commissioner Vaad, Ms. Chester stated the City of
Greeley submitted a referral, dated October 10, 2000, requesting four Conditions of Approval be
added if the application is approved,which she reviewed for the record. She stated the right-of-way
request has been addressed in the Conditions of Approval because the applicant is requested to
attempt to address the concerns of the City of Greeley. She stated the requested conditions were
not specifically addressed because there is not an official Intergovernmental Agreement. Chair
Geile expressed concern with addressing the City of Greeley's comments because there is not an
IGA, the final configuration of 83rd Avenue (Two Rivers Parkway) has not been determined, and
Condition #3.H needs to be amended to indicate what type of evidence should be provided. Ms.
Chester stated the applicant needs to "attempt" to address the issues, and a letter showing their
contact with the City and a response would be sufficient evidence. Chair Geile reiterated Condition
#3.H should be amended to indicate evidence should reflect the applicant's attempt, not a
reconciliation. Mr. Morrison stated Weld County regulations do not provide a means of addressing
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PL1144
HEARING CERTIFICATION - RICHARD AND PHYLLIS PODTBURG (AMUSR #1144)
PAGE 2
item #4 of the City of Greeley referral, but item #3 can be addressed. Ms. Chester displayed an
overhead of the current Urban Growth Boundary recognized by Weld County. Chair Geile stated
the City of Greeley only provides sewer services out to 59th Avenue and O Street, and he
suggested Condition of Approval #3.H be deleted because there is no Intergovernmental
Agreement with the City of Greeley. Commissioner Jerke commented if the City also wants a
buffer, this type of use should be appropriate. Mr. Morrison clarified the site is within the three-mile
referral area for the City of Greeley. Responding to Chair Geile, Don Carroll, Department of Public
Works, stated the site's main access is on Weld County Road 66, and there are two agricultural
accesses on Weld County Road 25.75. He further stated the Transportation Plan Map designates
Weld County Road 25.75 as an arterial road,which requires the applicant to reserve an additional
20 feet of right-of-way to accommodate any future expansion, for a total of 100 feet, with 50 on
either side of the center line. Mr. Carroll stated Weld County Road 66 is designated as a local
gravel road, and the necessary 60 feet of right-of-way already exists. He stated traffic studies
indicate 97 to 100 vehicles per day on Weld County Road 66, and 622 vehicles on 25.75. Trevor
Jiricek, Weld County Department of Public Health and Environment, stated the Department has
received no complaints on this facility during the past three years.
Thomas Haren, AgPro Environmental Services, LLC, represented the applicant and stated the
applicant started this application two years ago to maximize the use of the dairy parlor by adding
five new pens and one storm lagoon.
J.V.Teague, surrounding property owner, stated he has known the applicant for approximately 18
years. He stated this is a good family which runs a local operation. Mr. Teague requested the
Board approve this request, and added the applicant will provide a clean operation. There being
no further comments, Chair Geile closed public testimony.
In response to Chair Geile, Mr. Haren stated he and the applicant have reviewed and agree with
the proposed Conditions of Approval and Development Standards, with the deletion of Condition
#3.H.
Commissioner Masden moved to approve the request of Richard and Phyllis Podtburg for a Site
Specific Development Plan and Amended Use by Special Review Permit#1144 for an Agricultural
Service Establishment and Livestock Confinement Operation (3,000-head dairy) in the A
(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record, with the deletion of Condition of Approval #3.H. The motion was seconded by
Commissioner Jerke. Commissioner Vaad stated he is in favor of the motion; however, regarding
the deletion of Condition #3.H, he would like to state for the record that the requests of the City
were not included because there is no formal Intergovernmental Agreement. Chair Geile
concurred. The motion carried unanimously.
2001-0103
PL1144
HEARING CERTIFICATION - RICHARD AND PHYLLIS PODTBURG (AMUSR#1144)
PAGE 3
This Certification was approved on the 15th day of January 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
liwil11
ATTEST: �I �J,G -w� i ��U
. J. Geile, Ch it
Weld County Clerk to the .r3Q IL O ilea/lenn Vaa414
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BY: L J
Deputy Clerk to the Boa
mH. Jerke
TAPE #2001-02 C 6
Davi E. Long
DOCKET #2000-80 � Vr
Robert D. Masden
2001-0103
PL1144
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1144 - RICHARD AND PHYLLIS PODTBURG
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/21/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of Sign Posting
F.
G.
H.
J.
K.
L.
M.
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O.
P.
Q.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF JANUARY, 2000:
DOCKET #2000-79 - JANET REAM
DOCKET#2000-80 - RICHARD AND PHYLLIS PODTBURG
DOCKET#2000-78 - SIEGRIST COMPANIES
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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