HomeMy WebLinkAbout972156.tiffHEARING CERTIFICATION
DOCKET NO. 97-42
RE: SPECIAL REVIEW PERMIT #1091 - FINAL REVIEW AND APPROVAL OF A
COMPREHENSIVE MANURE RUN-OFF AND PROCESS WASTE WATER HANDLING
PLAN FOR A 2,000 -HEAD DAIRY, A DUST ABATEMENT PLAN, A FLY CONTROL PLAN,
AND AN ODOR ABATEMENT PLAN, ALL OF WHICH SHALL MEET THE
REQUIREMENTS CONCERNING THE HEALTH, SAFETY, AND WELFARE OF THE
NEIGHBORHOOD, INCLUDED IN THE WELD COUNTY ZONING ORDINANCE, AS
FOLLOWS: DESIGN STANDARDS (SECTION 24.5), OPERATION STANDARDS
(SECTION 24.6), AND LIVESTOCK FEEDING PERFORMANCE STANDARDS (SECTION
47) - HIRSCH DAIRY
A public hearing was conducted on October 1, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 20, 1997, and duly published September 18,
1997, in the South Weld Sun, a public hearing was held to conduct the final review and approval
of a comprehensive manure run-off and process waste water handling plan for a 2,000 -head dairy,
a dust abatement plan, a fly control plan, and an odor abatement plan, all of which shall meet the
requirements concerning the health, safety, and welfare of the neighborhood, included in the Weld
County Zoning Ordinance, as follows: Design Standards (Section 24.5), Operation Standards
(Section 24.6), and Livestock Feeding Performance Standards (Section 47) for Special Review
Permit #1091 held by the Hirsch Dairy. Lee Morrison, Assistant County Attorney, made this a
matter of record and stated all final plans have now been received and are ready for consideration
of approval. Todd Hodges, Department of Planning Services representative, gave an overview of
the hearing held December 16, 1996, at which time Conditions of Approval were added to USR
#1091 requiring the abovementioned plans be considered for approval before the Board of County
Commissioners. Mr. Hodges stated Planning staff has no problem with granting the request of
certain property owners for a continuance of this hearing to allow time for review of the final plans
by their attorney and engineer. Tom Hellerich, representing said surrounding property owners,
stated copies of the plans were not available in time for his client's engineer to prepare comments
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for this hearing. He indicated the notice dated August 20, 1997, stated that the information was
available; however, the applicant failed to submit the plans until September 29, 1997. Mr. Hellerich
also noted substantial changes were made between the draft and final copies of the plans.
(Changed to Tape #97-25 while Mr. Hellerich was speaking.) Responding to questions from
Commissioner Kirkmeyer, Trevor Jiricek, Health Department, stated he met with the applicants
prior to the submission on September 29, 1997, and was, therefore, aware of the changes being
made. Forrest Leaf, Professional Engineer representing surrounding property owners, stated he
received a copy of the plan on September 29, 1997 at 10:30 a.m. One substantial change he did
note is the depth of the groundwater which was changed from four feet to one foot. He also noted
statements were removed and there were numerous changes in the exhibits. David Rau,
Professional Engineer for the applicant, stated he wrote the plan and there are no substantial
changes. He also stated the document, without exhibits, is only 21 pages. John Chilson, Attorney
representing the applicant, stated the reason this hearing was set was at the insistence of Mr.
Hellerich's clients, and noted the surrounding property owners are not the regulators for this permit.
He stated the copies were submitted within the timeframe established by Health Department staff
and he would rather this hearing proceed. If input is desired from Mr. Hellerich or Mr. Leaf, the
case could remain open for a two-week period to allow written response before a final decision was
made. Mr. Morrison responded to questions from Chair Baxter and Commissioner Kirkmeyer that
the compromise suggested by Mr. Chilson is at the Board's discretion and, if desired, the dates
could be determined after hearing testimony today. Mr. Hellerich argued this hearing was not
scheduled upon demand and the last hearing was held 11 months ago; however, the applicant
waited until 48 hours prior to this hearing to submit the plans. He objected to public input being
reduced to writing and questioned whether State Health Department comments have been received
on this plan. Responding to Commissioner Kirkmeyer, Mr. Hellerich stated he needs two weeks
after comments are received to review the plans. Commissioner Harbert said she was against
hearing public testimony on separate days. Responding to questions from Commissioner Hall, Mr.
Rau stated the submittal dates were negotiated with staff and were due last Friday. Mr. Morrison
explained to Commissioner Hall that the hearing date was set after discussion with staff concerning
the lack of any submittal by the applicant. Staff felt that setting a hearing date would provide a
deadline for submittal. Commissioner Hall indicated in the normal hearing process the applicant
makes such plans available at the hearing and he would prefer holding the hearing today. Victor
Saenz, Colorado Department of Health and Environment, stated he received the final plan
September 30, 1997, at 5:30 p.m. He indicated he has a period of 45 days to submit his written
comments; however, they may be available sooner. Responding to Commissioner Kirkmeyer, at
this time he does not feel the changes are substantial. Commissioner Baxter mentioned the
expense to the applicant to have everyone available today and stated he prefers the applicant be
allowed to present his information today. Commissioner Webster stated he prefers all testimony
be presented at one time. Commission Kirkmeyer stated this hearing is already an exception to
regular procedure and she would prefer oral testimony be taken today, with a two-week period of
time in which anyone could submit written testimony prior to the Board's decision. After further
discussion, Commissioner Webster moved to continue the hearing to October 22, 1997, at 10:00
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a.m. Seconded by Commissioner Hall, the motion carried four to one, with Commissioner
Kirkmeyer voting against the motion.
This Certification was approved on the 6th day of October, 1997.
APPROVED:
ATTEST: ./�li�I,i i_ BOARD OF COUNTY COMMISSIONERS
WELD;OUNTY, COLORADO
V -7 4
Weld Cou
o BY. �'
Deputy Cler
TAPE #97-24 & #97-25
DOCKET #97-42
�Geo e E Baxter Chair
nstance L. Harbert, ro-Te
Dale K.
/Barbara J. Kirkmeyer
W. H. 5st
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1st DAY OF October, 1997:
DOCKET #97-52 - Todd and Rhonda Amen
DOCKET #97-42 - Hirsch Dairy
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) HEARING ATTENDING
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