HomeMy WebLinkAbout981737.tiff HEARING CERTIFICATION
DOCKET NO. 98-50
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1197 FOR AN
AGRICULTURAL SERVICE ESTABLISHMENT (LIVESTOCK CONFINEMENT
OPERATION) FOR UP TO 10,000 HEAD OF CATTLE IN THE A(AGRICULTURAL) ZONE
DISTRICT - HUNT FEEDYARD, % DAVID HUNT
A public hearing was conducted on September 21, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
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 14, 1998, and duly published August 26,
1998, in the Platteville Herald, a public hearing was conducted on September 9, 1998, to consider
the request of Hunt Feedyard, % David Hunt for a Site Specific Development Plan and Special
Review Permit#1197 for an Agricultural Service Establishment (livestock confinement operation)
for up to 10,000 head of cattle in the A (Agricultural) Zone District, at which time said matter was
continued to September 21, 1998. At said hearing on September 21, 1998, Lee Morrison, Assistant
County Attorney, made this a matter of record. Eric Jerman, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Jerman stated this
proposal complies with the Weld County Zoning Ordinance and Comprehensive Plan. He further
stated the site is located within the Urban Growth Boundary of the Town of Gilcrest; however, the
Town expressed no concern with the proposal. Mr. Jerman gave a brief description of the location
of the site. Don Carroll, Department of Public Works representative, recommended the applicant
pave Weld County Road 40 from the east boundary of the property east to the Railroad tracks, as
well as the entrance from the road to the gate of the operation. Mr. Carroll submitted a drawing of
the proposed area to be paved, marked Exhibit F, and stated paving this portion of road will be more
effective in controlling dust during heavy hauling to the site, as well as when crossing the Railroad
tracks to the west. In response to Commissioner Hall, Mr. Carroll stated the applicant has been
providing dust control in front of several homes located to the east. Responding to Commissioner
Kirkmeyer, Mr. Carroll stated it is approximately one-half mile from the site to Weld County Road 31.
Chair Harbert commented she has receive dust complaints from surrounding property owners and
expressed concern over an increase in traffic.
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HEARING CERTIFICATION - HUNT FEEDYARD, % DAVID HUNT (USR#1197)
PAGE 2
David Hunt, applicant, stated he would like to increase the limit of his permit from 5,000 to 10,000
cattle. He is proposing to add one alley with pens on either side. He clarified that he will usually
have approximately 8,000 cattle; however, there may be times when the number is a little higher and
he does not want to be in violation. Mr. Hunt stated the existing retention pond will be adequate for
the additional pens, and dust, fly, and odor plans have been submitted for review. He further stated
the surrounding property owners have signed a petition in favor of his request and added they
understand this is an agricultural area. In response to Commissioner Baxter, Mr. Hunt stated he is
willing to continue providing dust control in front of his neighbor's homes. He stated there are times
when his trucks haul silage and create more traffic, and estimated his operation contributes 10
percent of the total traffic count on a regular basis. In response to Commissioner Kirkmeyer, Mr.
Morrison interpreted the word "connection" in Condition of Approval #3 to refer to the intersection
of Weld County Road 40 and State Highway 85, and stated if the traffic count at that intersection
increases by twenty percent, then an access permit will be required. Responding to Commissioner
Kirkmeyer, Mr. Carroll stated there were 456 vehicles counted within a mile from the intersection of
Weld County Road 40 and Highway 85 in 1996. Commissioner Hall commented that he does not
feel adding two or three trucks will increase the overall traffic by twenty percent. In response to
Commissioner Webster, Mr. Hunt stated 24,000 tons of silage are stored on site. Responding to
Commissioner Hall, Mr. Hunt stated he is willing to pave the 286 feet as proposed by the Public
Works Department; however, he does not feel that he is solely responsible for the traffic and dust
on Weld County Road 40. He stated he is willing to contribute $8,000 and has been told by
surrounding property owners that they will also help pave the road between Highway 85 and Weld
County Road 31. He further stated he is willing to continue providing 200-300 feet of dust control
in front of his neighbors homes to the east. In response to Chair Harbert, Mr. Hunt stated he is in
agreement with the Conditions of Approval and Development Standards, and explained they will
invest$30,000 to update the dust suppression system before the pens are built. Commissioner Hall
commented he feels the applicant should be able to choose the method of dust control at the
entrance to the site. Commissioner Hall suggested deleting the last sentence of Condition of
Approval#2.E to indicate the applicant shall continue to provide dust control as he has been doing
in the past.
Doug Campbell, Patina Oil and Gas representative, gave a brief description of four wells located on
the property and requested assurance that Patina will continue to be granted access to the wells
for maintenance and room for reworking them if necessary. Mr. Morrison stated the County does
not regulate wells; however, the surface owner cannot interfere and must provide reasonable
access. He further stated the plat should show the wells as a use that the applicant must work
around. Chair Harbert commented that the proposed pens will be further from the wells than the
current pens. Mr. Campbell submitted a map with the well locations, marked Exhibit E. In response
to Commissioners Webster and Kirkmeyer, Mr. Campbell clarified Patina Oil and Gas is not in
opposition to the proposal and is requesting the presence of the wells be included in the record if
there should ever be a conflict. Following discussion, Mr. Campbell stated his comments on record
are sufficient evidence to clarify the applicant is aware of the location of the wells.
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PL1264
HEARING CERTIFICATION - HUNT FEEDYARD, % DAVID HUNT (USR #1197)
PAGE 3
Tom Haren represented the applicant and stated Mr. Hunt has been very cooperative in working
with his neighbors. He further stated a Comprehensive Environmental Management Plan has been
designed for manure, waste water, and nuisance control. In response to Commissioner Kirkmeyer,
Mr. Morrison suggested adding Condition of Approval #2.H to reference the wells which may be a
potential conflict to the to be shown on the plat. Commissioner Kirkmeyer suggested deleting
Condition of Approval #2.E and stated Mr. Hunt will likely continue to provide dust control for his
neighbors; however, he should only be required to spray the first mile as stated in Development
Standard #28.
Commissioner Kirkmeyer moved to approve the request of Hunt Feedyard, % David Hunt for a Site
Specific Development Plan and Special Review Permit #1197 for an Agricultural Service
Establishment (livestock confinement operation) for up to 10,000 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 with the deletion of#2.E and relettering the following paragraphs, addition of Condition of
Approval#2.H regarding oil and gas wells be shown on the plat prior to recording, amend Condition
of Approval#3 to clarify the word `connection" means the intersection of State Highway 85 and Weld
County Road 40, delete Development Standards#19 and #20, move Development Standard #28
before #26, and renumber. The motion was seconded by Commissioner Webster, and it carried
unanimously.
This Certification was approved on the 23rd day of September, 1998.
tt pTi APPROVED:
` BOARD OF COUNTY COMMISSIONERS
E > W D COUNTY, COLORADO:
c.i
Weld ty o the Boyd
Constance L. Harbe Char
erk to the Board .( fl4 16 VET
W. H. Webster, Pro-Tem
TAPE#98-24
-'George'E. Baxter
DOCKET#98-50
Dale K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
981737
PL1264
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF SEPTEMBER, 1998:
DOCKET#98-50 - HUNT FEEDYARD, C/O DAVID HUNT
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) DOCKET#OF HEARING ATTENDING
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