HomeMy WebLinkAbout20181160.tiffHEARING CERTIFICATION
DOCKET NO. 2018-17.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0061, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (20,000 -HEAD CALF FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - QUE AND DEBORA FULLMER
A public hearing was conducted on May 9, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
• I hereby certify that pursuant to a notice dated January 31, 2018, and duly published
February 5, 2018, in the Greeley Tribune, a public hearing was held on March 7, 2018; however,
due to a lack of quorum at the preceding Planning Commission Hearing scheduled for
February 20, 2018, this matter had to be re -noticed and rescheduled. I hereby certify that pursuant
to a revised notice dated February 26, 2018, and duly published March 1, 2018, in the Greeley
Tribune, a public hearing was conducted on April 18, 2018, to consider the request of Que and
Debora Fullmer, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0061, for Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including a
livestock confinement operation (20,000 -head calf facility) in the A (Agricultural) Zone District, at
which time, the Board deemed it appropriate to continue the matter to May 9, 2018, due to
unforeseen circumstances. On May 9, 2018, Bob Choate, Assistant County Attorney, made this
a matter of record.
• Chair Moreno reviewed, for the public, the procedures to follow should this case result in a
tie vote due to four Commissioners being present and Commissioner Freeman excused.
• Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and the site location in relation to the relevant County roads. She stated twelve (12) referrals were
sent out and staff received ten (10) responses with no concerns, or with comments that have been
c.c. t Pl...t Otmc+N.PwCEP/HB , EHCeF),GTSCTT)
OCo/x9/19?
2018-1160
PL2527
HEARING CERTIFICATION - QUE AND DEBORA FULLMER (USR17-0061)
PAGE 2
considered in staff's recommendation. She reviewed the hours of operation, number of
employees, and fencing, and clarified there would be no additional landscaping. Ms. Aungst
described adjacent land uses and stated three (3) of the adjacent residential properties are owned
by the applicant. She reported receiving two (2) letters and one (1) phone call citing concerns with
the unresolved issues with Heartland Biogas and other feedlots and nuisances with the operation.
She stated the site is not located in the three (3) mile referral area of any municipality or
Intergovernmental Agreement Area and is located in an area that can support the proposed Use.
She displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and presented the drainage and grading requirements.
She stated the site is accessed from County Road (CR) 53 and there are four (4) preliminarily
approved access locations and two (2) existing access locations requiring closure and
reclamation. She reviewed the average daily traffic counts on CR 53 to include truck percentages
and stated the traffic narrative indicates two (2) semi -truck round trips per day, two (2) goose neck
truck round trips per day, eight (8) service truck round trips per day, and 20-30 passenger vehicle
round trips per day. Ms. Balzano requested an Improvements Agreement and tracking control be
required. She stated the applicant has submitted a drainage report and will be exempted from
drainage requirement #1.A.16 regarding sites with confined animal feeding operations.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the applicant indicated 25-30 full-time employees will utilize the site and the
office is served by an existing septic system sized for three (3) full-time employees and 25
occasional employees and it was unclear how many employees will use the office septic system;
however, if it is used by more staff than designed it will need to be updated. He reported water
service is provided by two (2) existing wells, one commercial well and one livestock water well.
Mr. Frissell stated that Development Standards (DS) #12-30 address environmental health items.
• Tim Naylor, AGPROfessionals, represented the applicant, displayed a PowerPoint
presentation (Exhibit D), reviewed the history of the site and explained it is now being repurposed
for a 20,000 -head calf feeding operation. He stated the site is south of the Town of Kersey and is
an existing calf -hold facility and the boundary consists of three (3) separate parcels. He displayed
the site plan with proposed pens and barns, different phases of construction of structures as
needed to include ponds, number of employees and hours of operation, storage and processing
of feed, to house and raise calves up to 500 pounds. Mr. Naylor cited compliance with Code
references to support the Use and reviewed the necessary compliance with Regulation #81 in
reference to protecting ground water, water quality, lined ponds, runoff containment and release
rates, wells and septic systems, manure management, wastewater management, and nuisance
management. He stated the traffic is very minimal.
No public testimony was offered concerning this matter.
• In response to Chair Moreno, Mr. Naylor requested a reference to Regulation #81 be added
to DS #19, and he requested DS #23, #24, #25 and #26, concerning pests, flies, odors, and
manure handling, be deleted. The Board agreed to these changes.
2018-1160
PL2527
HEARING CERTIFICATION - QUE AND DEBORA FULLMER (USR17-0061)
PAGE 3
Commissioner Cozad suggested deleting DS #4 limiting the number of employees.
Mr. Frissell reviewed the septic requirements and stated that is acceptable. The Board agreed.
Commissioner Kirkmeyer recommended deleting the 10th, 11th and 12th sentences from the
Findings under C in reference to correspondence from third parties, and deleting "these" from the
last sentence.
EI In response to Chair Moreno, Mr. Naylor on behalf of Que and Debora Fullmer, indicated
they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Que and Debora Fullmer, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0061, for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a livestock confinement operation
(20,000 -head calf facility) 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 and entered into the record. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:26 a.m.
This Certification was approved on the 14th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: /'≤
Deputy Clerk to the Boa
APPRO 'DAST
ounty Attorney
Date of signature: Duo -!/-l8
Steve
arity
Kirkme
renn/o,__ Cha.
Barbara ye Pro-Tem
Sean P. Conway
l
ie A. Cozad
2018-1160
PL2527
ATTENDANCE LIST
5 t
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
EMAIL
COUNTY
RESIDENCE?
OF
SPEAKING?
(Y
1
N)
jarinixe
30907 tasfa.5C)
rerbe
jig&
-ear tili
an' cans
(//oeirt ,
weld
ye,S
no
nimr
feirL
3ion (irFa 50 reisai
nntiev
riet
1
Ciek
rmi
ik,
5/9/9 % thiv -5y
) . 1 n
Cdpia ar to/ 147 meutupn
ajek
t
as-
!KO
��kris
. a
M `ctettfri.ctLadeb; `i`,�,1,.;
Ad^ "tr
CoThrte.teil
1387 %ic--i-
D�lat- $azo6
atr-ti e I
rcM4‘...i. o.,..
17" ii. Cil ‘,7 1/17
Lc/ el/
g, j 2 c C ic 3---aa //et c ty
,Iii/LP
/AArxJu/
)-A.27:4--5- (' k' .5::,2 /
ne',L",y
!.r iy id
A/c,
3273o CRc '
)443/4-4
c hi -; �� cbi -m i 11 I L c -c
tie) -Oct
:MM., {3ril
_
(
l/ Ne:)-(:)//1Q-7
'
.3d 3XS~ C /if S G' e <S se:
G lf, h ia ✓ m g c J%ia i I c v /s,
(4%7Gl
/
*hy3/47vt.575---
f< -e)
P
�
th f
l-
Q h�le/ All
Q A � _
Rt.') /�l� Q ►q
!7.q.400%Lb
t. 6 ��
6 / g 2(4, AAr
wits-
C1
1 e t A--- %41-04.7
1Z it 7 3 At-, IR I: 4) 46resai 64 iiitli
LA.& id
tie' _.S.
`�cg.`fr
t\Ce›-Wk
3ao a tar
t• \
kCA)
eircvS
R�or9a.A
bb��n��,Q ��,
Sri,
Wtici
1(4 S
,CV
frSe kJ'€E5u-
44%.
rnftJcf/97i
3/ yS)/ c4 sv Xevt54yco.
rv,
A/4-2..) (P, p inR e 7 • o R 6--
w P `4)
ye3
Vaysx,... 1L-oLs
7? I l b C 3 &gel Co
f 19 La_cfeons% Sel) 44yQ% d,ve • oii
lodQ Li
�t/�
Hello