HomeMy WebLinkAbout20192315.tiffHEARING CERTIFICATION
DOCKET NO. 2019-77
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0020, FOR A LIVESTOCK CONFINEMENT OPERATION (7,000 HEAD OF
CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT - RUSSELL AND CONNIE
MOSS
A public hearing was conducted on June 26, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Ben Frissell
The following business was transacted:
a I hereby certify that pursuant to a notice dated May 14, 2019, and duly published May 17,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Russell
and Connie Moss, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0020, for a Livestock Confinement Operation (7,000 head of cattle) in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
0 Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and Commissioner
Conway excused.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated 14 referrals were sent out with no objections received in return. She indicated the site
is located within the floodplain, on soils designated as "Prime, if irrigated," and is approximately
27 acres. She mentioned the site is located within the three (3) mile referral areas of the Towns
of Eaton and Ault, which indicated no concerns. She explained there is an existing Use by Right;
however, the increase in animal units requires a USR. She described the proposed uses, fencing,
lighting, and provided the hours of operation. Ms. Snyder stated there are five (5) employees
proposed for the operation, and described the adjacent lands. She stated notice was sent to seven
(7) surrounding property owners (SPO), who indicated concerns regarding the odors, flies, truck
traffic and dust. She mentioned the surrounding USRs, and displayed images of the site and
surrounding views. Lastly, she entered the favorable recommendation of the Planning
Commission into the record as written.
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E Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated access for the site will be on County Road (CR) 80. He
described the latest traffic counts and average speed. He stated there would approximately be
five (5) passenger vehicle roundtrips, and five (5) to ten (10) semi -tractor trailers daily roundtrips
with rendering vehicle trips, as needed. He described the primary direction of travel, and indicated
tracking control and a Road Maintenance Agreement will be required.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated water is provided by the North Weld County Water District (NWCWD). He
indicated an existing septic system services the site, which will need to be evaluated or brought
into compliance prior to recording the plat. He stated a Nuisance Management Plan is required
and explained no fuel storage, or maintenance of vehicles or equipment will be done on the site
and Development Standards (DS) #17-35 address Environmental Health items.
e Tim Naylor, AGPROfessionals, represented the applicant, and reviewed his PowerPoint
presentation (Exhibit D). He indicated the site is an existing feedlot operating as a Use by Right;
however, the applicant would like to obtain the USR to allow for further expansion for future
landowners. He displayed a vicinity map and described the surrounding uses. He presented and
explained the proposed site plan and reiterated there is a floodplain within the property. He
described the proposed number of employees and hours of operation, and mentioned the
activities that will occur at the site. He explained how the Use complies with each of the criteria of
the Code, and described how the application is consistent with the Comprehensive Plan,
A (Agricultural) Zone, the intent of the A (Agricultural) Zone, and compatible with surrounding
uses. Mr. Naylor stated the site is not considered "Prime" and reiterated it is within the floodplain.
He explained the applicants' efforts to protect the health, safety, and welfare of the County
residents. He stressed the importance of water protection and stated a third -party transfer of
manure is proposed. He displayed an image, which explained the calculations for determining the
construction of the wastewater pond, and indicated the applicant had submitted a Nuisance
Management Plan. He mentioned access will be off CR 80, and noted no new accesses are
proposed. He reiterated the number of vehicles associated with the site and the primary route,
and requested approval of the Board.
El No public testimony was offered concerning this matter.
El In response to Chair Kirkmeyer, Mr. Naylor requested the deletion of COA #1.C.10 (tracking
control), and the Board and staff agreed. Similarly, the Board agreed to delete COA #4.6 (tracking
control), and Chair Kirkmeyer requested modifying DS #4 (number of employees) to state "up to
five (5)."Chair Kirkmeyer suggested deleting the last portion of DS #10 (access amd public road
impact mitigations), and the Board agreed to delete DS #30 (Colorado Air Quality Control
Regulations) and DS #31 (noise level). Chair Kirkmeyer requested to delete "potentially"from DS
#32 (hazardous chemicals), and reviewed all changes made to the Resolution.
e In response to Chair Kirkmeyer, Mr. Naylor indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
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HEARING CERTIFICATION - RUSSELL AND CONNIE MOSS (USR19-0020)
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There was no public testimony concerning the changes to the Conditions of Approval and
Development Standards.
IR Commissioner Moreno moved to approve the request of Russell and Connie Moss for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0020, for a Livestock
Confinement Operation (7,000 head of cattle) 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 entered into the record. The motion was seconded by
Commissioner Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:11 a.m.
This Certification was approved on the 1st day of July, 2019.
BOARD OF COUNTY COMMISSIONERS
WECOUNTY, CO O'ADO .
ATTEST: dltrifeAj 41.Gco%1,k,
Weld County Clerk to the Board
BY:
AP
a
Deputy Clerk to the Board
County Attorney
Date of signature: ()7(I Ig
arbara Kirkmeyer, C : it
Mike Freeman, Pro -Tern
EXC
Steve Moreno
2019-2315
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