HomeMy WebLinkAbout20233649.tiff HEARING CERTIFICATION
DOCKET NO.2023-81
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0036,FOR A LIVESTOCK CONFINEMENT OPERATION(DRY-COW FACILITY
FOR UP TO 2,000 COWS) IN THE A (AGRICULTURAL) ZONE DISTRICT —
ROOSTER LAND COMPANY,LLC
A public hearing was conducted on December 20,2023,at 10:00 a.m.,with the following present:
Commissioner Mike Freeman,Chair
Commissioner Perry L.Buck,Pro-Tem
Commissioner Scott K.James
Commissioner Kevin D.Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board,Jan Warwick
Deputy County Attorney,Karin McDougal
Department of Planning Services representative,Chris Gathman
Department of Public Health and Environment representative,Lauren Light
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated November 14,2023,and duly published
November 17,2023,in the Greeley Tribune,a public hearing was conducted to consider the
request of Rooster Land Company,LLC,for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0036,for a Livestock Confinement Operation(dry-cow facility for up
to 2,000 cows)in the A(Agricultural)Zone District.Karin McDougal,Deputy County Attorney,
made this a matter of record.
El Chris Gathman,Department of Planning Services,presented a brief summary and shared
this proposal addresses an existing, on-site Use by Right dry-cow dairy facility. He stated
14 referrals were sent out,eight(8)were received back,four(4)with comments and four(4)
without comments.He stated the applicant's request is to expand an existing operation and
described the updates considered.He explained the number of cows cannot exceed six(6)cows
per acre,since the size of the proposed facility is 120 acres,and he described the operation.He
relayed a new septic system has been installed,there are two(2)commercial use wells permitted,
there will be five(5)full-time employees,three(3)day-shift employees,and two(2)night-shift
employees.He relayed the well capacity limits the site to 1,180 cows on a yearly basis.He
described the adjacent properties and surrounding Uses,stated ten(10)surrounding property
owners (SPOs)were noticed, two (2) returned comments relating to the expansion being
incompatible with the surrounding area,traffic noise,hazards of semi-trucks pulling out onto
County Road(CR)22,and increased manure,odor,and flies.They also noted concern of
proximity of lights from the operation and early hour operation;however,Mr.Gathman explained
the Conditions of Approval(COA)will help mitigate concerns,a Lighting Plan will be submitted,
and he described soils on the property.Mr.Gathman entered the favorable recommendation of
cc:PL(ER/MW/c664O/DA) 2023-3649
o t 42(,(2,4 PL2898
HEARING CERTIFICATION-ROOSTER LAND COMPANY,LLC(USR23-0036)
PAGE 2
the Planning Commission into the record, as written,and displayed images of the site and
surrounding views.
El Lauren Light,Department of Public Health and Environment,stated there are two(2)wells
designated for commercial and livestock use.She relayed the septic system is sized for six(6)
people,the facility is registered as a Confined Animal Feeding Operation(CAFO)with the
Colorado Department of Public Health and Environment through the Environmental Agricultural
Program,the applicant supplied a Nuisance Management Plan that addresses pest control,air
quality,noise,and drainage requirements.She relayed the waste storage pond is required to
have a liner with seepage rates determined by a registered engineer and the Manure
Management Plan states solid manure will be removed off-site for land application.She stated
staff presented 21 Development Standards(DS)to be adhered to and there are no outstanding
concerns with the application.In response to Commissioner James,Ms.Light stated an APEN is
not required.
Mr.Gathman relayed,per the Development Review staff,the facility has three(3)permitted
access points onto CR 22,which is a paved,arterial road,which requires 140 feet of right-of-way.
He stated recent traffic counts report 1,704 vehicles per day,with 44%trucks,and the traffic
analysis indicates an average of 16 truck round trips per day and seven(7)passenger vehicle
round trips per day.He explained a Road Maintenance Agreement is requested,including,but
not limited to,dust control and damage repair to specified haul routes,and the site meets the
stormwater drainage exception to detention.
Travis Hertneky, THEngineering, LLC, described the Dry Cow, LLC operation via a
PowerPoint presentation(marked Exhibit D).He provided an overview of the operational traffic,
access,site plan,wastewater,and lighting.
Patricia Palladino,on behalf of Sharon Lykes,SPO,relayed concerns regarding traffic,and
requested confirmation of traffic counts.She stated Ms.Lykes'driveway runs north/south of the
proposed facility;thus,she is concerned with the increase in noise from the semi-trucks.
Ei Mr.Herteky addressed the traffic issue,pointing out the 16-truck count is during the peak
harvest season;however,the average number is six and one-half(6.5)trucks per day.He relayed
there has been a discussion with a specific driver,which should lower the braking noise.
4'In response to Commissioner James, Ms. Light stated DS#25 and#26 are included
specifically for dairies and feedlots,due to the number of complaints regarding rodent and fly
nuisances.The Board reviewed the Conditions of Approval and Development Standards,and no
changes or corrections were made.
In response to Chair Freeman,Mr.Hertneky,on behalf of the applicant,indicated they have
reviewed,and agreed to abide by,the Conditions of Approval and Development Standards,as
presented.
2023-3649
PL2898
HEARING CERTIFICATION-ROOSTER LAND COMPANY,LLC(USR23-0036)
PAGE 3
Commissioner Ross moved to approve the request of Rooster Land Company,LLC,for a
Site Specific Development Plan and Use by Special Review Permit,USR23-0036,for Livestock
Confinement Operation(dry cow facility for up to 2,000 cows)in the A(Agricultural)Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards,as presented.The motion was seconded by
Commissioner Buck,and it carried unanimously.There being no further discussion,the hearing
was completed at 11:38 a.m.
This Certification was approved on the 3rd day of January,2024,by the newly nominated and
approved Board of Commissioners for 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY O
ATTEST: ditirwo
Ross,Chair
Weld County Clerk to the Board •
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Perry L.B ,Pro-Tem B(.-4tg-frvi.LietAtOsi Deputy Clerk to the Board r �,n-e.9-�---
,�""*�� Mike Freeman
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2023-3649
PL2898
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