HomeMy WebLinkAbout20122335.tiff HEARING CERTIFICATION
DOCKET NO. 2012-59
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0034, 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 (6,000-HEAD DAIRY) AND ONE SINGLE
FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE (A SECOND SINGLE FAMILY
DWELLING), IN THE A (AGRICULTURAL) ZONE DISTRICT - BB COLORADO
HOLDINGS, LLC
A public hearing was conducted on September 5, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tom Parko
Public Works representative, Heidi Hansen
Health Department representative, Troy Swain
The following business was transacted:
ID I hereby certify that pursuant to a notice dated August 1, 2012, and duly published
August 8, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of BB Colorado Holdings, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0034, 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 (8,000-head dairy) and one single
family dwelling unit per lot, other than those permitted under Section 23-3-20.A of the Weld
County Code (a second single family dwelling), in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
ID Chair Conway advised those in attendance that the hearing will recess from 11:45 a.m., to
1:30 p.m., for a previously scheduled event. He also advised the applicant's representative,
Tom Haren, AGPROfessionals, LLC, that he has the option of continuing this matter to a date
when the full Board will be present. However, if he decides to proceed today, it will require
three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the
record and make the determining vote. Mr. Haren indicated he would like to proceed today.
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ID Tom Parko, Department of Planning Services, presented a brief summary of the proposal,
gave an overview of referral responses and entered the favorable recommendation of the
Planning Commission into the record as written. He also referenced the various
correspondence received and displayed maps and photographs of the site and surrounding
area.
In response to Commissioner Rademacher, Mr. Parko reviewed the referral response
received from the City of Fort Lupton.
El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and improvements requirements, defined the haul route, and reviewed the grading permit
and stormwater requirements for a state Confined Animal Feeding Operation (CAFO).
Ms. Hansen addressed questions from the Board.
El Troy Swain, Department of Public Health and Environment, reviewed the water and sewer
provisions, and the various conditions addressing septic, wastewater impoundments, and
nuisance abatement. Mr. Swain answered questions from the Board.
El Mr. Haren represented Front Range Dairy, operated by David and Lori DeHaan, who
intend to purchase the property from BB Colorado Holdings, LLC. He displayed a PowerPoint
presentation, marked Exhibit L, which he reviewed for the record. Mr. Haren explained the
facility is intended to support an existing dairy located one (1) mile to the south and he reviewed
the original Site Plan, as well as the modified Site Plan addressing the concerns regarding
buffering, lagoon/manure location, and the size and number of animals. He discussed the
CAFOs in proximity to the subject site and the distinction between zoning, which counts the
literal number of noses, versus CAFO re ulations which calculates the facility size based on
animals weight and manure production. IN Mr. Haren reviewed the criteria compliance and
discussed municipal referral responses. He also referenced other dairy facilities that were later
surrounded by residential development, which have had no apparent impact on property values,
as a result of proper design and management recognizing the rules of the A (Agricultural) Zone
District. El Mr. Haren discussed nuisance controls, technology, and grading which are
accomplished to ensure mitigation of various potential nuisance impacts. He also emphasized
the facility is subject to State inspections, strict engineering requirements, and various levels of
oversight documented in a written Nuisance Management Plan which is enforceable.
IR Mr. Haren addressed the issue of traffic and discussed the benefits of the USR process.
El He also discussed the revisions to the original application and site layout to address input
received through the review process.
Fl Mr. Parko submitted a letter from Ted and Darlene Wokersin, marked Exhibit M. Marian
Hobbs, surrounding property owner, asserted the previous turkey operations were very different
from the proposed dairy operation. She expressed concern with the lack of contact from the
applicant, and stated she is opposed to locating a dairy in close proximity to 50 residences. She
displayed a Facebook website, demonstrating concerns with flies and other negative impacts.
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El Ms. Hobbs addressed questions from the Board regarding her concerns with odor, flies,
and dust.
ID Bess Kruger, surrounding property owner, expressed opposition to the proposal, stating
negative impacts to their quality of life and health as a result of dust, odor, lights, and noise.
Fl Joel Kruger, surrounding property owner, reviewed improvements to their property and
indicated the best solution would be for the proposed diary to locate away from residences. He
also indicated the location of their home on the displayed vicinity map.
Fl Charles Baum, surrounding property owner, expressed opposition to the proposed size of
the dairy, and expressed concern with the lack of written notice for the proposed site revisions,
as well as the vague provisions of the Nuisance Plan, which gives no assurance of
neighborhood protection. He also expressed concern with stormwater overflow, pests, dust,
odor, health impacts, and local property values. Mr. Baum answered questions from the Board
concerning the timing of the revised plan, which he still believes is inadequate in terms of animal
concentration and 24-hour operations which will generate dust, noise, and light.
Fl Bruce Fitzgerald, 15-year County volunteer and current Chair of the Board of Adjustment,
clarified he is not speaking in that capacity; rather, he is opposed to the application as an
affected property owner in the area. He requested denial of the application based on the
proposed intensity on a small parcel surrounded by residential development, improper
application of the Right to Farm Statement, and inadequate landscaping and screening. He
addressed questions from the Board regarding his position on dairies during his years serving
on the Planning Commission and, if approved, he recommended the applicant be required to
place landscaping and screening along the east side of the property.
IR Dr. Greg Addell, Veterinarian, stated the existing DeHaan facilities are state-of-the-art
because they realize the economic benefit of maintaining a clean facility to ensure their top
quality rating. He addressed questions from the Board regarding the CSU Extension referral
concerning animal density.
El William Wailes, retired CSU professor, spoke regarding the issues of compatibility and
concentrated family dairy farms. He referenced many examples of successful co-existance
situations and the benefits of this type of economic activity at the subject location.
Et Chair Conway recessed the hearing until 1:30. Upon reconvening Daphney Pope,
surrounding property owner, expressed opposition to the "mega dairy" proposal, which will
generate tons of manure and consume thousands of gallons of water per day. She also
expressed concern with the use of antibiotics and the large number of concentrated animal
operations located in a four-square-mile area.
El Shawn and Brian Berkhard, surrounding property owners, indicated they built their custom
home 12 years ago and their front porch will face the dairy. They expressed concern with the
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impacts of noise, light, and traffic created by a 24/7 operation, in comparison to the less intense
turkey operations previously at the site. He also expressed concern with pond overflow,
inadequate buffer and landscaping, decreased property values and quality life. Mr. Berkhardt
responded to questions from the Board regarding the responsible use of the site, and he
requested denial.
F Kramer Rasmussen, Jr., surrounding property owner, stated the DeHaan's operate a
clean facility, and the revision to the plan shows them to be good neighbors. He stated it will be
an enhancement to the community.
IR Jan Oxley, surrounding property owner, expressed concern with decreased property
values in close proximity to the proposal.
IR Holly Oxley, surrounding property owner, referenced a property value study, which she
previously submitted at the Planning Commission hearing, marked Exhibit 17, documenting the
negative stigma of being adjacent to a large animal confinement facility. She expressed
concern with being forced to live next to a large commercial operation, which will generate noise
from the animals and equipment, light, dust, and a diminished quality of life. In response to
questions from the board, Mr. Oxley indicated the location of their home and submitted an
updated study, marked Exhibit N.
▪ Debrah Griffin, surrounding property owner, also spoke on behalf of four other neighbors
to the northeast of the site. She stated the proposal is incompatible and the current quality of
life in the area, it will create a health hazard for the existing residents, and she expressed
concern with the potential impacts the pesticides may have on their beekeeping business.
Chair Conway addressed her questions concerning the Development Standards and the
mechanisms for enforcement of non-compliance.
OD Wade Meek, Dairy Farmers of America employee and Johnstown resident, discussed the
increase in food prices, and the applicant's commitment to functioning as a Grade A facility and
producing a quality food product. He explained the market dynamics between the new Leprino
facility and the existing Denver market, and confirmed the DeHaan dairy will service the Denver
market. He also stated this will be a family-owned farm which will provide jobs and produce
quality milk for Colorado. Mr. Meek addressed questions from the Board regarding the number
of dairies that are smaller than 1,000 cows, which also produce 20 percent of the nation's milk,
and he also discussed the capital costs of operating a Grade A facility.
El Brandon Slicker, surrounding property owner, commended the DeHaan family for being a
quality operator at their current facility, and addressed questions from the Board.
ID Stan Rogers, County resident, stated he was part of a Show Cause hearing concerning an
organic dairy in his neighborhood and he had many of the same questions which are being
presented today. He addressed the area residents and asserted the permit will provide
oversight and a means of enforcement to ensure the applicant operates in compliance. He also
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cautioned the Commissioners against requiring trees as a buffer because they attract flies in the
heat.
Hans Harris, surrounding property owner, expressed concerns with pollutants, and
indicated many of his concerns have already been expressed. He raised questions concerning
nitrate levels, and monitoring wells.
IR Frank Hobbs, surrounding property owner, expressed concern with the apparent conflict of
interest on behalf of AGPROfessionals, LLC, being the a realtor, developer, engineer, and
authorized agent for all of the parties involved in this property. He also expressed concern with
the proposed location and density of a dairy in a residential area where the applicant does not
reside. He asked the Board to protect the residents' property rights.
El Tara Clifton, surrounding property owner, expressed concern regarding the negative
impact to the current rural setting and health hazards. In response to questions from the Board,
Ms. Clifton questioned what will be in the buffer area and indicated the noise from the activity
will disturb their family activities.
El Denette Vonasek, surrounding property owner, represented five additional people in
opposition to the application due to concerns regarding the negative impacts of dust, odor,
lights, 24/7 noise, poisoning of birds, and flies. She stated they are tired of complaining about
the conditions created by the existing DeHaan facility, and although the Health Department
claims the facility is in compliance, the buffer and landscaping at the existing site is not
adequate. She responded to questions from the Board regarding the location of her home.
Fl Jim Lindt, surrounding property owner, referenced a letter he previously submitted for the
record, and stated he is in agreement with the previous comments of opposition concerning
flies, smell, noise, decreased property values, and intensity.
El Roger Zeek, Attorney, represented a majority of the opponents and stated the application
does not comply with various sections of the Code, nor has the applicant provided a complete
application and representation of the existing conditions or what is planned (i.e., number of
people, types of equipment, water pumps, employee housing, size of composting stockpiles,
waste removal schedule, landscaping, stormwater retention facilities, water quality and well
setbacks, use of the buffer area, maximum number of cows). He further stated the applicant
should be denied based on the lack of assurance for the protection of the health, safety and
welfare of the neighborhood and incompatibility. There being no further comments, Chair
Conway closed public testimony.
Fl Following a five minute recess, Mr. Yatabe stated Section 23-2-230.6 contains the review
criteria and Sections 23-2-240 and 23-2-260 address the application requirements.
IIEl Mr. Haren agreed the applicant must prove compliance with the seven criteria in
Section 23-2-230.B, as well as the contents of the application. He referred to the Draft
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Resolution and clarified the applicant is not requesting employee housing beyond the two
existing residences as called out in the title. He addressed the stormwater retention standards,
monitoring wells, nitrate levels, and higher engineering standards for the lagoons.
Fl Troy Swain explained the monitoring of groundwater impacts, per State Regulation 81,
which is inspected and tested following construction and reviewed for design, seepage rates,
and maintenance.
Fl Mr. Haren addressed the issue of compatibility and stated the presence of residences does
not redefine the nature of the Zone District. He stated repurposing a turkey farm is practical and
good planning, and the critical issues are: 1) the Agricultural zone was set up for this type of
activity and it is the only district where it is allowed, and 2) it has been proven that agricultural
and residential uses can co-exist if mitigated by Conditions of Approval and Development
Standards.
El Mr. Haren responded to questions regarding the buffer area, manure management and
composting plan, stormwater and wastewater lagoons, animal concentration, pesticides,
lighting, flies, and odor. Fl He also discussed neighborhood contact and stated the applicant
is willing to communicate and delay certain dairy operations if the neighbors notify them of
special activities or events.
El In response to Chair Conway, Mr. Haren stated the applicant is in concurrence with the
Conditions of Approval and Development Standards, as proposed. He confirmed they are
satisfied with the number of employees listed in Development Standard #4, and the language in
Development Standard #20 is acceptable as it applies to the control of noxious weeds.
Commissioner Rademacher proposed deleting the last sentence, regarding vegetation height, to
accommodate crops in the buffer area. Mr. Haren stated he and the applicant have reviewed,
and agree to abide by, the Conditions of Approval and Development Standards, as proposed
and modified.
Fl Commissioner Long commented concerning the merits of the application and review
process and he supports the application, with the included Conditions of Approval and
Development Standards.
Fl Commissioner Garcia commented regarding compatibility and the Grade A practices of the
DeHaans at the existing facility, and he stated he supports the application.
Fl At the suggestion of Mr. Parko, based on the testimony concerning the calculation for the
number of animals, the Board and the applicant agreed to reduce all references of"8,000-head"
down to "6000-head".
Fl Commissioner Rademacher stated he supports the application because the applicant has
reduced the number of animals and increased the setbacks, the facility will be subject to USR
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oversight and enforcement, and there is evidence that residential and agricultural uses do
co-exist. He also urged the applicant to continue reaching out to the neighborhood.
El Chair Conway recognized the neighbors' concerns and urged them to heed the testimony
concerning the character of the applicant. He spoke about the importance of agricultural food
production, the high standards that must be met, and the applicant's intent to be a good
neighbor and keep open lines of communication. He stated the Conditions of Approval and
Development Standards will mitigate many of the concerns, and the applicant has indicated they
are willing to continue receiving input and making a positive impact for the community.
El Commissioner Long addressed the issue of property values and recommended Mr. Haren
provide the data compiled in a study he conducted several years ago.
ID As a result of certain testimony from Mr. Zeek, Mr. Yatabe suggested the Board also
include a finding indicating the additional information cited in Section 23-2-260 of the Weld
County Code is unnecessary in making a determination on the application.
Based on the previous comments, Commissioner Rademacher moved to approve the
request of BB Colorado Holdings, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0034, 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 (6,000-head dairy) and one single
family dwelling unit per lot other than those permitted under section 23-3-20.A of the Weld
County Code (a second single family dwelling) 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 entered into the record, and a finding that additional
information, pursuant to Section 23-2-260 of the Weld County Code, is unnecessary for making
a decision on the application. His motion also included changing all references from
"8,000-head" to "6,000-head" throughout the Resolution, and deleting the last sentence of
Development Standard #20. The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 4:45 p.m.
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This Certification was approved on the 10th day of September, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •
�I E Sean R
w. , Chair
Weld County Clerk to the ..r�l Z.-.4
cF ��nl
c�' � i f a� "1s� William F. Garc =, :-Tem
BY: ; i, � cc• a "a . 5,� •.
Deputy Clerk to the B / EXCUSED
® .` , ,!7 Bar ra Kirkmeyer
r �j
David E. LongLC
Douglas ademac r
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EXHIBIT INVENTORY CONTROL SHEET
Case USR12-0034 - BB COLORADO HOLDINGS, LLC
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 08/21/2012)
C. Planning Services PowerPoint Presentation
D. Phil Buchholz Email objecting application, dated 8/13/12
E. Rozell Watson Email objecting application, dated 8/14/12
F. Charles Baum Email objecting application, dated 8/23/12
G. Rhett Richards Email objecting application, dated 8/27/12
H. Marian Hobbs Email objecting application, dated 9/4/12
Suzanne and Brandon
I. Scheiker Support letter, dated 5/12/12
J. Monique Miller Support letter, dated 5/14/12
K. Troy Swain (WCDEH) Complaint History
L. AGPROfessionals, Inc. Front Range Dairy Presentation
Ted and Darlene
M. Wokersin Letter of Support
N. Jan Oxley Study re: Valuations
O. Commissioner Garcia Ohio State Extension Study
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