HomeMy WebLinkAbout20132553.tiffHEARING CERTIFICATION
DOCKET NO. 2013-57
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT, USR13-0038, 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 (9,600 -HEAD FEEDLOT) AND ONE (1)
SINGLE FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20. A (SECOND SINGLE FAMILY DWELLING UNIT) IN THE A
(AGRICULTURAL) ZONE DISTRICT - CHAMBERS LOREN SR. TRUST/SCHLEINING
GENETICS, LLC
A public hearing was conducted on September 11, 2013, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Jennifer Petrik
Health Department representative, Troy Swain
The following business was transacted:
I hereby certify that pursuant to a notice dated August 2, 2013, and duly published
August 7, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request
of Chambers Loren Sr. Trust/Schleining Genetics, LLC, for a Site Specific Development Plan
and Amended Use by Special Review Permit, USR13-0038, 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 (9,600 -head
feedlot) and one (1) single family dwelling unit per lot, other than those permitted under Section
23-3-20. A (second single family dwelling unit) in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and noted that 20 referrals were sent out, and no concerns were raised; the number of
livestock has been reduced and the two eastern corrals will be shortened somewhat in order to
accommodate surrounding property owners. She reviewed the location and surrounding
property uses and residences, and said currently existing on the property are a shop, two
houses, an office, a shed, and two existing corrals. She noted that two phone calls were
received opposing the expansion; they cited flies, odor, traffic, and the large number of cattle as
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concerns and the property is within the three-mile referral areas of Ault and Eaton. Ms. Aungst
reported that the Planning Commission recommended approval by a 6/2 vote, and she
presented pictures of the site and noted that the two far western corrals have been withdrawn
from the application.
Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements; there will be 14 truck and 10 vehicle trips per day, for a
total of 48, and access is off of State Highway 14. She stated an Access Permit Plan has been
approved, and a CDOT access permit (with a traffic impact study) is required; CDOT also
requested a drainage study. Ms. Petrik said neighbors have indicated drainage problems, but
Steve Griffin, Hydraulic Engineer, Department of Public Works, indicated additional cattle should
not cause this condition to worsen. In response to Commissioner Conway, Ms. Petrik detailed
stormwater flow. She noted the CDOT-maintained ditch and culvert could use some attention to
weeds. She stated a flood 15 years ago damaged properties, but Mr. Burd has created a berm
to help protect from flooding and Ms. Lois's property is higher than the roadway.
fei Troy Swain, Department of Public Health and Environment, reviewed the water and sewer
provisions, and said County wastewater requirements are identical to the State's.
Glen Czaplewski, AGPROfessionals, LLC, represented the applicant. He started by stating
that, after consultation with surrounding property owners, the applicant has reduced the herd
size by almost 20 percent, from 9,600 to 7,725, to ensure the facility works well. Mr. Czaplewski
said the two eastern pens will be lowered from the north by 200 feet and hay bales will be
stacked three high for a sound and sight buffer. Mr. Czaplewski said the facility will grow slowly
- one row of corrals a year will probably be sufficient. In response to Commissioner Conway, Mr.
Czaplewski said that 1,600 head are currently on the property. He explained there will be 190
square feet per animal, which meets animal welfare standards; he noted that the Big M Feedlot
compares at 155 square feet per animal and the Hunt Feedlot at 169 square feet per animal.
Mr. Czaplewski reviewed the applicant's efforts to comply with requirements for obtaining a USR
and said the site is not encumbered by any overlay districts. In regard to compatibility with
future and existing development, he said there are 16 confined animal operations in a five -mile
radius, and, although traffic will be minimal, the applicant's have engaged Jean Copla to do a
traffic study to satisfy CDOT. He noted stormwater run-off will be diverted or caught in a lined
and certified retention pond, per state regulations. In regard to blowing dust, Mr. Czaplewski
said his client has submitted a Nuisance Management Plan that includes reducing the
percentage of silage he is feeding his cows and only grinding in favorable wind conditions. He
said he is addressing neighbors concerns. In response to Commissioner Conway, Tim
Naylor, AGPROfessionals, confirmed the pens to the east will be the first built, in order to keep
the land to the west under production as long as possible.
Richard Burd, surrounding property owner, said he sent a letter to the applicant with
suggestions for a more "reasonable approach". He stated he has been on his land for 20 years,
and feels that 7,000 head is too many cattle for 70 acres, and complained that the applicant's
hay storage blocks his view of the mountains. He stated they cannot open their windows
because of flies and smell, there is already a dairy to the south which his family opposed, and
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"this would be an economic disaster" because they will not be able to sell their property and
move elsewhere. Mr. Burd explained in detail the way flooding occurs in this area and said the
water comes down County Road 39, right where the easternmost pens are to be located, and a
reasonable solution is to move these corrals westward. He described the problem further and
said an 18 -inch culvert is not sufficient to pass drainage from 2,400 square miles. He stated
strong opposition to the two corrals on the east side and went on to describe problems with the
project and in the area in general.
Karen Burd, surrounding property owner, said approving things with conditions is good
only in theory, the referenced 2011 traffic count is prior to the operation of the Hans Dairy and
increased oil and gas, and she believes there are more recent ones. She stated that the dairy
was approved with conditions, but her family has to live with the manure and flies, they can't
have people over, including their grandchildren, and have to keep the windows closed at all
times. She also said that the dairy poisons birds which die in her yard and kill wildlife. Ms. Burd
said this is devastating to the quality of life and economic viability; their parents and
grandparents were farmers and ranchers and took care of their agricultural land, but the way
Weld County is currently allowing agribusiness to operate is shameful.
Lois Booth, surrounding property owner, concurred with her neighbors regarding flooding,
saying her property is directly in the line of this water. She also complained about the dairy,
especially their use of a chemical that smells like sulfur and the horrendous flies. She said she
would prefer the easternmost pens be moved westward and the head count is also too high.
Mr. Naylor said they have tried to accommodate the concerns of the neighbors, but the
land on the west needs to stay in production as long as possible. He said engineers have
evaluated the site to ensure that water will be diverted into the pond and they have gone above
and beyond those requirements. He confirmed that agreements for disposal of the manure are
already in place. In response to Commissioner Conway's questions regarding traffic, he said
the accesses have been reduced from five to two to comply with CDOT's request, and the
majority of traffic will be coming from Highway 85 and will not cross CR 49. Mr. Naylor pointed
out that this a historical feedlot site, Mr. Schleining is a young man, with a young family, starting
in agriculture, and the issues that the neighbors are dealing with are pre-existing in the area.
He stated this project has been well thought-out and asked for the Board's approval. In
response to Commissioner Rademacher, he showed the location of the existing pens, and said
there will be no composting on -site. In response to Commissioner Kirkmeyer, he said the land
application sites for the manure are already agreed upon and will be sufficient for their expected
waste. There was further discussion of what might happen in flood conditions and about the
location of the corrals. Mr. Naylor noted that the eastern pens were lowered in order that Mrs.
Booth would not have cows and manure directly across the street from her house.
El Tom Haren, AGPROfessionals, LLC, explained their process for determining the pen
locations. He explained there is 80 feet between the County Road and the corral. He noted
that the culvert is way too small, but that is CDOT's problem, and, logistically, it makes sense to
keep everything together and centered on the site for ease of operation.
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By assent of the Board, Development Standard #3 was amended to read, "The number of
on -site employees shall be commensurate with the number of persons which the septic system
will accommodate." Mr. Naylor said that would be fine. Ms. Petrik pointed out that changing the
number of employees could potentially impact the traffic plan. By assent of the Board, the
language above was added to Development Standard #22, and Development Standard #3 was
deleted entirely. Commissioner Kirkmeyer also suggested language to the effect that the pens
to the farthest east and west would be the last ones built. Chair Garcia made the amendment
that the maximum head count would be 7,725 throughout the resolution, by concurrence of the
Board. Chair Garcia gave direction to staff to verify the correct legal description. A new
Development Standard #28 was added, by assent of the Board, to read "The pens that are
farthest to the east and to the west will be the last ones to be built out."
In response to Chair Garcia, Mr. Naylor said he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer stated her intention to contact CDOT Regional Director Johnny
Olsen, in regard to this issue. Commissioner Freeman said it seems wisest to not build the
easternmost pen so that odor and other nuisances are further from the neighbors.
Commissioner Kirkmeyer noted the drainage on the applicant's property will not leave their
property but be diverted to the pond, so the drainage issues on County Road 14 will still be
there, with the exception that the water on their property will be filling their pond; there should
theoretically be less water leaving their property and exacerbating the problem. The build-up of
the pens may cause some water, which previously would have gone on the property, to now be
diverted to the road. Commissioner Rademacher stated there are benefits from the renovation
of an old facility, the project is not likely to affect the current drainage problem except perhaps to
lessen it, and the applicant has attempted to mitigate impact to the neighbors. He stated his
support for building the easternmost pens last, but not for eliminating them completely.
Commissioner Conway said he appreciated the input of the surrounding land owners, but this is
a historical use of this property and the applicant is trying to be a good neighbor. He said one
thing the County can do for them is pressure CDOT to get the problem addressed, perhaps
installing a larger culvert on Highway 14, noting that floods will occur whether the pens are there
or not. Commissioner Kirkmeyer concurred. Commissioner Freeman also weighed in, saying
he was in support of completely eliminating the two easternmost pens.
Commissioner Kirkmeyer moved to approve the request of Chambers Loren Sr.
Trust/Schleining Genetics, LLC for a Site Specific Development Plan and Amended Use by
Special Review Permit, USR13-0038, 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 (7,725 -head dairy feedlot) and one (1) single family
dwelling unit per lot, other than those permitted under Section 23-3-20. A (second single family
dwelling unit) 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
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Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 12:18 p.m.
This Certification was approved on the 16th day of September, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD�6@L{NTY, COLORADO
ATTES
Weld County C erk to the Board
Deputy CI=r to the Board
iam F. Garcia, Chair
arbara Kirkmeyer
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