HomeMy WebLinkAbout991824.tiff HEARING CERTIFICATION
DOCKET NO. 99-52
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT#587
FOR AN AGRICULTURAL SERVICES ESTABLISHMENT FOR A LIVESTOCK
CONFINEMENT OPERATION (DAIRY FOR 1,850 HEAD OF CATTLE) IN THE
A(AGRICULTURAL)ZONE DISTRICT-LESTER AND SHERRILL HARDESTY, HARD-LE
HOLSTEINS, % PHILIP BRINK, ENVIRO STOCK, INC.
A public hearing was conducted on July 28, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
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 July 14, 1999, and duly published July 17, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Lester and
Sherrill Hardesty, Hard-Le Holsteins, % Philip Brink, Enviro Stock, Inc., for a Site Specific
Development Plan and Amended Special Review Permit #587 for an Agricultural Services
Establishment for a Livestock Confinement Operation (dairy for 1,850 head of cattle) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. 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.
Ms. Chester gave a brief description of the location of the site and stated all twelve referral
agencies responded favorably to the proposal with comments and suggested Conditions of
Approval. She stated the proposal is consistent with the Weld County Comprehensive Plan, and
the land is designated prime farm ground, which is being used for a dairy. Ms. Chester described
the surrounding uses, and stated Use by Special Review Permit #587 was approved for an
expansion of a feedlot to 3,000 head of cattle and 1,000 hogs in October 1983, and the applicant
requested the Permit be vacated in April 1990; however,the permit was never vacated. She stated
the applicant has been operating a dairy with the number of animal units allowed by right since
1990. The site is located within the three-mile referral areas of the City of Greeley and Town of
Eaton; however, neither municipality expressed concerns with the proposal. In response to
Commissioner Geile, Don Carroll, Department of Public Works, stated he reviewed the site and is
requesting one side of the split access be closed, as well as the access on the east side of the
property near the existing lagoon. Ms. Chester showed a video displaying the various accesses,
main house, employee housing, corrals, pens, ponds, manure storage area, access to the oil and
gas well, and berm. In response to Commissioner Kirkmeyer, Ms. Chester clarified that the
991824
C( Pt., )}r, PL0489
HEARING CERTIFICATION - LESTER AND SHERRILL HARDESTY, HARD-LE HOLSTEINS,
PHILIP BRINK, ENVIRO STOCK (USR #587)
PAGE 2
Planning Commission did include the change to Development Standard #20 from four structures
to two in its motion. She explained Patina Oil and Gas Company is mainly concerned with the
future development of the dairy and its access to the wells; however, Development Standard #23
addresses the ingress and egress to the wells. Commissioner Kirkmeyer expressed concern with
the word "shall" in Development Standard #23 and suggested the standard language be included
requiring the applicant to allow reasonable access to the wells. Mr. Morrison stated the language
can be changed; however, if the parties cannot come to an agreement, the County will need to
mitigate the situation. In response to Commissioner Geile, Ms. Chester explained that because
the original permit was never vacated, staff decided an amendment is appropriate. She stated the
appropriate language from the original permit was carried over into the amendment; however, due
to the proposed use, a majority of the language is new. Mr. Morrison recommended adding a
Development Standard clarifying that the language of the original permit is void and the old use is
no longer permitted.
Les Hardesty, applicant, stated they are requesting 1,850 animals due to the changing industry and
to ensure there is a productive operation for his family in future years. Mr. Hardesty stated several
improvements have been made since the Planning Commission hearing. He explained the new
lagoon has been dug and the compaction is being completed, there are three new pens, a berm
has been constructed to direct flow near the old lagoon, and the requested accesses onto Weld
County Road 72 have been closed. In response to Chair Hall, Mr. Hardesty stated he has reviewed
and agrees with the Conditions of Approval and Development Standards, and has no problems with
Patina entering the property as long as their projects do not disturb his dairy operation. He
explained the flow line has been abandoned but will be left in place. Responding to Commissioner
Geile, Mr. Hardesty stated there was a discharge from the site in late April due to tremendous
amounts of rain. He explained one of the neighbor's fields was flooded; however, his property lies
at the bottom of a natural flow path and received water from numerous properties, including the
dairy. Since that time, improvements have been made and the new lagoon is designed to handle
a similar event and prevent any further discharges. The old lagoon will serve as a storm water
retention pond which can be pumped into the new lagoon to help prevent water along the adjacent
roads. In response to Commissioner Baxter, Mr. Hardesty stated a majority of the feed trucks
enter the access which runs between the feed bunks and accesses the barn and the split access
was a secondary access; however, since the west side of the split access has been closed, he is
no longer able to access at this point with a semi-trailer.
Bill Wailes, Colorado State University, Cooperative Extension, Department of Agriculture/Animal
Sciences, stated he is in favor of this application. Mr. Wailes stated this is a good example of how
dairies should be operated, and is ranked in the top one percent of production in the State of
Colorado. He stated Mr. Hardesty uses innovative herd management and technology, and is
involved in numerous industry committees.
Rick Dumm, stated he does all of the veterinary work for the Hardesty Dairy and due to the
management practices and biosecurity measures, the animals are well cared for, produce good
milk, and are generally healthy.
Ms. Chester proposed language for Development Standard#27 to state, "No Condition of Approval
or Development Standard of original Use by Special Review Permit #587 shall be applicable to
Amended Use by Special Review Permit #587." Philip Brink, Enviro Stock, Inc., represented the
991824
PL0489
HEARING CERTIFICATION - LESTER AND SHERRILL HARDESTY, HARD-LE HOLSTEINS,
% PHILIP BRINK, ENVIRO STOCK (USR #587)
PAGE 3
applicant and requested Ms. Chester's proposed language also incorporate the date that the
original permit was approved.
Commissioner Kirkmeyer moved to approve the request of Lester and Sherrill Hardesty, Hard-Le
Holsteins, % Philip Brink, Enviro Stock, Inc., for a Site Specific Development Plan and Amended
Special Review Permit#587 for an Agricultural Services Establishment for a Livestock Confinement
Operation (dairy for 1,850 head of cattle) 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, and amend Development
Standard#23 by replacing the words "Patina, or any other mineral owner, the right of ingress and
egress" with "the mineral owner reasonable access," insert a new Development Standard #27 to
state, "No Condition of Approval or Development Standard of Use by Special Review Permit#587,
dated December 7, 1983, shall be applicable to Amended Use by Special Review Permit #587,"
and renumber. Mr. Morrison stated the words "or demonstrate that reasonable accommodation
has been made" should be added to the end of Condition of Approval #2.H. Commissioner
Kirkmeyer amended her motion. The amended motion was seconded by Commissioner Geile, and
it carried unanimously.
This Certification was approved on the 2nd day of August, 1999.
APPROVED:
ATTEST: aue 1BOARD OF COUNTY COMMISSIONERS
D COUNTY, COL AD
Weld County Clerk to the . •.n
/
/ it 1 /fl i ..;! •- e K. Hall, Chair /
BY: /r_, �� I.: f %nit"_
Deputy Clerk to the .- ''%in�` � �,!� _ � i - A .� t'
rer+�?- Barbara J. Kirkmeyer, Pro-Te
TAPE #99-26 �
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Georg E. ter
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M. J. eile
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Glenn Vaao1
991824
PL0489
EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #587 - LESTER AND SHERRILL HARDESTY, HARD-LE HOLSTEINS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (06/15/99 Minutes)
D. Clerk to the Board Notice of Hearing
E. Thomas Rea, Genetics West Letter of Support
F. Kaye Montera Letter of Support
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF JULY, 1999:
DOCKET#99-51 - USR #1232 FOR A GUEST FARM IN THE A (AGRICULTURAL) ZONE
DISTRICT, JAMES ANDERSON & MIKE SMITH, do THOMAS HAREN,
ENVIRO STOCK, INC.
DOCKET #99-52 - AMENDED USR #587 FOR LIVESTOCK CONFINEMENT OPERATION
(DAIRY FOR 1,850 HEAD), SHERRILL HARDESTY, HARD-LE
HOLSTEINS, do PHILIP BRINK, ENVIRO STOCK, INC.
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/9DDRESS(Please include City and Zip Code)DOCKET/#/OF HEARING ATTENDING
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