HomeMy WebLinkAbout20081290.tiff HEARING CERTIFICATION
DOCKET NO. 2008-38
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #1405 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
(98,000-SQUARE-FOOT MILK PROCESSING PLANT)IN THE A(AGRICULTURAL)ZONE
DISTRICT-AURORA DAIRY CORPORATION
A public hearing was conducted on May 21, 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
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 May 2, 2008, and duly published May 7, 2008, in the
Fort Lupton Press, a public hearing was conducted to consider the request of Aurora Dairy
Corporation for a Site Specific Development Plan and Second Amended Use by Special Review
Permit#1405 for an Agricultural Service Establishment(98,000-square-foot milk processing plant)
in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record.
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 the milk processing plant will be expanded in size from 47,803 square feet, to 98,000 square
feet. He gave a brief description of the surrounding land uses, and he indicated 20 referral
agencies reviewed the request,and fifteen responded favorably,or provided comments which have
been addressed within the Conditions of Approval and Development Standards. He stated the
number of employees will eventually increase from 65 to 120, and he displayed a map of the site
and surrounding area.
Lauren Light, Department of Public Health and Environment, stated the site is served by the Little
Thompson Water District and the Saint Vrain Sanitation District. She indicated the Department
does not have concerns regarding the expansion of the facility, and clarified Condition of
Approval #1.N requires a Dust Abatement Plan; however, the plan will only be required if the
interior roads are not paved. She further indicated Development Standards #5 through #15
address the requirements of the Department.
Don Dunker, Department of Public Works, stated the access to the site is located on State
Highway 66, and the average daily traffic count is approximately 7,000 vehicle trips per day. He
stated the Colorado Department of Transportation (CDOT) will utilize a phased approach as the
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expansion increases, and the applicant will be required to provide additional traffic studies to
determine the necessary improvements. He stated the traffic study completed in December,2007,
indicated that an eastbound deceleration lane is required in conjunction with the planned
expansion. He further stated the expansion will cause an increase of the daily traffic to
approximately 234 trips per day, at full buildout. He indicated the Department has requested the
placement of a Stop sign at the access, a ditch agreement has been submitted, allowing discharge
at the entrance of the property, and the stormwater drainage will be contained within a detention
pond located at the south end of the facility.
Mr. Gathman indicated the applicant has provided letters, marked Exhibit G, which address
Conditions of Approval #1.1, #1.J, #1.K, and #1.L, therefore, the Conditions may be deleted.
Julie Cozad, Tetra Tech, represented the applicant and displayed a map, marked Exhibit H. She
expressed her appreciation to staff members for their assistance during the transition of
representation for Aurora Dairy. She introduced Jay Wilson, Senior Vice President for Aurora
Dairy, who oversees the transportation and delivery of milk products to retail customers. She
further introduced Sonja Tuitele, Vice President of Communications for Aurora Dairy, and Roger
Hosier, Senior Engineer at Tetra Tech, and indicated Ms.Tuitele will later provide a brief overview
of the public contact generated by Aurora Dairy. She stated the site is located south of State
Highway 66, east of County Road 13,west of County Road 17, and north of the Saint Vrain Creek,
and is surrounded by agricultural lands. She further stated the Grandview Estates Subdivision is
located one-half mile west of the site, within the municipal limits for the Town of Mead, and she
clarified the site is not located within the floodplain. Ms. Cozad gave a brief description of the
historical uses on the site, and indicated Aurora Dairy began the process to become an organic
dairy once it retained ownership of the property in September, 2003. She stated through Amended
Use by Special Review (USR) Permit #1405, the number of animals located on the site was
reduced to 1,700, many facilities were removed from the site, and the milk processing plant of
48,000 square feet was constructed. She clarified the applicant has recently completed the
Recorded Exemption (RE) process, modifying the boundaries of the USR permit to include Lot A
of RE#4654,which is approximately 19.5 acres in size. She further clarified the number of animals
on the site has been reduced, Lot B of RE #4654 will now contain pasture land, and a Condition
of Approval for RE#4654 is to vacate the portion of the property from the existing USR permit. She
stated the expansion plans have been based on market conditions, and she predicted expansion
will take place sometime in the next seven to eight years. She further stated the milk processing
plant will be expanded up to 98,000 square feet, including a cooler area for the storage of milk, a
dry storage area, a processing area, office space, and a scale house. She stated the wastewater
pond may need to be expanded in the future, therefore, it is indicated on the plat. She indicated
the site currently has 65 plant employees and twelve office employees, and the future expansion
plans will require 120 plant employees in addition to the twelve office employees. She reviewed
the service providers for the site, and indicated the circulation, access, and parking areas will not
be modified. She clarified an updated Circulation Plan will be provided, as required, an easement
for Lot B will be arranged to accommodate storm sewer needs, and a signed ditch agreement has
already been provided. In response to Chair Pro-Tem Masden, Ms. Cozad indicated the pond will
capture drainage on the site, and the applicant is committed to modify the pond, if necessary. She
clarified the pond has been designed for multiple purposes, including as an overflow pond for Saint
Vrain Sanitation District, for stormwater management, and for irrigation water. She indicated the
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traffic study has been submitted,the applicant has obtained an access permit from CDOT, and any
improvements required due to expansion of the facility will be completed in phases. She clarified
the applicant will provide a deceleration lane for the trucks entering the facility, and the
implementation of the additional lane will be provided when deemed necessary by CDOT.
Ms. Cozad reiterated the timing on the construction of the expansion will be based upon market
conditions, and the overall layout of the site is conceptual; however,the final design will not exceed
the allowed square footage, and the building height will not exceed any current structures on the
site. She stated Condition of Approval #1.A requires an Improvements Agreement; however, she
requested the applicant be allowed to provide a draft agreement in order to record the plat, due to
the unknown timing of the construction at the site. She indicated the applicant has concerns
regarding providing collateral when construction costs could significantly increase within the next
few years. She further indicated the applicant will provide a final agreement prior the release of
any building permits. Mr. Gathman indicated the condition could be moved to become a condition
required Prior to the Release of Building Permits, or, could be added as a Development Standard.
Ms. Cozad indicated she preferred to have the language in Condition of Approval#1.A become a
condition required Prior to the Release of Building Permits, and the Board concurred.
Commissioner Jerke indicated if there is public opposition presented later, these issues may need
to be revisited. Ms. Cozad clarified that a Sign Plan will be provided, as required by Condition of
Approval#1.C; however,there are no new signs to be added to the site, except for the replacement
of existing signs. She further clarified the Lighting Plan will be submitted, as required in Condition
of Approval#1.D, and she indicated the applicant is requesting that additional landscaping not be
required, as addressed within Condition of Approval #1.E. She stated the applicant is conscious
of being environmentally friendly, and must be extremely careful about weed management, due to
the organic designation. She clarified use of herbicides is prohibited, therefore, the applicant will
provide minimal landscaping through rock and mulch products. She stated the expansion does not
provide dramatic changes to the site,and neither of the previous USR permits required landscaping
or screening, therefore, she requested modification, or deletion, of Condition of Approval #1.E.
Commissioner Rademacher concurred with the deletion of Condition of Approval#1.E. In response
to Commissioner Jerke, Ms. Cozad confirmed the facility is not visible from State Highway 66, and
the Board concurred with the request to delete Condition of Approval #1.E, with the required
re-lettering.
Ms. Cozad indicated a Final Drainage Report will be submitted, as required through Condition of
Approval #1.G; however, she clarified this facility is rural and a non-urban use. She further
reiterated the Site Access and Circulation Plan, required through Condition of Approval #1.H will
be submitted, and she requested deletion of Conditions of Approval#1.1, #1.J, #1.K, and #1.L, as
all of the required documents have been submitted. Mr. Gathman confirmed the necessary
documents have been submitted, and the Board concurred with the requested deletions, with the
necessary re-lettering. Ms. Cozad further requested the deletion of Condition of Approval#1.O.3,
based upon the deletion of the requirement of the Landscape and Screening Plan. She requested
a modification to Condition of Approval#1.O.9, and indicated the applicant desires to install Class
One road base, which will be packed, graded, and treated with calcium chloride, in order to meet
the required organic standards for the facility. Mr. Dunker indicated the applicant may provide
Class One or Class Six road base. The Board concurred with the deletion of Condition of
Approval #1.O.3, and the modification of the language of the first sentence of Condition of
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Approval #1.O.9, to state, "The off-street parking area, access drives, and loading areas shall be
surfaced with Class One or Class Six road base, or an equivalent material." Ms. Cozad requested
modification to Conditions of Approval #2 and #3, in order to be able to record the plat with one
hundred and twenty (120) days, instead of thirty (30) days, due to the significant amount of
engineering work to be completed regarding the drainage on the site. The Board concurred with
the requested modifications. Ms. Cozad clarified the site is currently in operation, therefore, she
requested the title of Condition of Approval#5 be modified from "Prior to operation,"to"Prior to the
Release of Building Permits." She further suggested upon modification of the title, that the
language of former Condition of Approval #1.A be added to this section to become Condition of
Approval #5.B. She clarified a new Stormwater Discharge Permit is not required until the actual
construction activities begin on the site. The Board concurred with the modification of the title of
Condition of Approval #5, and the addition of the language of former Condition of Approval #1.A
to become Condition of Approval #5.B. Ms. Cozad requested Development Standard #4 be
modified to state 132 employees, due to the twelve office employees in addition to the 120 plant
employees, and the Board concurred with the modification. She further requested Development
Standard #15 be modified to state, "The facility shall utilize the Little Thompson Water District for
adequate water supply for the facility', and the Board concurred with the modification. She
requested the first sentence of Development Standard#18 be modified to state, "A building permit
application must by completed for any new construction requiring a building permit, and...", and
recommended the words "for any new building permits" be added to the end of the second
sentence. The Board concurred with the proposed modifications to Development Standard #18.
She further requested the deletion of Development Standard #25, since the landscaping
requirements were previously deleted, and the Board concurred. Ms. Cozad indicated a portion
of the property will be planted in pasture grass, therefore, she requested the words"grasses and"
be deleted from Development Standard #29, since there may be times in which the pasture grass
grows past twelve (12) inches in height. The Board concurred with the modification.
Ms. Tuitele indicated Aurora Dairy is proud of this state-of-the-art facility, which recently won an
award as the Best Fluid Milk Plant from the All-Star Dairy Association. She indicated the facility
attracts visitors from local, national, and international agricultural communities, including a group
from Moldova, which is currently touring the facility. She stated the Platteville redevelopment
project is almost complete, which includes a reduced number of buildings and increased pasture
land, with approximately 1,000 milking cows on the site. She further stated the Rocky Mountain
Center for Organic Dairy Research has been established, through two partnerships with Colorado
State University,completing pasture studies,and with the University of Michigan,with four graduate
students studying the carbon footprint of the company. She indicated the company is making good
progress with the dairy located in Gill, and the necessary plans have been implemented. She
indicated an open house will take place on June 5, 2008; however, she understands that the Board
may not attend due to the pending hearing which was continued to August, 2008.
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Masden, Ms.Cozad indicated she,and the applicant, have reviewed,
and concur with, the Conditions of Approval and Development Standards, as modified.
Mr. Gathman requested the language for Condition of Approval #5.B be modified to state, "The
applicant shall complete all proposed transportation improvements (access drive, parking areas,
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etcetera), to the satisfaction of the Departments of Planning Services and Public Works, or, enter
into an Improvements Agreement According to Policy Regarding Collateral for Improvements, and
post adequate collateral for all required on-site improvements. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of County Commissioners."
Ms. Cozad indicated she concurred with the proposed language, and the Board concurred with the
modification of Condition of Approval #5.B, as described by Mr. Gathman.
Commissioner Rademacher moved to approve the request of Aurora Dairy Corporation for a Site
Specific Development Plan and Second Amended Use by Special Review Permit #1405 for an
Agricultural Service Establishment(98,000-square-foot milk processing plant)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 deletion of Condition of Approval #1.A, with reinstatement as Condition of
Approval #5.B, being modified to state, "The applicant shall complete all proposed transportation
improvements (access drive, parking areas, etcetera), to the satisfaction of the Departments of
Planning Services and Public Works, or, enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements, and post adequate collateral for all required on-site
improvements. The agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners."; the deletion of Conditions of Approval #1.E,
#1.1, #1.J, #1.K, #1.L, and #1.O.3, with the necessary re-lettering and re-numeration; the
modification of the first sentence of Condition of Approval#1.O.9, to state, "The off-street parking
area, access drives, and loading areas shall be surfaced with Class One or Class Six road base,
or an equivalent material."; the modification of Conditions of Approval #2 and #3 to state "one
hundred and twenty (120) days", in the place of "thirty (30) days"; the modification of the title of
Condition of Approval#5 to become"Prior to the Release of Building Permits"; the modification of
Development Standard #4 for a total of 132 employees; the modification of Development
Standard #15 to state, "The facility shall utilize the Little Thompson Water District for adequate
water supply for the facility"; the modification of the first sentence of Development Standard #18
to state, "A building permit application must by completed for any new construction requiring a
building permit, and...", and the addition of the words"for any new building permits" to the end of
the second sentence of Development Standard #18; the deletion of Development Standard #25,
with the necessary re-numeration; and the deletion of the words"grasses and"from Development
Standard #28. The motion was seconded by Commissioner Garcia, and it carried unanimously.
There being no further discussion, the hearing was completed at 2:30 p.m. (Clerk's Note: Due to
deletion of the requirements regarding a Landscape and Screening Plan, Development
Standard#24,which states, "All landscaping on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.", was also deleted.)
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This Certification was approved on the 28th day of May, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
JI _ WELD COUNTY, COLORADO
ATTEST: 44
-';
°=l ' m H. Jerke, Chair
Weld County Clerk to the oar+ t
A /` Robert D. Masden, Pro-Tern BY: IM 7(2
Deputy Cleryto the Board
William F. Garcia
EXCUSED DATE OF APPROVAL
David E. Long
EXCUSED DATE OF APPROVAL
Douglas Rademacher
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EXHIBIT INVENTORY CONTROL SHEET
Case 2ndAmUSR #1405 - 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. Planning Staff Memo re: Items Prior to scheduling, E-mail
from Public Works, and Copy of Ditch
Agreement, dated 04/07/2008
F. Tetra Tech RMC Letter of Authorization for representation,
dated 04/08/2008 (Filed under Application)
G. Applicant Letters of Referral and responses re:
Stormwater pond and sewer services
H. Applicant Map of Proposed Expansion
Planning Staff E-mail re: Deletion of Development
Standard #24
J. Planning Staff Certification and photo of sign posting
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