HomeMy WebLinkAbout20191047.tiffHEARING CERTIFICATION
DOCKET NO. 2019-16.B
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
A public hearing was conducted on March 18, 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:
I hereby certify that pursuant to a notice dated December 13, 2019, and duly published
December 18, 2019, 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 said hearing, the matter was
continued to process and finalize Recorded Exemption, RECX18-0167, request a partial vacation
of SUP -105, and initiate the amendment process for the remainder of SUP -105. Bob Choate,
Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, described the progress made since the
last hearing date, including an amended application and updated maps. In response to
Chair Kirkmeyer, Mr. Gathman explained the recorded exemption map had been approved by
staff, but the plat map needed to be reviewed before it can be recorded. He also confirmed the
Board is only reviewing what is on Lot A, RECX18-0167, which is being leased by ReNewTrient
II, LLC, from English Feedlot. In response to Commissioner James, Chair Kirkmeyer confirmed
Lot A does not yet exist, as it has not been recorded.
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HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC (USR18-0102)
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• Ben Frissell, Department of Public Health and Environment, indicated all Environmental
Health (EH) Development Standards (DS) were written specifically for Lot A, and for the Use by
Special Review.
El Ryan Brandt, applicant, stated he has reviewed the DS with staff and did not request any
changes. He asked the Board to consider approval of the USR, conditional upon approval of
RECX18-0167, before he comes before the Board again, citing financial hardship of traveling from
Minnesota each time. In response to Chair Kirkmeyer he confirmed there is a lease with English
Feedlot for Lot A. In response to Commissioner Conway, Mr. Gathman confirmed the updated
map, showing Lot A, was received this morning, and Mr. Brandt explained the reason for the
delay. In response to Commissioner Conway, Mr. Gathman indicated the issues that need to be
resolved before the applicant returns. Chair Kirkmeyer asked if there was a letter from the
landowner regarding the partial vacation, to which Mr. Gathman replied yes. Chair Kirkmeyer
reiterated the Board cannot approve a USR without a recorded lot to attach it to.
ra Commissioner Conway asked Mr. Choate about the legalities of approving the USR prior to
the lot being recorded. Mr. Choate indicated the Board had done it in the past and explained the
consequences if the plat is not recorded. Chair Kirkmeyer stated she did not believe it had been
done in the past when the Board has not had a legal lot to attach the proposal to. After much
discussion between the Board, staff, and Mr. Brandt, the Board decided to continue the case until
Monday, March 25, 2019.
• Commissioner Conway moved to continue 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, to March 25, 2019, at 9:00 a.m., to allow adequate time for staff to
review the submitted plat for Recorded Exemption, RECX18-0167, for use in establishing a
correct legal description to house the proposed processing operation and determine a suitable
hearing date following the recording of the plat. The motion was seconded by Commissioner
Moreno, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:27 a.m.
2019-1047
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HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC (USR18-0102)
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This Certification was approved on the 20th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
WE,.D COUNTY, CO ORADO
ATTEST: V4.) jeltio;
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Weld County Clerk to the Board
BY:
Deputy Clerk o the Board
APP ED AS T
ounty Attorney
Steve Moreno
Date of signature: y/2/I q
arbara Kirkmeye , Chair
EXCUSED DATE OF APPROVAL
Mike Freeman, Pro-Tem
2019-1047
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