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HomeMy WebLinkAbout860251.tiff RESOLUTION BE: APPROVE CONTINUANCE OF HEARING TO CONSIDER USE BY SPECIAL REVIEW FOR EXPANSION OF AN EXISTING POULTRY OPERATION - FRANK CURTIS 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, the Board of County Commissioners held a public hearing on the 5th day of March, 1986 , for the purpose of considering the application of Frank Curtis for a Use by Special Review for expansion of an existing poultry operation, and WHEREAS, at said hearing, after hearing the testimony and statements of those present , the Board deems it advisable that this matter be continued to March 31 , 1986 , at or about 9 : 00 a.m. to allow certain issues to be resolved, and WHEREAS, the issues to be considered include: a more explicit description of Phase Three regarding the handling of the manure; the effect of Phase Four including, in particular, the effect of pullet vaccines on surrounding land uses and the health and safety of the residents; whether or not the total facility is to be included in the Use by Special Review; and the results of an on-site visit . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider the application of Frank Curtis for a Use by Special Review for expansion of an existing poultry operation be, and hereby is , continued to March 31 , 1986 , at or about 9 : 00 a.m. BE IT FURTHER RESOLVED by the Board that the issues to be considered include: a more explicit description of Phase Three regarding the handling of the manure; the effect of Phase Four including, in particular, the effect of pullet vaccines on surrounding land uses and the health and safety of the residents; whether or not the total facility is to be included in the Use by Special Review; and the results of an on-site visit to be conducted by the Commissioners. 860251 r ,S11.4 . Page 2 RE: CONTINUE USR HEARING - CURTIS The above and _foregoing Resolution was , on motion _duly made and -seconded, adopted by the following vote on the 5th day of March, A.D. , 1986 . ATTEST: el 7etuti -a- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld Lounty Clerk and Recorder N\ a \ and Clerk to the Board �:cgu ine J. n_on , Chairman J EXCUSED _Got on E. Lary, Pro-Tem D putt' County C k Y/i/ APPROVED AS TO FORM: r. ne R. Brantner / ,/& fir ��, C.W. Kirby / i County Attorney i '. it"� i F ank Mama chi `'J1% 860251 HEARING CERTIFICATION DOCKET NO. 86-11 RE: USE BY SPECIAL REVIEW FOR EXPANSION OF AN EXISTING POULTRY OPERATION - PRANK CURTIS A public hearing was conducted on March 5, 1986, at 2:00 T.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-T-em Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Al-so present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche Health Department -representative, Wes Potter The following business was transacted: I hereby -certify that pursuant to a notice dated January 29, 1986, and duly published February 20, 1986, in the Johnstown Breeze, a publi-c hearing was conducted to consider a Use by Special Review for expansion of an existing poultry operation, requested ty Frank Curtis. Lee Morrison, Assistant County Attorney made this matter of record. Commissioner Lacy, citing personal contacts with the applicant, requested to be excused from this hearing. Debbie de Besche, representing the Manning Department, read the favorable recommendation of the Planning Commission into the record, stating that twelve Development Standards are proposed for this application. Chairman Johnson noted that three of these Development Standards were added by the Planning Commission. Richard Hicks, a consultant for the installation of poultry equipment, came forward to represent the applicant. He stated the application -requests a four-phase expansion, with Phase One already completed; Phase Two being the addition of a small feed mill; Phase Three teing the addition of a building for manure storage; and Phase Four consisting of a 2,200 square foot building for the -raising of -small chicks. Currently Mr. Curtis has 22,000 laying chickens. Richard Sheetz, a neighbor, spoke in opposition to this request. Mr. Sheetz presented Exhibit E, a petition containing signatures of 32 per-sons opposed to this request; Exhibits F, G and H, pictures taken today of the existing operation; and -Exhibit I, a map of the area -with the lots owned by petition signers starred. Mr. Sheetz stated that most persons who signed the petition objected to Phase Three of the expansion. Others who spoke in opposition to this request included: Mrs. Adolph -Furrer (Tape Change 11B6-16) ; Maria Meng; Pauline Sheetz; H.W. Mueller; and Bob Fortner. Wes Pott-er, representing the Health Department, spoke regarding the way the Health Department monitors existing operations in the area, most of which are considered as uses by right. Mr. Hicks and Frank Curtis, the applicant, spoke regarding current and proposed methods of managing the manure. They stated that equipment -will be necessary for handling the manure, but the type of equipment to be installed in the proposed building has not been determined at this time. Ms. de Besche and Mr. Potter both =stated that their reviews had been done on the basis of the building only, with respect to Phase Three, and the addition of machinery should be reviewed. Mr. Morrison also asked for a clarification as to whether the present operation was to be included in the application. Mr. Curtis stated that it was not -his intent to include his present operation in the Use by Special Review. Chairman Johnson stated that she felt this hearing should be continued to T L c'?vv ! C7 > ;{' #.47 t': Page 2 RE: USR - CURTIS resolve some of the problems which had arisen and also for the Commissioners to visit the site. (Tape Change #86-17) After discussion, Commissioner Kirby moved to continue this hearing to March 31, 1986, at the conclusion of the regular Board meeting of that date. Commissioner Brantner seconded the motion. The issues to be -resolved include: more explicit description of Phase Three; potential threat of Phase Four to the environment; whether or not the total -facility is to be included in the Use 'by Special Review; and the scheduling of an on-site visit. The motion married unanimously. This Certification was approved on the 10th day of March, 1986. APPROVED: }� /J BOARD OF COUNTY COMMISSIONERS ATTEST: 1 detw. eu,(jy , WELD COUNTY, COLORADO Weld County Clerk and Recorder e 1V[S•1� and Clerk to the Board Ja quel a John o , Chairman• EXCU ED eputy County erk Go Ace Lacy, Pro-Tem Yom. /Cr Smut-- Gene R. Brantner C.W: Ki Frank Xamaguuhi TAPE #86-15, 0#86-16 & #86-I7 DOCKET #86-11 PL0021 860249 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MARCH 5, 1986 DOCKET # 86-7 - SHOW CAUSE, BERNARD & CHERYL HOOGLAND DOCKET # 86-11 - USA, EXPANSION OF POULTRY OPERATION, FRANK CURTIS DOCKET # PLEASE write or print legibly your name, address and the DOC # (as 1_=tcd above) or the apalicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ,:r t CG /)'z rr`. `1' j L % Gig 1 '> IA fr ' ,_ c/ 1:-"----.--1 // �a6 c i %!'(,s' v' %t»J l l 1,: e.-..-(.� `'' C �t`-JP.f,� '(/ .5 r L:.,r� Le 3 -- ( 1 L/lF'<c / q � i!\11)1 .i �cnS LII:C ri} AA Ltiti cc 14 in /itV 1� �Tz/( �1 . CCfi'tiz, / JM(iran 1\1Pvi6 5J(2_ (/' DIM Ppr0H P? t! P . if �Yi . ( 1. c�c)t) c-�6 eteri S /it 7 CIA /6 7o )4) -1(-1 r,..e. - RO2-,I Ls- / nay hior ` 7c- r� g6 (7c. i E- �3 o '-7 tzt, ; ter / ?yi l/ r z---' ,lam- >��<a- r �a -- FIIR c�h�y4Y � R s (8y to ccS. 7 L34z n CLa;-1-ss kec .t /I kcL (GPCS 9Dj-2 Pin. 5I 1i cot/ 1(z Co- C7- 12V <IS gj L',11.1,..1•1 ( ` / z CIrF<y� �<�zpG/l4 75333 cam); 7.-2<1d., ( ,,,<ein;?n-Y- /,looy/60i hieS r o ile r Wile( ev le °' `j ,a, 1 e0e77, ('`,7- NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-11 Frank Curtis 984 Weld County Road 7 Erie, Colorado 80516 DATE: March 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Expansion of an existing poultry operation LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, Second Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 29, 1986 PUBLISHED: February 20, 1986, in the Johnstown Breeze / U' C._. / DATE: January 29 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 5th day of March, 1986 , at 2 : 00 P.M. Docket No. 86-11 - USR, Expansion of an existing poultry operation - Frank Curtis OFFICE OF THE LE TO THE BOARD BY: Deputy Oa The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ce7-77 41, 41/41 nett e4 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OP COLOItADO i I s5 • . NOTIC[ COUNTY OE WELD i I, Clyde Briggs, do solemnly swear that I Pursuant to the-aoning laws of am publisher of The Johnstown Ifre•cre. the State of Colorado Ind?tbe Weld County Zonqh; ©refinance, that the same is a weekly newspaper a public hearing wgi be held in the Chamber' of the Board of printed, in whole or in part, and published County Commissioners of Weld in the County of Weld, State of Colorado. County, Colorado. Weld County Centennial Centet, 915, 10th and has a general circulation therein; Mat Street; First Flour, Greeley, said newspaper has been published All persona at the i time y Mamie, continuously uninterruptedly interested in the Use s - uny and us,per ru xedly in said e Special County of Weld for a period of more than Review are requested to attend and may be heard fifty-two consecutive- weeks prior to the Should the applicant or any first publication of the annexed legal notic0 interested party desire the or advertisement; that said newspaper has presence of a court reporter-10 make- a record of the' ore been admitted to the United States mails as ceedings,in addition to the toped second-class matter under the provisions 1,1 record which Wilt b kept during the Act of March J, 1879, or :,u� the hearing, the Clerk -to the Board's Q ice can be contacted amendments thereof, and Uu t said for a fiat of court reporters in the area. If .a court reporter is newspaper is a weekly newspaper dots obtained the Clerk to the Boerne Office shall be advised in writing qualified for publishing legal notices and of such action at least nve days advertisements within the meaning of the prior to the hearing:The cost of •engaging aa court reporter snail laws of the State of Colorado. be bome by the reQuesting party. That the annexed legal notice or advertise- BE IT ALSO KNOWN that the ment was published in the regular and text and maps so certified by the Weld County Miming Commis- entire issue of every number of said weekly sion may be examined in the newspaper for the period of / c setti- office of the Clerk to the Board of m County Commissioners, located live insertions; and that the first in the Weld County Centennial Center, 915. 10th Street, Third publication of said notice was in the issufs.o _ Floor, Greeley, Colorado. said newspaper (fated fib :\.1). 06 DOCKET NO. 88-11 and that the last publication of said notice APPLICANT was in the issue of said newspaper dated Frank Curtis - A U 19 984 Weld County Road T Erie, Colorado 80516 In witness whereof I have hereunto set DATE: March 5,-1988 my halld_Ihis 'y day of Feb • TIME: 2:00 P.M. A.U. 19:g 6 REQUEST:- Use byio of an in - Expansion of an existing pbuitry operating LEGAL DESCRIPTION: Lot 1, Publisher Block 1,Ranch Eggs Subdivision,. Second Filing, Weld County, Colorado - BOARD OF COUNTY Subscribed and sworn to before isle. a BOARD OF COUNTY Notary Public in and for the.�lCounty ut COMMISSIONERS WELD COUNTY, State of Colorado// this aCf . . day of r- COLORADO .. A.U. 19.d.loa.. BY: MARY ANN FEUERSTEIN • COUNTY CLERK AND T Gd-c., TO THE BOARD N RECORDER AND CLERK MAUI') Public lic BY: Mary Reif, Deputy DATED: January 29, 1986 PUBLISHED: February 20, 198e, My commission expires in the Johnstown Breeze My Commission Exphes June ;4, 158-v 2 South Parish Avenue Johnstown, CO 80534 • AF IDA v.17' O1=PURL IC±i TION FARMER AND MINER County of Weld ) State of Colorado ) ss i Legal Notice Pursuant to the zoning laws'of the Joseph H . Rebel Slate of Colorado and the Weld do County zoning . Ordi solemnly swear that THE FARMER AND MINER is a weekly numbers of`thewiboa be of ciount newspaper which is published in the County of Weld, State of Commissioners of' Weld °Minty Col ,Weld County Centennial Colorado, and which has general circulation therein; that said Center,91$10th Street,Pint Floor. newspaper has been published continuously and uniterruptedly in specified. Colored., at the time specified.All persona in any man. Sim- said County of Weld for a period of more than fifty-two consecutive cal Review nee interested requested to in the Use atsnd weeks next prior to the first publication of the annexed legal notice and may be heard. a or advertisement; that said newspaper has been admitted to the Should the applicant or any inte- recrtifin desire the presence or United Sates mails as second-class matter under the provisions a eerlfRen ceurfupMter tetnake of the Act of March 3, 1879, or any amendments thereto, and that fo to n+tapeed rejoorad proceedings, will • said newspaper is a weekly newspaper qualified forpub- be kept during thehearing, the duly Clerk to the Beard's Office can fishing legal notices and advertisements within the meaning of be consoled tot a of certified the laws of the State of Colorado. court reporters in the area. If a Court reporter Is obtained, the Clerk to the 'S Of. That the annexed legal notice or advertisement was lice shall be advised in writing week I y published of such.action at teats five days �tprior to the hearing. in the regular and entire editions of said `Fly newspaper once each co rtrepof engaging a Mpg ar shall be born*by the requesting party. week on the same day of each week for the period of one BE IT ALSO KNOWN that the text and maps so certified.by the Weld County PlonnlniCemmission may consecutive insertions; and that the first publication of said notice the clerk examined in anthofalike County Clerk Jo the Beard'et n Commissioners,located in the Weld County Centennial Center,91S ineh was in the issue of said newspaper dated February 20 Street, Third.Floor, Greeley, Co- lorado. , APPLICANT 19...86..., and that the last publication of said notice was in the CM Weld County Road i Erie,Colorado 1O51$ _ issue of said newspaper dated 9 '-..., DOCKET NO. 16-11 DATE: March S, Nef. Business Manager TIME: 2:00 P.M. REOUEST:Use by Special Review- Subscribed and sworn to before me this 20th day of operant*o --of an existing poultry LEGAL DESCRIPTION: Fe-b.r..uary 19....86... LM linoeset, d Fh Epps. eld Ci C-seadnd:-truing, weld My Commission Expires ,3-9-86 County,Colorado ' ... BOARD IS LONERS COMMISSIONERS WELD COUNTY,COLORADO Notary Public BY: MARY ANN FEUERSTEIN COUNTY CLERK t RECORDER AND CLERK TO:THE. BOARD FEE $ Br:Mary Reiff, DEPUTY DATED, January 29,loos Publishedin the Farmer and Miner February to, 1916. 3-1300-02 CXA / i6 / * /Li /-7/ Sai4 / 7T-°O ai 6(0't) /y-) / LIf/ G7' rtf C3/5 -/Cf‘ ,ere 1$t/4 A€92V 3-rem, 1 Hello