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Home My WebLink About870037.tiff RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER REQUEST OF AURORA CAPITAL CORPORATION FOR A USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR A DAIRY 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 cf County Commissioners held a public hearing on the 14th day of January, 1987 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Aurora Capital Corporation , 2930 Center Green Court, Boulder, Colorado 80301 , for a Use by Special Review for a livestock confinement operation for a dairy, on the following described real estate, to-wit: The SWa, Section 32 , Township 4 North , Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Kenneth Lind, Attorney, and WHEREAS , due to the length of the presentations and the amount of testimony still to be presented, the Board deems it advisable to continue said hearing to Monday, January 19 , 1987 , at 10 : 00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider the application of Aurora Capital Corporation for a Use by Special Review for a livestock confinement operation for a dairy, on the hereinabove described parcel of land be, and hereby is , continued to January 19 , 1987 , at 10: 00 a.m. O._009-/ - At, r_„ �� - 870037 Page 2 RE: CONTINUE HEARING - AURORA CAPITAL CORPORATION The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 14th day of January, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS ATTEST: ,:74ut442, WELD COU T OLORADO Weld County Clerk and Recorder and Clerk to the Board Go do c , irman BY: 7ILu', l �, r .�c2v C. . I i b , Pro- em Deputy Countyerk g en/442- APPROVED /AS TO FORM: Gene R. Brantner ( 7 _ y� Jaa ue ! e o nson County Attorney Frank Yama•uchi 870037 HEARING CERTIFICATION DOCKET NO. 86-82 RE: USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION, 2,400 HEAD DAIRY - AURORA CAPITAL CORPORATION A public hearing was conducted on January 14, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Director of Planning Services, Chuck Cunliffe Certified Court Reporter, Barbara Billings The following business was transacted: I hereby certify that pursuant to a notice dated December 29, 1986, and duly published January 1, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the application of Aurora Capital Corporation for a Use by Special Review for a livestock confinement operation, 2,400 head dairy. Bruce Barker, Assistant County Attorney, made this matter of record. Chuck Cunliffe, Director of Planning Services, read the recommendation of the Planning Commission for denial of this application into the record. Mr. Barker read into the record the Use by Special Review standards which the Commissioners are to consider when making their decision and asked that public testimony be limited to these areas. Ken Lind, attorney representing the applicant, said that their presentation will show that the request is consistent with the Comprehensive Plan and will meet the standards for a Use by Special Review. Be said the application for a 2,400 head dairy was divided into two phases, each serving 1,200 head. The applicant would like to drop Phase 2, and consider only Phase 1 for 1,200 head at this time, with the understanding that at a later date they may request an amendment of the Use by Special Review. Mr. Barker advised the Board that it must decide whether this matter should be referred back to the Planning Commission for a recommendation on only Phase 1 or continue this hearing today. Mr. Lind stated that the applicant is willing to accept the Planning Commission's recommendation of denial as a recommendation of denial of Phase 1. Commissioner Johnson stated that she felt that a second hearing by the Planning Commission for a reduced number of cows is unnecessary and moved to continue with this hearing today. Commissioner Kirby seconded the motion and it carried unanimously. Before proceeding further, Commissioner Johnson asked how many cattle could be on the property as a use by right. Mr. Cunliffe advised the Board that this parcel of ground could contain 644 head of cattle as a use by right and explained the process which must be followed to amend a Use by Special Review. Mr. Lind said that this parcel has been used as a family farm and feeding operation, which in the wintertime often contained 900 to 950 head of cattle. He pointed out that the application was submitted under the old Weld County Comprehensive Plan, rather than the recently-adopted Comprehensive Plan, so will be considered under the old plan, but he feels it complies with both plans. Mr. Lind presented Exhibit GG, a Page 2 CERTIFICATION - AURORA CAPITAL CORPORATION USR Comprehensive Plan map, and Exhibit HH. Pat McNear, realtor with Scott Realty, testified concerning the effect this operation would have on land values. Ken Dell, planner with Rocky Mountain Consultants, explained the design of the dairy. After a short recess, Mr. Lind presented petitions said to contain 196 signatures in support of the dairy (Exhibit II) and a letter from Mountain Empire Dairyman's Association (Exhibit JJ) . Robert James, engineer with Rocky Mountain Consultants, explained the differences between the existing Colorado Dairy Farms operation located on Highway 66 and the proposed facility. Steve Rivas, employee of Colorado Dairy Farms, discussed the odor problems at the Highway 66 location and the improvements which were made when Colorado Dairy Farms took over this operation. (Tape Change #87-4) He also explained the lagoon design for the proposed operation. John Ewing, veterinarian serving Colorado Dairy Farms, testified that the dairy has a program which stresses preventive medicine and fly control. Jim Martin, owner of Colorado Animal Health, spoke regarding the insecticide which is used by Colorado Dairy Farms. Barney Little, general manager of Colorado Dairy Farms, spoke about the economics of the proposed operation and explained how the operation would be managed. Mr. Lind spoke briefly about the traffic impacts of the project and stated that the applicant would be willing to enter into a road agreement when necessary. Ray Voile explained the proposed road traffic patterns and said there would be a total of approximately 21 trucks per week delivering feed and picking up milk. Mr. James informed the Board that engineering design reports have been submitted to the Colorado Department of Health and approval is pending. He submitted Exhibit MM, showing the design of the ponds. Mr. Rivas explained the microbial activity of the lagoon and stated that the proposed system is over-sized for this facility. Mr. James explained how the waste water which has gone through the system, will be used for irrigation. He submitted Exhibit NN, typical data for nitrate levels in irrigated farms in Larimer and Weld Counties. (Tape Change #87-5) Mr. Rivas and Mr. James made further comments and Mr. Dell explained the proposed water supply. Mr. Dell submitted Exhibit 00, a letter from John Ewing, and Exhibit PP, a schematic drawing of service connections for the Little Thompson Water District. Mr. Lind asked that the applicant be allowed to rebut after the opposition has presented information. After a short recess, Thomas E. Hellerich, attorney representing a group named Citizens Opposing the Dairy, outlined ways in which he feels this application does not comply with the Comprehensive Plan and submitted Exhibit QQ, a letter from the Little Thompson Water District. Judith Green, speaking for the residents of Northmoor Acres, presented their concerns regarding quality of life and land values. Nanette Adler presented Exhibit RR, a map showing the location of those 330 persons who signed the petition submitted January 13, opposing this request. Jim Stroh, who operates a feedlot in the area, came forward to explain the significant differences between a feedlot operation and a dairy operation. Following a recess, Robert Willson, engineer, came forward to make a presentation. As part of his presentation, he submitted Exhibits SS, TT, UU, VV, (Tape Change #87-6) and WW. A short recess was called at this time. After this recess, Chairman Lacy explained that, because of the time and the length of the presentations still to be made, it would seem advisable to continue this hearing to 10:00 a.m. Monday, January 19, with the understanding that testimony will be taken from 10:00 a.m. until noon, with a one and a half hour lunch break, with testimony will be heard until the conclusion. Commissioner Johnson moved to continue this hearing to 10:00 a.m. , January 19. Commissioner Yamaguchi seconded the motion and it carried unanimously. Page 3 CERTIFICATION - AURORA CAPITAL CORPORATION USR This Certification was approved on the 19th day of January, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: 1 �/J# 4-Cl U Otte WELD C UN OLORAD Weld County CT'erk and Recorder and Clerk to the Board \ r . act' n � BY i. G7X l72�P : ( 1iw^ D putt' County Clerk. C.W, Kirby, Pro-Te Wise 4 igAS- Gene R. Brantner ( qctica,[ci�l�i` � John o� ►�� o c•��//ice, y'" _ % Frank Yadfaguchi TAPE #87-3, #87-4, #87-5, & #87-6 DOCKET #86-82 PL0097 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: JANUARY 14, 1987 DOCKET #86-81 - USR, CHANGE IN NON-CONFORMING USE (CULTURED MARBLE FABRICATION BUSINESS). ROBERT SEE DOCKET #86-82 - USR, LIVESTOCK CONFINEMENT OPERATION (2,400 HEAD DAIRY) AURORA CAPITAL CORPORATION PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. ___ NAME ADDRESS HEARING ATTENDING `) .s...o-,. J�.L,JYN. a..0 )or) ( „)..\\ } 1a I OO(c e 26 -c,' ,A r r / r � ! �4 ' 69r9g6 `/ ZJLk / 7 UTACR c w` tU r oft 1 lib( Cl 17 .- �iu-t l(�`L, �'& �i2 dLt / 772 '4/c ) 5- J'av,Tat•,L. 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