HomeMy WebLinkAbout870421.tiff P.ESOLUTI_ON
RE: DENY USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT
OPERATION FOR 20 ,000 HEAD OF SHEEP - GARY BRAGDON
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 27th day of May, 1987 , at the hour of 2 : 00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of Gary Bragdon , 4106 22nd Street , Greeley, Colorado
80634 , for a Use by Special Review for a livestock confinement
operation for 20 ,000 head of sheep on the following described real
estate , to-wit:
The SE; of Section 8 , Township 5 North, Range
67 West of the 6th P.M. , Weld County, Colorado
WHEREAS, said applicant was represented by Robert E. Ray,
Attorney, and
WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and , having been fully informed, finds that this
request shall be denied for the following reasons:
1 . It _is the opinion of the Board of County Commissioners
that the applicant has not shown compliance with Section
24. 4 . 2 of the Weld County Zoning Ordinance as follows:
a. The uses which would be permitted will not be
compatible with the existing surrounding land uses .
b . The uses which would be permitted will not be
compatible with the future development of the
surrounding area as permitted by the existing zone
and with future development as projected by the
Comprehensive Plan of the County and plan of the
City of Greeley.
V 870421
Page 2
RE: DENY USR - BRAGDON
c. It is doubtful that there is adequate provision for
the protection of the health, safety and welfare of
the inhabitants of the neighborhood and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Use by Special Review for livestock confinement operation for
20 ,000 head of sheep on the hereinabove described parcel of land
be, and hereby is , denied.
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 27th day of
May, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: �n rv�"✓L vs i WELD COUNTY ORADO
Weld County
(LCC erk and Recorder (NAY)
and Clerk to the Board Gor n c , irman
(AYE)
BY: 012/ /3L -� C. Kirb , Pr Tem
Deputy County lerk (AYE)
APPROVED AS TO FORM: Gene R. ran ner
EXCUSED DATE OF SIGNING (AYE)
< / Jac uel ' e Johns
I ' < /L-• (AYE)
- ,County Attorney
Frank amaguchi
870421
HEARING CERTIFICATION
DOCKET NO. 87-19
RE: USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR
20,000 HEAD OF SHEEP - GARY BRAGDON
A public hearing was conducted on May 27, 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
County Attorney, Thomas 0. David
Planning Department representative, Lanell Swanson
The following business was transacted:
I hereby certify that pursuant to a notice dated May 4, 1987, and duly
published May 14, 1987, in the Johnstown Breeze, a public hearing was
conducted to consider the request of Gary Bragdon for a Use by Special
Review for a livestock confinement operation for 20,000 head of sheep.
Tom David, County Attorney, made this matter of record. Lanell
Swanson, Planning Department representative, read the favorable
recommendation of the Planning Commission, which is subject to three
Conditions and nineteen Development Standards, into the record.
Attorney Bob Ray came forward to represent the applicant. He stated
that there are already four feedlots and two dairies in this area.
Gary Bragdon, the applicant, came forward to present information
regarding his personal qualifications and the proposed operation.
Responding to a question from Commissioner Johnson regarding
Development Standard #8, Wes Potter, Health Department representative,
explained the residential odor standards and stated that he feels those
standards can be adhered to on this property. Those who came forward
to comment concerning this request included: Glenn Billings,
representing the present owners and the developer of the Golden
Triangle area; (Tape Change 1187-39) Vern Nelson, of Nelson Engineers;
and James Long, president of Indianhead Homeowners Association. Lynn
Hammond, Attorney representing Donald Leonard, submitted a letter from
David Shupe, an engineer with Landmark Engineering, and asked Mr. Shupe
questions concerning the impact this proposal would have on surrounding
areas. Also speaking were: Ted Lind, a neighbor; Rebecca Safarik, of
the Greeley Planning Department; (Let the record reflect that Bruce T.
Barker, Assistant County Attorney, replaced Mr. David.) Alma Zeiler
McKee, representing Zeiler Farms; Frank Platt, owner of a nearby dairy
who spoke of the possibility of transmitted diseases; Eric Aas, a
nearby resident; Garry Weinmeister, who presented a petition in
opposition; Mike Connell, who spoke in favor of the application; Judy
Hartshorn, a neighbor opposed to expected dust; Brad Weiler, who
submitted letters from his parents and a former owner of the property;
Tom Schmerge, who owns property in the area; and Dan Stroh, realtor
representing the seller of this property. After a short break, Mr.
Ray presented a short rebuttal, stating that this application is in
compliance with the Weld County Zoning Ordinance. (Let the record
reflect that Lee D. Morrison, Assistant County Attorney, has replaced
Mr. Barker.) After discussion regarding drainage and odor,
Commissioner Johnson moved to deny the request for a Use by Special.
Review, based upon the proposed future use of the neighborhood and the
870412
Page 2
CERTIFICATION: USR - BRAGDON
doubt that there is adequate provision for the protection of the
health, safety and welfare of the neighborhood. The motion was
seconded by Commissioner Yamaguchi. Commissioner Brantner said that he
will vote for the motion. Chairman Lacy said he will vote against the
motion and gave his reasons for doing so. Commissioner Kirby reviewed
the criteria for granting a Use by Special Review and stated that he
will vote for the motion. (Tape Change #87-40) On a roll call vote,
the motion to deny the Use by Special Review carried 4-1, with Chairman
Lacy casting the dissenting vote.
This Certification was approved on the 1st day of June, 1987.
APPROVED:
�.q g .f!- ` BOARD OF COUNTY COMMISSIONERS
ATTEST: YLAA,nttidditatUkri' WELD COUNTY, ORAD
Weld County C1 rk and Recorder
and Clerk( ��� �to� then Board [� �/ Go do . ac an
BY: 1. U.lJLCx l fimfbite r 1 --
Deputy County Clerk C.Xn Kirby, ro-Te 1
Gene R. Brantner
EXCUSED DATE OF APPROVAL
Ja eli Johnson i
Frank Yamaguchi
TAPE #87-38, #87-39 & #87-40
DOCKET #87-19
PL0117
870412
ATTENDANCE RECORD
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY' S HEARINGS ARE AS FOLLOWS: May 27 , 1987
DOCKET #87-22 - LISP , Livestock confinement operation - Jack Dinis
DOCKET #87-23 - Amend USR, Open-cut mining pit on additional 9 acres - Weld
County Corporation
DOCKET #87-24 - USR, Home business (beauty shop) - Eva Jean Sheets
DOCKET #87-25 - Substantial change in COZ application - Barbara Johnson
DOCKET #87-19 - USR, Livestock confinement operation - Gary Bragdon
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I 870421
e
ATTENDANCE RECORD
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY' S HEARINGS ARE AS FOLLOWS : May 27 , 1987
DOCKET 487-22 - USR, Livestock confinement operation - Jack Dinis
DOCKET #87-23 - Amend USR, Open-cut mining pit on additional 9 acres - Weld
County Corporation
DOCKET #87-24 - USR, Home business (beauty shop) - Eva Jean Sheets
DOCKET #87-25 - Substantial change in COZ application - Barbara Johnson
DOCKET #87-19 - USR, Livestock confinement operation - Gary Bragdon
pet77,444,727,I)
NAME ADDRESS �( HFAR�ING ATTENDING
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870421
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