HomeMy WebLinkAbout20141980.tiff HEARING CERTIFICATION
DOCKET NO. 2014-45
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR14-0016, (FORMERLY AMUSR-587) FOR AN
AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (5,000-HEAD DAIRY) AND A USE SIMILAR TO THE
USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW(THREE SINGLE-
FAMILY RESIDENCES ON ONE PARCEL) AS LONG AS THE USE COMPLIES WITH
THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - LONG
MEADOW FARM, LLC, AND LESTER AND SHERRILL HARDESTY
A public hearing was conducted on July 9, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Don Carroll
Health Department representative, Heather Barbare
The following business was transacted:
ID I hereby certify that pursuant to a notice dated May 30, 2014, and duly published June 4,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Long
Meadow Farm, LLC, and Lester and Sherrill Hardesty, a Site Specific Development Plan and
Second Amended Use by Special Review Permit, USR14-0016, (formerly AmUSR-587) for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a livestock confinement
operation (5,000-head dairy) and a use similar to the uses listed in Section 23-3-40 as Uses by
Special Review (three single-family residences on one parcel) as long as the use complies with
the general intent of the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
ID Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. The applicant is increasing the number of cattle on the existing dairy from
1,850 to 5,000, 50 percent will be milking cows, with the remainder support stock; the existing
residences will be used for employee housing. The addition of the northern parcel will increase
the size of the dairy by 150 acres. Ms. Aungst said the site is adjacent to CR 72, near CR 31;
the closest residence is on the northwest corner. No referrals indicated concerns. She
CC: CA -,pW,Flt 2014-1980
S 5-l� PL0489
HEARING CERTIFICATION - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY C/O AGPROFESSIONALS, LLC (USR14-0016)
PAGE 2
reviewed 10 USRs within one mile of the site. She noted that several property owners
expressed opposition prior to the Planning Commission hearing; however, the applicant spoke
with them and they did not choose to testify. She showed images of the site, site plan, and
surroundings.
ID Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. The location is southeast of Eaton, with access from CR 72, a local
gravel road. He addressed circulation on the site, setbacks, wastewater ponds, two approved
accesses, number of employees (25-35), 24/7 operations, truck trips, drainage, and grading
permits.
U Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions. An Individual Sewage Disposal System permit, an approved Nuisance
Control Plan to reduce odors, dust and pests, and an approved Waste Management Plan have
been submitted. Ms. Barbare also reviewed the applicant's compliance with the requirements of
the CDPHE and Water Quality Control Commission regulations.
F Tim Naylor, AGPROfessionals, LLC, representing the applicants, stated this is to amend
an existing USR to increase the dairy's capacity to 5,000 head, 2,500 milking and 2,500
replacement stock, and to add 151 acres. He noted the existing dairy has been on site for 18
years with no complaints; the majority of operations will remain in the northeast corner of the
property. He showed the proposed layout of the facility and reviewed the applicant's
compliance with the Weld County Code, noting they are keeping as much farmland as possible;
pivots to the north and south will remain. He reviewed compliance with state and federal
regulations, and the Weld County Code, and addressed the Nuisance Control Plan.
ID Mike Nelson, closest surrounding property owner, stated he seeks assurance there will be
no wastewater ponds near his house, and that the drainage will go to the east, although
historically drainage has gone west. Mr. Naylor confirmed the ponds are lined, and Mr. Nelson
said as long as the wastewater drains to the east as planned, and not to the west towards his
residence, he has no other concerns.
U In response to Chair Rademacher, Mr. Naylor addressed Condition of Approval #1.A
regarding negotiations with the North Weld County Water District. Commissioner Kirkmeyer
said the County needs to ensure they have water. Mr. Naylor confirmed the Feldpausch family
has water, and explained the additional issues. Commissioner Kirkmeyer suggested the addition
of the word "attempt", and the deletion of everything after the date. This was done by assent of
the Board.
U In response to Commissioner Kirkmeyer, Ms. Aungst confirmed that Development
Standards #6 and #22 are somewhat redundant; therefore, #22 was struck by consent of the
Board. Commissioner Kirkmeyer noted that the applicants must comply with the Code, so it
does not need to be called out. Commissioner Kirkmeyer asked if there were really no
complaints in 18 years, which was confirmed by staff. She suggested combining Development
Standards #13 and #14, to read "The facilities shall be operated in a manner to control pests.
The facility shall be operated in accordance, at all times, with the approved Management Plan
2014-1980
PL0489
HEARING CERTIFICATION - LONG MEADOW FARM, LLC, AND LESTER AND SHERRILL
HARDESTY C/O AGPROFESSIONALS, LLC (USR14-0016)
PAGE 3
for Nuisance Control." She explained her reasoning that any new residential development
nearby should not impact this USR, and due to the other nearby USRs enforcement would be
impossible. Commissioner Kirkmeyer also suggested the addition of a new Condition of
Approval, #1.C.9, to read: "The detention ponds associated with the facility shall not be located
near, or next to, the existing residence at 14991 County Road 72, Greeley, Colorado 80631."
This was done by assent of the Board.
E In response to Chair Rademacher, Mr. Naylor indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
E Commissioner Kirkmeyer moved to approve the request of Long Meadow Farm, LLC, and
Lester and Sherrill Hardesty, for a Site Specific Development Plan and Second Amended Use
by Special Review Permit, USR14-0016, (formerly AmUSR-587) for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement operation (5,000-head
dairy) and a use similar to the uses listed in Section 23-3-40 as Uses by Special Review (three
single-family residences on one parcel) as long as the use complies with the general intent of
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 Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:40 a.m.
This Certification was approved on the 14th day of July, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTdiageti • L/
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Weld County Clerk to the Board $ � 4.)
I qtly I1, a
ra Kirkmeyer, 'ro-Tem
BY.
De utrClerk to the B rd r * .' SED DATE OF APPROVAL
n P. Conway
TIRAIStte,
Mike Free n
i iam F. Garcia-
2014-1980
PL0489
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