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Home My WebLink About20082397.tiff HEARING CERTIFICATION DOCKET NO. 2008-58 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1356 FOR A LIVESTOCK CONFINEMENT OPERATION (5,000-HEAD DAIRY, INCLUDING MILKING COWS, DRY COWS, HEIFERS, AND CALVES, AND NINE (9) ADDITIONAL MOBILE HOMES AS ACCESSORIES TO THE FARM) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARVIN AND SANDRA TE VELDE FAMILY TRUST A public hearing was conducted on September 3, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher- EXCUSED Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 25, 2008, and duly published August 1, 2008, in the Greeley Tribune, a public hearing was conducted to consider the request of the Marvin and Sandra Te Velde Family Trust for a Site Specific Development Plan and Amended Use by Special Review Permit#1356 for a Livestock Confinement Operation (5,000-head dairy, including milking cows, dry cows, heifers, and calves, and nine (9) additional mobile homes as accessories to the farm) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record and advised the applicant's representative, Cody Hollingsworth, AGPROfessionals, LLC, that he has the option of continuing the matter to a date when the full Board will be present. However, if he decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Hollingsworth indicated he would like to proceed today. Jacqueline Hatch, 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. She stated the site is located east of County Road 17, south of County Road 18, and consists of three parcels totaling 205 acres; however, the Amended Use by Special Review (USR) permit boundary encompasses 163 acres. She read Section 22-2-60.A.3 (A.Policy 1.3) into the record, and indicated a dairy is considered to be an agricultural related use. She clarified the applicant previously applied for a 4,500-head dairy on 130 acres in 1999; however, at the time, the Planning Commission recommended that the number of head be reduced to 3,500, and the permit application was subsequently denied by the Board of County Commissioners on February 3, 1999. She further clarified the applicant provided a new application on August 20, 2001, due to a 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 2 substantial change of the reduced number of cattle of 1,450-head on 80 acres, and the application was approved on December 5, 2001. She indicated the site contains one mobile home as a principal dwelling unit, and nine mobile homes as accessory to the farm units; however, one of the mobile homes recently burnt and is being replaced. She stated the site is located within the three-mile referral area for the Towns of Frederick and Firestone and the City of Dacono, which indicated no conflicts with its interests. She further stated the Town of Frederick has requested the applicant implement the Management Plan for Nuisance Control, to be re-evaluated on an annual basis, and indicated odors at the site have been an issue in the past. She indicated the plan has been approved by the Department of Public Health and Environment, and the site will comply with all Confined Animal Feeding Operation (CAFO) Regulations. She further indicated no comments were received from the Town of Firestone; however, the applicant has submitted a Development Application for a Pre-Annexation Agreement to the Town of Firestone. She stated seventeen referral agencies reviewed the application, four agencies had no comment, and nine agencies provided comments which have been addressed through the Conditions of Approval and Development Standards. She indicated one letter has been received from a surrounding property owner since the Planning Commission hearing, indicating concerns with lack of landscaping and screening along County Road 17, and she displayed photographs of the site and surrounding area. In response to Chair Jerke, Ms. Hatch indicated the mobile home permits are all existing, and will be re-authorized and combined through this amended USR permit. Don Carroll, Department of Public Works,stated the existing facility is adjacent to County Road 17, which is a local gravel road with an average daily traffic(ADT) count of 117 vehicles, and County Roads 16 and 18 have an ADT count of approximately 180 vehicles. He indicated the access to the site is adequate, circulation is good, and there is plenty of access through the alleyways between pen sections. In response to Chair Jerke, Mr. Carroll confirmed all of the adjacent roads are local gravel roads, maintained by the County. He clarified the Towns of Firestone and Frederick have annexed property in close proximity to the facility; however, the roads have not been annexed by either Town. Commissioner Garcia stated the referral from the Fort Lupton Fire Protection District indicates concerns with the road base on the site upon responding to a structure fire at the dairy, and he questioned if there is a plan to improve the road base on the site. Mr. Carroll indicated he has recommended to the applicant that adequate gravel be provided throughout the entire internal circulation so that fire apparatus and other vehicles do not get stuck within the facility. Ms. Hatch confirmed Condition of Approval#1.F indicates that the applicant shall improve the access roads on the site, as outlined in the referral. Lauren Light, Department of Public Health and Environment, stated water to the site is provided by two commercial wells and a water tap from Central Weld Water District. She further stated the property contains nine septic permits for the mobile homes, as well as a permit for the milking parlor and the office/scale house. She stated the applicant will apply for a CAFO Permit through the State,and a Nuisance Management Plan has been approved,which addresses dust,odor,and pest control issues. She indicated the State has provided approval concerning the seepage rates of the existing lagoons,and Conditions of Approval#1.A and#1.6 address additional requirements regarding the lagoons. She clarified if a new lagoon is added, the applicant will have to construct the lagoon in accordance with State standards, and she indicated the Department does not have any outstanding concerns with the application. In response to Chair Jerke, Ms. Light indicated she 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 3 is not sure of the nearest sewer line, and she confirmed that a surrounding municipality would not be able to provide sewer service unless the site completes the annexation process. Mr. Hollingsworth stated the site is currently operating with a total of 2,200 cattle,and the amended permit requests a combination of additional acreage and animals for a total of 5,000 cattle, including milking cows, dry cows, heifers, calves, and bulls. He indicated another dairy facility is located one-half mile to the east, and there are several poultry facilities located within the surrounding area. He referred to his PowerPoint presentation, marked Exhibit F, and displayed a drawing of the proposed full buildout of the site, and he described the construction of the composting barns. He clarified the design of the facility, as an evaporative facility, will help to mitigate the off-site impacts to surrounding property owners, and he confirmed the facility will be re-graded after the addition of the barns so that drainage is improved on the site. He inidicated the stormwater collected on the site will be much cleaner, since the runoff will not mix with the matter within the compost barns, rather, it will be collected from the roofs of the barns and the land area between the barns. He reiterated the applicant has submitted the Nutrient Management Plan, as well as the Nuisance Control Plan. He further referred to Exhibit F, indicating there will be no cattle pens between the barns, therefore, the stormwater will not come into contact with the manure, eliminating wet sloppy pens, and preventing excess odor. He clarified the ponds on the site must be lined and certified according to state and federal regulations, and all of the ponds have been tested and certified. Mr. Hollingsworth indicated the access is perpendicular to County Road 17, contains safe sight distances, and 19 vehicle trips per day are expected at the facility. He clarified the facility will employ 24 employees at full buildout; however, housing will be provided on the site for ten employees. In response to Commissioner Masden, Mr. Hollingsworth reiterated the design of the facility will help to mitigate any smells from the site, since the contact of water and manure will be limited on the surface of the pens. He clarified the pens will be rototilled daily to be kept dry and to prevent odor,the manure is composted,and solids will be prevented from flowing into the ponds,therefore, the retention ponds will contain cleaner water. Further responding to Commissioner Masden, Mr. Hollingsworth clarified the barns are labeled as "composting barns", since the compost is utilized within cattle bedding, and he indicated the barns will be harrowed on a daily basis, and the dirty bedding material is hauled to the composting facility, which is directly adjacent to the site. Further responding to Commissioner Masden, Mr. Hollingsworth indicated the composting process is a very effective way to control flies and other nuisances, since the composting process breaks down the bacteria, producing heat which kills the fly larvae. He further stated the composting barns should not experience any major fly issues. In response to Chair Jerke, Mr. Hollingsworth stated the applicant does not have any concerns with the actions requested within the referral from The Farmers Reservoir and Irrigation Company(FRICO), and he clarified the drainage on the site will be contained, and will not run into the ditch, therefore, the ditch will be protected. He confirmed there will be no improvements constructed within the ditch right-of-way. Dave Mallory, surrounding property owner, stated he owns 160 acres directly west of the dairy, on the west side of County Road 17. He expressed his concerns regarding the existing USR permit, indicating Condition of Approval #2.1 required the applicant to provide a buffer of evergreen trees for screening purposes; however, the Condition has never been completed. He stated his 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 4 interpretation of the Condition is that the applicant was required to provide a screening buffer along County Road 17; however, the Landscaping Plan submitted only included screening along the access drive. He further stated the only berm provided is the original containment berm for the ponds along County Road 17. In response to Chair Jerke, Ms. Hatch clarified Mr. Mallory is making reference to the Resolution which approved the existing permit for USR #1356. Mr. Mallory confirmed his property is bordered by the municipal limits of Firestone and Frederick, and in order to protect the future value of his property, he is requesting that the applicant be required to provide screening along County Road 17. He indicated he found it strange that the Town of Firestone did not provide a referral response, therefore, he contacted a Town Planner, who indicated the application was reviewed and the Town chose not to respond because the Town does not have a current Intergovernmental Agreement(IGA)with Weld County. He stated the Town of Firestone is in the process of annexation for the property directly across from the dairy on County Road 17, and he clarified that the annexation is approved; however, it is not completed at this time. He confirmed the Town of Firestone expressed major concerns with the proposed USR permit in 2001, and the requirement for screening was placed within Resolution due to those concerns. Mr. Mallory indicated he has experienced a significant increase in odor for the past several months, and other neighbors have indicated the same; however,the increased odor does appear to be a typical dairy smell. He clarified the FRICO ditch runs through the middle of the dairy property, and confirmed the applicant is currently piling manure on the north side of the barn. In response to Commissioner Garcia, Mr. Mallory clarified the previous Condition of Approval regarding the screening on the site indicated the applicant must submit a Landscaping and Screening Plan, which was submitted and approved by the Department of Planning Services. He indicated the only improvements indicated within the plan were the row of evergreen trees which were planted along the driveway at the southern border of the property; however, it is his opinion that the intent of the Condition of Approval was to include screening along County Road 17. Responding to Chair Jerke, Mr. Mallory indicated, on the map provided, the placement of the property currently within the annexation process with the Town of Firestone, and he clarified the property was originally a part of his farm; however,the property has since been sold to a developer. He indicated the Town is not sure who currently owns the property, since portions of the property have been sold off to other developers in conjunction with other real estate purchases. In response to Commissioner Garcia, Mr. Mallory explained the increase in odor from the facility may be caused by the composting activities taking place on the site, which he does not find out of the ordinary or particularly offensive. He clarified his complaint is mostly regarding a second odor,which is highly objectionable, and can only be described as similar to odors found within a hog farm. Responding to Chair Jerke, Mr. Mallory indicated his primary occupation is farming, and he grows alfalfa which he markets primarily to owners of horses. In response to Commissioner Masden, Mr. Mallory indicated he owns two residences, one of which is located on a 2.5 acre parcel, and the smell from the dairy is the most obtrusive when the wind is blowing from the southwest. He clarified the smell is occurring surprisingly more often than in past years, and confirmed the wind changes primarily within the evening hours. Further responding to Commissioner Masden, Mr. Mallory reiterated his desire for the applicant to be required to provide screening along County Road 17, and indicated the placement of the screening on the map provided. He indicated when the previous request for a USR permit was denied in 2001,the property owner completed the Recorded Exemption process to create an additional 80-acre parcel so that the dairy property would not be directly adjacent to 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 5 the municipal limits for the Town of Firestone. In response to Chair Jerke, Ms. Hatch confirmed the Town of Firestone has been within the process of annexing the adjacent property for several years; however, the annexation has not yet been deemed completed. Tom Haren, AGPROfessionals, indicated he was the representative during the previous USR permit process,and the property owner did not complete the Recorded Exemption process, rather, the property was already owned as two separate 80-acre lots. He indicated during the previous application process, the site was not located adjacent to the municipal limits for the Town of Firestone. He clarified the initial USR permit application was denied due in part to the Town of Firestone's IGA boundary bisecting the two 80-acre parcels, indicating one parcel was within the IGA boundary, and one parcel was not, therefore, due to the legalities of the IGA, the application had to be denied at that time. He indicated the property owner reapplied through a Substantial Change, with the rational being that the dairy existed prior to the drawing of the IGA boundaries by the Town of Firestone, therefore, the two parties came to an agreement for the property owner to apply for a USR permit on one 80-acre parcel, and utilize the other 80-acre parcel as a Use by Right, allowing the cattle to co-mingle. He confirmed the previous property owner experienced difficulties in the community, and there was a large amount of opposition to the dairy at that time. He explained Mr. Hollingsworth met with officials from each of the surrounding municipalities,which all indicated that they had no major concerns about the existing dairy,and that the expected growth patterns have changed within the past few years. He confirmed the property currently within the annexation process was within the annexation process when the original permit was considered, and the annexation of the property is still not finalized. He stated the current owner of the dairy has a completely different attitude than the previous owner, and the Towns and neighbors have not expressed a large amount of opposition to this expansion request. There being no further testimony, the Board closed the public input portion of the hearing. Mr. Hollingsworth reiterated the composting barns are open, containing only a roof with a footer, and will be constructed as agricultural exempt buildings. He indicated the manure located on the north side of the barn is cleaned from the existing open lot pens in order to clean the area so that a foundation for the footers to surround the barns may be poured. He stated the manure is composted as quickly as possible and hauled to the composting area in order to prevent odors. He clarified the previous Condition of Approval indicated a berm or trees may be utilized to provide screening, and he confirmed there is a large berm, approximately ten to twelve feet tall, along the west side of the pond which prevents visual impacts. He clarified five trees were identified to be planted along the west side, and the applicant is willing to accommodate the placement of those trees. In response to Chair Jerke, Mr. Hollingsworth clarified the applicant is amenable to bring the site in compliance with the current requirements of the Landscaping and Screening Plan, which is the installation of the five trees along County Road 17, and he confirmed the owner will not expand the current footprint of the dairy operations on the site. Further responding to Chair Jerke, Ms. Hatch indicated the applicant is not currently required to provide screening along County Road 17; however, she proposed that a new Condition of Approval #1.G be added, requiring that the applicant implement the previously approved Landscaping Plan, approved through USR #1356. She clarified the requirements along County Road 17 within the Resolution for USR #1356 only 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 6 include a berm, which is existing, and the installation of five pine or spruce trees, spaced evenly. Chair Jerke indicated the installation of five trees, spaced evenly along one-quarter of a mile, does not provide adequate screening. In response to Ms. Hatch, Mr. Hollingsworth indicated due to State regulations, the applicant will not be allowed to place trees on the top of the existing berm, as the trees may modify the composition of the berm. Responding to Chair Jerke, Mr. Hollingsworth confirmed the berm exists along the entire boundary of the pond located adjacent to County Road 17, and he is concerned the addition of trees will detract from the safe sight distances. Ms. Hatch provided a photograph of the existing berm, and Chair Jerke indicated the berm is of a substantial height. Chair Jerke indicated he does not concur with the proposed amendment, as the existing berm provides substantial screening along County Road 17, and the Board concurred. In response to Chair Jerke, Mr. Hollingsworth indicated he and the applicant have reviewed, and concur with, the Conditions of Approval and Development Standards. Commissioner Masden stated it appears the amendment to the permit is to essentially accommodate an expansion of the barns on the site, and he concurs that the existing berm is substantial and adequate for screening purposes. He indicated he does not believe there is a significant need for additional trees to be planted, and he prefers that staff be directed to work with the applicant to determine if the placement of the five trees is necessary. Chair Jerke clarified the applicant's representative has indicated it will be a violation of State statue to install trees within the berm,therefore, the Board cannot require the applicant to install the trees. Commissioner Masden expressed his concern regarding the Town of Firestone not providing any referral comments, and he clarified the County will take referral comments into consideration from any municipality even in the absence of an IGA. He indicated he supports approval of the application. Chair Jerke indicated a majority of surrounding municipalities do not have an IGA with Weld County; however, most municipalities will still provide referral comments, therefore, he is surprised that the Town of Firestone did not provide a response to the referral request. He stated the lack of a response indicates that the dairy operations are efficient, and he understands that a dairy produces unpleasant smells on occasion; however, that is the nature and reality of agriculture. He indicated the Board room is normally full of protesting neighbors during hearings for dairies which are not clean and well organized. Commissioner Masden moved to approve the request of the Marvin and Sandra Te Velde Family Trust for a Site Specific Development Plan and Amended Use by Special Review Permit#1356 for a Livestock Confinement Operation (5,000-head dairy, including milking cows, dry cows, heifers, and calves, and nine(9)additional mobile homes as accessories to the farm)in the A(Agricultural) Zone District, based on the recommendations of the 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 Garcia,and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. 2008-2397 PL1284 HEARING CERTIFICATION - MARVIN AND SANDRA TE VELDE FAMILY TRUST (AMUSR#1356) PAGE 7 This Certification was approved on the 8th day of September, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO R a ATTEST: ./v . Jerke, Chair :rFkt0tflmTem he U s PTem b the Board Willia Garcia David E. Long EXCUSED Douglas Rademacher 2008-2397 PL1284 EXHIBIT INVENTORY CONTROL SHEET Case AMUSR#1356- MARVIN AND SANDRA TE VELDE FAMILY TRUST 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 08/19/2008) D. Planning Staff Certification and Photo of Sign Posting E. Dave Mallory Letter of Concern, dated 8/25/08 F. Applicant Copy of PowerPoint Presentation G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. \ / . % N »O C\\ \ , g \ ,� / \Ac � � \ ® � d ° } / ° © o \��2 j o \ 7 / aici \ \ a LU s w \ %- a CC 111 N CO CO i ± z w -j ° \ N �' / ' % a Q o at § 2 k \ } / z ® iu •) } f y I ° I -0 ":...N' ® < k ILI ° en w \ G \ } 2 w o g M \ / . 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