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HomeMy WebLinkAbout20190578.tiffHEARING CERTIFICATION DOCKET NO. 2019-16.D RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0102, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS FOR ANIMAL WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING POULTRY LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT II, LLC A public hearing was conducted on April 8, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Hayley Balzano Health Department representative, Ben Frissell The following business was transacted: Ei I hereby certify that pursuant to a notice dated December 13, 2018, and duly published December 18, 2018, in the Greeley Tribune, a public hearing was conducted on February 13, 2019, to consider the request of English Feedlot 2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0102, for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (processing poultry litter) in the A (Agricultural) Zone District, at which time the Board continued the matter to March 18, 2019, March 25, 2019, and again to April 8, 2019, to allow English Feedlot 2, LLC, adequate time to process and finalize Recorded Exemption, RECX18-0167, for use in establishing a correct legal description to house the proposed processing operation, request a partial vacation of the underlying Special Use Permit, SUP -105, to remove the newly created Recorded Exemption lot, and initiate the amendment process of SUP -105 on the remainder of the original site, Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, stated, since the last hearing, the applicant had recorded RECX18-0167, had executed an Access and Utility agreement, and applied for a well permit for Lot A. In response to Chair Kirkmeyer, Mr. Gathman provided a brief summary of the proposal, including Lot A lease information, and the number of employees. (CLERKS NOTE: The case was recommended favorably by the Planning Commission.) O-‘ eL ( /rP), y°0(i-g), 4630 2019-0578 PL2635 HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT II, LLC (USR18-0102) PAGE 2 IR Hayley Balzano, Department of Public Works, provided a brief overview of the transportation plans and requirements, and indicated the access is on County Road (CR) 41 and the applicant has an easement across the adjacent site. She provided the number of vehicle trips per day associated with the site, explained tracking control and stated a Road Maintenance and Improvements Agreement is required. In response to Chair Kirkmeyer, Ms. Balzano provided the traffic count and average speed on CR 41. Ben Frissell, Department of Public Health and Environment, explained the applicant is proposing up to two (2) full-time and one (1) part-time employees, and bottled water and portable toilets are acceptable. He stated there will be no washing of vehicles or fuel stored on the site, and Development Standards (DS) #6-20 address Environmental Health (EH) items. In response to Chair Kirkmeyer, Mr. Frissell confirmed all EH Conditions of Approval (COA) and DS apply specifically to the proposed use on Lot A. El Ryan Brandt, applicant, stated he had no comments. In response. to Chair Kirkmeyer, he provided a summary of the facility operations, stated there is no proposed lighting, explained the noise that may come from the facility, and described the traffic associated with the site. No public testimony was offered concerning this matter. In response to Commissioner Moreno, Mr. Swanson confirmed there will only be two (2) full-time employees; one (1) to operate the skid steer, and one (1) to operate the pellet mill. Chair Kirkmeyer suggested deleting the last sentence (maintenance agreement provisions) as well as the words "dust control" from COA #1.A, and she suggested deleting COA #1.C (stormwater detention) as the condition has already been met. Ms. Balzano mentioned COA #1.B (drainage report) can also be deleted, and the Board agreed. Chair Kirkmeyer noted the Dark Sky Policy language in COA #1.D.5 can be deleted. On COA #1.D.10, she suggested deleting "s"from "locations", and on COA #1.D.14, Ms. Balzano suggested replacing "Stormwater Detention, No Build or Storage Area" with "Water Quality Capture Volume (WQCV)", and deleting the second sentence of COA #5.A (specific length for tracking control), and the Board agreed. Chair Kirkmeyer suggested changing "shall" to "may be up to" in DS #4. In response to Commissioner Conway, Mr. Frissell explained why "shall" is in DS #10. After discussion about DS #3, Chair Kirkmeyer suggested adding "to daylight hours" to specify hours of operation during spring and fall. She also suggested adding language to DS #15 with regards to screening portable toilets, and deleting DS #16 (noise levels), and the Board agreed. �----- No public testimony was offered in response to the change of Conditions of Approval and Development Standards El In response to Chair Kirkmeyer, Mr. Brandt indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. 2019-0578 PL2635 HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT II, LLC (USR18-0102) PAGE 3 0 Commissioner Moreno moved to approve the request of English Feedlot 2, LLC, do Renewtrient II, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0102, for Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (processing poultry litter) 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 amended. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:08 a.m. This Certification was approved on the 10th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W.44tAys) V ..�:4 Weld County Clerk to the Board BY. C.' Deputy Clerk to the Board Date of signature: Q5(081I9 arbara Kirkmeyr, Chair teve Moreno 2019-0578 PL2635 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? `),c\/1 P3 1 ctrl •:T -375:2:1/. O, -yam J Rc� cc -,t(/ c.t-7 it 4:-30 I Z (- 6( ^ ' ,floc r y;,,I. c. ,--11,,,,:,.•.,, C---kt `..-'cy,=� / a -s. zi.. cj (;���. �- /et' ,,--c--.),,, 5 41,6-5,:a: : r Ore & / 7 CO a:tp . V J ,,c;," tC-'CJ, .-co , i „,`:✓i /iJwYr:t Wk , 4JCle 4-)C--) Hello