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Home My WebLink About20160343.tiff HEARING CERTIFICATION DOCKET NO. 2016-10 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0064, FOR AN AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (10,000-HEAD CALF RANCH) IN THE A (AGRICULTURAL) ZONE DISTRICT - LESTER A. STROH REVOCABLE LIVING TRUST, C/O ISLAND FARMS, LLC A public hearing was conducted on January 27, 2016, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst Planning Services Engineer representative, Diana Aungst Health Department representative, Ben Frissell The following business was transacted: le I hereby certify that pursuant to a notice dated December 16, 2015, and duly published December 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Lester A. Stroh Revocable Living Trust, c/o Island Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0064, for an Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a livestock confinement operation (10,000-head calf ranch) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and stated 20 referrals were sent out and 16 agencies either did not respond or indicated no concerns. She reviewed the number of employees, hours of operation, new structures, landscaping, site location, adjacent land uses, and closest residences. Ms. Aungst stated no correspondence was received; however, one (1) surrounding property owner spoke at the Planning Commission hearing. She conveyed the site is located within the three (3) mile referral area of the Town of Kersey and she reviewed the recommendations listed on the referral response. She stated the applicant met with the Town of Kersey and agreed to the requests. Ms. Aungst displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record, as written. 2016-0343 et. eA,÷e,ia /i PL2397 HEARING CERTIFICATION - LESTER A. STROH REVOCABLE LIVING TRUST, C/O ISLAND FARMS, LLC - (USR15-0064) PAGE 2 IR Wayne Howard, Planning Services Engineer representative, provided a brief overview of the transportation plans and requirements and reviewed the location and multiple access points, of which three (3) will be required to be closed. He stated the Access Permit, AP#15-00507, has been granted under these requirements. Mr. Howard reviewed the traffic counts and stated the traffic narrative indicated approximately 23-30 passenger vehicle round trips and three (3) truck round trips to the site each day. He explained tracking control will be required at the access points, no Improvements Agreement is required and the drainage narrative met the exception due to the variance under capital regulations. He reviewed the Development Standards (DS) relevant to Public Works. E Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated that potable water will be provided by the Central Weld County Water District and there are existing septic systems on-site. He reviewed the DS related to animal confinement and the typical DS #13-27 related to Environmental Health. le Tim Naylor, AGPROfessionals, 3050 67th Ave., #200, Greeley, CO 80634, represented the applicant and stated he does have a presentation if needed, and further stated the Use has minimal impacts with only a few trucks per week. E Jo Kramer, surrounding property owner (SPO), stated it is interesting that the photos displayed in the presentation did not show the residents living close by. She cited her concerns regarding truck traffic, fly control, and impact on the lake given her adjacent property boundary. Ms. Kramer clarified that she did not receive notification. In response to Commissioner Moreno, Ms. Kramer pointed out her residence, which is the closest residence to the site. Beverly Turner, SPO, stated the pictures did not show the community very well because there are residences in the area. She stated she understands it looks like the Use is simply swapping one dairy for another; however, the dairy before had a maximum of 500-head of cattle and this new use will be 10,000-head. She listed her concerns regarding the smell, increased flies, dust, traffic, security, and the impact to the lake to include the migratory birds and birds of prey and also the water quality. Ms. Turner stated this will impact her personal property and she will have to put up a fence to protect her dogs from the increased traffic. She explained her family history in the area dating back to the Civil War and she is afraid she will have to move. In response to Commissioner Moreno, she stated the man who owns the lake has 200-head of cattle. In response to Commissioner Conway, Ms. Turner stated she received no notification and there was no community meeting. Ei Mr. Naylor displayed a PowerPoint presentation and pointed out other calf facilities in the area and stated this is an existing dairy site and the impacts are well established for animal operations. He stated the applicant met with Mr. Eckhart and the neighbors to the west after the Planning Commission hearing and addressed the concerns. He displayed a map of the site plan and pointed out the area left to pasture, cited the requirements related to drainage, and stated the consideration given to the neighbors to the south with the buffer of the pasture. He explained the process and the requirements for the operation will mitigate and he clarified the increased truck traffic due to oil and gas growth is not related to this Use and the traffic for this site will not 2016-0343 PL2397 HEARING CERTIFICATION - LESTER A. STROH REVOCABLE LIVING TRUST, C/O ISLAND FARMS, LLC - (USR15-0064) PAGE 3 increase the impact. In response to Commissioner Cozad, he reviewed the state requirements related to groundwater and drainage on-site, and emphasized there are inspections to ensure these requirements are met and the operation remains in compliance. He reviewed the applicant's efforts to provide a Dust Control Plan and a Fly Control Plan. He explained the new owner wants to meet the neighbors and there will be someone living on-site for security. e In response to Commissioner Moreno, Mr. Naylor stated the calves are phased in. He further responded regarding the meeting with the Town of Kersey and the neighbors at the Planning Commission hearing. In response to Commissioner Cozad, Ms. Aungst stated based on the County Assessor records, the mailing list for neighbors within 500 feet of the site received correspondence. In response to Commissioner Conway, Ms. Aungst read through the mailing list. In response to Commissioner Kirkmeyer, there is no new landscaping proposed but the existing landscaping will be maintained. In further response to Commissioner Kirkmeyer, Mr. Naylor reviewed the request from the Town of Kersey for related traffic travel to the south, and conveyed the applicant is not opposed to dust mitigation; and lastly, he explained the three (3)access points. E Chair Freeman noted for the record that Ms. Turner was not notified. • In response to Chair Freeman, Mr. Naylor, on behalf of Lester A. Stroh Revocable Living Trust, do Island Farms, LLC, indicated no concerns with the Conditions of Approval or Development Standards. El Commissioner Kirkmeyer recommended an additional Development Standard that requires dust mitigation in front of the existing homes on CR 57 south to CR 50, and suggested it become a new DS #10. Mr. Naylor interjected the applicant is open to an Improvements and Road Maintenance Agreement, to which Commissioner Cozad suggested a new Condition of Approval (COA) prior to recording the plat, to become the new COA #1.B. Commissioner Kirkmeyer corrected DS #5 to read, "The parking area on the site shall be maintained."And DS #9 to read, "The access to the site..." Ms. Aungst provided the language for the new COA #1.B. The Board agreed. Chair Freeman clarified this will negate the need for the new DS #10. In response to Chair Freeman, Mr. Naylor, on behalf of Lester A. Stroh Revocable Living Trust, c/o Island Farms, LLC, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. e Commissioner Moreno moved to approve the request of Lester A. Stroh Revocable Living Trust, c/o Island Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0064, for an Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a livestock confinement operation (10,000-head calf ranch) 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 Cozad. eCommissioner Kirkmeyer stated she will be supporting the motion because it is consistent with the Agricultural Zone and it is important 2016-0343 PL2397 HEARING CERTIFICATION ISLAND LESTER A. STROH REVOCABLE LIVING TRUST, C/O FARMS, LLC - (USR15-0064) PAGE 4 to recognize the buffer zone separating the adjacent property to the south and to realize the regulations must be adhered to and enforced. She clarified the USR provides a better opportunity to ensure compatibility with the neighborhood and enforcing the Conditions of Approval and Development Standards and the addition of the Improvements Agreement regarding dust mitigation. Commissioner Cozad stated her agreement with Commissioner Kirkmeyer and stated that it meets the criteria, including the County Comprehensive Plan, and it supports agriculture by meeting the criteria and addressing the concerns of the public. Commissioner Conway agreed that the USR allows for more regulation and enforcement and he also extended his thanks to the applicant for the willingness to mitigate. He further expressed his concerns and extended an apology to the attendee that did not receive notification. Commissioner Moreno thanked the public for coming and sharing comments with the Board and concurred with the apology for the property owner who did not receive notification. Commissioner Freeman also extended an apology to the property owner and agreed with the findings. There being no further discussion, the hearing was completed at 11:08 a.m. This Certification was approved on the 1st day of February, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO iro:44.1 ATTEST: dittAiov Mike Freeman, hair Weld County Clerk to the Board Sean P. C nway, Pro-Te. BY: • _ / De y Clerk to the(1)B and ►�""�► �� L� ,•�� IEfj, I �- A. 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