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Home My WebLink About20080861.tiff HEARING CERTIFICATION DOCKET NO. 2008-11.B RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1625 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 FOR A 3,000-HEAD DAIRY, AND UP TO TWENTY (20) MULTIPLE SINGLE-FAMILY DWELLING UNITS PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE, IN THE A(AGRICULTURAL) ZONE DISTRICT- AURORA DAIRY CORPORATION A public hearing was conducted on April 2, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem - EXCUSED Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Don Dunker The following business was transacted: I hereby certify that pursuant to a notice dated February 1, 2008, and duly published February 6, 2008, in the Fort Lupton Press, a public hearing was conducted on February 20, 2008, to consider the request of Aurora Dairy Corporation for a Site Specific Development Plan and Use by Special Review Permit #1625 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 for a 3,000-head Dairy, and multiple single-family dwelling units per lot other than those permitted under Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone District, at which time the Board deemed it advisable to continue the matter to March 19, 2008, at the applicant's request, and then again to April 2, 2008, to allow the matter to be heard by a full quorum of the Board. At said hearing on April 2, 2008, Bruce Barker, County Attorney, made this a matter of record. Chair Jerke advised the applicant's representative, Attorney Ken Lind, that he has the option of continuing the matter to a date when a full quorum of the 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 Masden will listen to the record and make the determining vote. Mr. Lind indicated he would like to proceed today. Chris Gathman, 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. He stated this will be the first Use by Special Review Permit at the site of the existing dairy and explained that the applicant is remodeling the existing milking parlor and reducing the total number 2008-0861 PL1948 (-P. © ,GLc> /VC 05—C( v� HEARING CERTIFICATION -AURORA DAIRY CORPORATION (USR#1625) PAGE 2 of head on the site to 3,000. He stated the site will contain three milking parlors, various animal pens and animal shelters will be removed from the site, and one office building will be relocated. He explained the areas formerly utilized for the dairy parlors will now be utilized as pasture land to support the organic dairy operations. He further stated twenty employee homes will remain on the site,and no letters of concern have been received from surrounding property owners; however,one notice of inquiry was received from a surrounding property owner. Mr. Gathman displayed a map of the area, and indicated the proposed changes on the map. Lauren Light, Department of Public Health and Environment, stated water is provided to the site by the Central Weld Water District, and Individual Sewage Disposal Systems(I.S.D.S.)handle the effluent flow. She stated due to the large number of mobile homes on the site with individual septic systems, a letter from the Office of the State Engineer indicates that the site may be considered to be operating as a wastewater treatment facility, therefore, the applicant must come into compliance by connecting to a sewer line from the Saint Vrain Sanitation District, or, remove some of the mobile homes from the site. She explained the applicant has until June 1, 2008, to bring the site into compliance, and she confirmed the applicant is currently working to bring the site into compliance. She further stated the applicant will apply for a Confined Animal Feeding Operation (CAFO) permit, which is addressed through Condition of Approval #1.D, and groundwater protection is addressed through Conditions of Approval #1.6 and #1.C, and Development Standards #10 through #26 address the concerns of the Department of Public Health and Environment. In response to Chair Jerke, Ms. Light indicated the applicant may choose to connect to sewer service provided by the Saint Vrain Sanitation District, or, remove several of the existing septic systems, in order to come into compliance. Chair Jerke indicated it is a requirement that a facility utilize sewer service when a sewer line is located within 400 feet of a property, and it is common sense for the facility to provide modernization. Don Dunker, Department of Public Works, stated the average daily traffic count on State Highway 66, east of County Road 13, is approximately 7,000 vehicle trips per day, and the Colorado Department of Transportation (CDOT) has jurisdiction over the access on State Highway 66. He indicated portions of the site are located within the Saint Vrain River floodplain, and the applicant has obtained a Flood Hazard Permit. He stated the storm drainage on the site will be addressed through the CAFO permit, in conjunction with a retention pond located on the southwest portion of the site,which is located outside of the floodplain. In response to Chair Jerke, Mr. Dunker indicated the school bus has adequate access to enter the site, and does turn off of the road, onto the property, to pick up school-aged children. Responding to Commissioner Rademacher, Mr. Dunker confirmed that CDOT did not recommend any additional improvements to the access, and clarified the reduced number of cattle will lead to a reduced amount of truck traffic at the site. Mr. Lind represented the applicant and indicated his desire to submit the entire planning case file into the record, in order to simplify his presentation. He expressed his appreciation to County staff for their flexibility in working with a new team for the past three months due to the change in representation of the applicant. He clarified the application has not received any negative correspondence from surrounding property owners, and when the new team was appointed to represent the application, every document within the application was reviewed so that any missing information could be submitted to ensure accuracy. He stated the applicant is comfortable that all 2008-0861 PL1948 HEARING CERTIFICATION -AURORA DAIRY CORPORATION (USR#1625) PAGE 3 outstanding issues have been resolved, and he submitted a letter of support, marked Exhibit G, a colored plat map, marked Exhibit H, and a sketch plan, marked Exhibit I. He clarified the roller sprinklers on the site have been converted into pivot sprinklers, the dairy facilities located on the eastern portion of the property have been removed and converted to pasture land, and the freshwater pond will be utilized exclusively for irrigation purposes. He indicated a retention pond is located within the southwest corner of the site, it is located outside of the floodplain, and the pond has been evaluated to confirm the capacity. Mr. Lind stated even though the number of cattle located on the site will be reduced, a Use by Special Review application was submitted due to the removal of the lagoons along the east end of the property, the addition of pumping systems for irrigation, and other various upgrades within the facilities. He suggested that the request language throughout the Resolution be modified to state "...and up to twenty (20) multiple single-family dwelling units per lot...,"and indicated the Department of Planning Services does not object to the modification. He further requested that Development Standard#7 be deleted, since the language does not make sense, and he believes the language contained within the standard was carried forward from the language for the original dairy. He clarified CDOT controls the access,therefore, the Department of Planning Services does not have any objection to the deletion of the standard, and required re-numeration. He stated the applicant concurs with all other Conditions of Approval and Development Standards, and reiterated all of the conditions and standards were thoroughly reviewed. Mr. Lind explained the applicant has formed a new team of representatives to work on this application,as well as upcoming applications,and any specific questions regarding operations at the site may be addressed by various team members. He further reiterated a substantial reduction in the number of cattle will take place at the site, from a total of 4,000 head to 3,000 head,and 1,000 head of cattle are currently located at the site. He clarified the applicant voluntarily reduced the amount to 1,000 in order to conduct a review to ensure that operations at the site are running efficiently. He stated there has been open communication between County staff and the various representative team members, and all correspondence is now channeled appropriately. In response to Chair Jerke, Mr. Lind stated the source of the water within the irrigation pond is both owned and leased water through the Highland Ditch. He further stated the pond is not lined, and he is not sure of the exact depth of the pond. Chair Jerke indicated the pond appears to be located in very close proximity to the Saint Vrain River, and he is concerned that the pond may be too close to groundwater levels. Mr. Lind clarified the pond is currently dry, and will be filled with irrigation water in the future. Julie Cozad, Tetra Tech, represented the applicant and stated she is the team member who is handling the planning and civil engineering aspects of this application and future applications. She clarified Tetra Tech will not be working the regulations regarding the CAFO permits; however, the company will work with the Department of Public Works regarding the drainage issues on the site, including a Flood Hazard Development Permit. She further stated her role is to ensure that all of the Conditions of Approval and Development Standards are completed, and she clarified approximately half of the conditions have already been met, therefore, she expects the rest of the conditions to be completed within a timely manner. She indicated she has been working in conjunction with Enviro-Ag Engineering, Inc.,to address the concerns regarding the septic systems located on the site. Ms. Cozad stated the map does indicate that the new facility is greatly reduced from what has historically been located at the site, and many of the surrounding property owners are happy with the proposed changes. In response to Chair Jerke, Ms.Cozad clarified a sewer line does not exist within 400 feet of the facility; however, there is a line located within approximately 2008-0861 PL1948 HEARING CERTIFICATION -AURORA DAIRY CORPORATION (USR#1625) PAGE 4 5,000 feet from the location of the mobile homes, and the cost to bring the sewer line to the homes exceeds $300,000.00. Further responding to Chair Jerke, Ms. Cozad stated there are housing developments located north of the site, and it is possible that a sewer line may be brought in close proximity within the near future, therefore, if a line is brought within 400 feet of the facility, the applicant will definitely utilize the sewer service. Gary Chapman, Enviro-Ag Engineering, Inc., stated he will handle the details concerning compliance with the conditions relating to groundwater protection, and he will handle the filing process for the CAFO permit, as well as finalizing the septic system plans. Responding to Commissioner Rademacher, Mr. Chapman clarified the detention pond is lined. In response to Chair Jerke, Mr. Chapman indicated the pasture land will be irrigated with water from the runoff pond located at the southern portion of the property which will be pumped through the pivots. He further stated since the pond is located in such close proximity to the Saint Vrain River, the applicant is required to operate within the specifications of the Nutrient Management Plan, to be implemented by February,2009. He clarified the applicant is already complying with the necessary application rates so that runoff does not occur, and the crop planted is triticale, which is grazed heavily. Barney Little, Director of Farm Resource and Development for Aurora Dairy, stated he developed the original dairy located at this site in the early 1980's. He indicated he oversees the construction and cattle feed purchases at the site, as well as providing site management of the facilities. Juan Velez,Vice President of Farm Operations for Aurora Dairy,stated he is responsible for all five Aurora farms, of which three are located in Colorado, and two are located in Texas. In response to Commissioner Rademacher,Mr.Velez stated approximately 70 baby calves are currently located at the site, in addition to the 1,000 adult head. He further stated the current configuration can accommodate approximately 2,000 adult cattle, plus up to approximately 1,000 baby calves, without any modifications. He stated if 3,000 milking head are located at the facility, several minor changes will be necessary at the milking parlor. Sonja Tuitele, Vice President of Communications for Aurora Dairy, stated her role includes acting as a liaison between County staff and representative team members, to ensure all application information is complete. She further stated she handles community relations, and she will work with surrounding property owners and other community groups. Mr. Lind stated the representative team has continually been meeting together in order to avoid issues of compliance,and the team members are very valuable. He indicated this facility is serving as a model operation for Aurora Dairy, and the operation is progressing well. He clarified the irrigation pond is approximately 4.5 feet in depth, and he requested approval of the application. He further clarified Ms. Tuitele is the coordinator who develops meetings and she has provided an exemplary effort with the surrounding property owners, which is most likely why no neighbors are present today to provide opposition. No public testimony was offered concerning this matter. 2008-0861 PL1948 HEARING CERTIFICATION -AURORA DAIRY CORPORATION (USR #1625) PAGE 5 Responding to Chair Jerke, the Board concurred with the modification of the request language throughout the Resolution to state,"...and up to twenty(20)multiple single-family dwelling units per lot...,"and the deletion of Development Standard#7,with the required re-numeration,as previously requested by Mr. Lind. In response to Chair Jerke, Mr. Lind indicated he, and the applicant, have reviewed, and concur with, the Conditions of Approval and Development Standards, as modified. Commissioner Rademacher indicated the applicant has completed a thorough proposal, and he personally can attest to the fact that the dairy operations have been very well managed since he lives within close proximity to the dairy. Chair Jerke indicated the lack of negative comments from surrounding property owners is very assuring. Commissioner Rademacher moved to approve the request of Aurora Dairy Corporation for a Site Specific Development Plan and Use by Special Review Permit#1625 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 for a 3,000-head Dairy, and up to twenty(20) multiple single-family dwelling units per lot other than those permitted under Section 23-3-20.A of the Weld County Code, 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. His motion included the modification of the request language throughout the Resolution to state, ...and up to twenty (20) multiple single-family dwelling units per lot...," and the deletion of Development Standard#7, with the required re-numeration. The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 7th day of April, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' 1 ) illiam H. Jerke, Chair Wel County Clerk to the Bo .,� XCUSED Robert DPMas , Pro-Tem BY: u 4 ails Dep CI to the Boa d L e Wil F. aJ�cia cJJ David E. Long Dougla Rademach r 2008-0861 PL1948 EXHIBIT INVENTORY CONTROL SHEET Case USR#1625 -AURORA DAIRY CORPORATION Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 12/18/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Applicant Request for Continuance, dated 02/19/2008 F. Applicant Notice of Continued Hearing, dated 02/22/08 (Filed under Legals) G. Applicant Letter of support from Nick Sekich, dated 04/01/2008 H. Applicant USR colored plat map I. Applicant USR sketch plan J. Planning Staff Certification and photo of sign posting K. L. M. N. O. P. Q. R. S. T. U. V. H Iso a N Oc pc c 1 k3 li — Dgt ° �} m 1 0 J a n � i t _� '� re N O Nco Ill re — OU M o y u) U I ,� Lb Q m a O a 0 oL 70 4 A�• *` Z LL .c `mom in TJ � \+ d N N 3 _ 1 F 0 V to C. m a) c Rn'k`k�Cl ��ll y F- Q R Z`a o o w o e 3 rn r Q ° = AC O re z f p N ^Qi o • N O C R co Q C— r` `' O m "Oi+ N 112 A O 4) TL+ Q E CO F -O2 = O G) 0 R 0 0. N .a i6 G C ) h; ‘s.. I Q `C W2 .a O N 0 C 7 O `` r 'I LL -, a' OQ r cO 6d J r. 3Z ; rev. Qo rn o r ; w oo :71- T to OOOO Vv Q OOOO y c. 1' N N N N O1 2 YYYY Q E c o U W 0000 -I z g N ' re (= X ° ° ° 0 a g U �v:VY A Q --4 v \ � l v N� 0 O o n �'1 V N V ) L. w ? re O w - O w N S V = to 142 U 1v Z (> 1 Q 5 R ZLi. 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