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Home My WebLink About20071539.tiff HEARING CERTIFICATION DOCKET NO. 2007-40.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1602 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (DAIRY FOR A TOTAL 4,500 CATTLE, INCLUDING MILKING COWS AND DRY COWS) IN THE A (AGRICULTURAL) ZONE DISTRICT - BRAD AND SCOTT COCKROFT DAIRY, LLC A public hearing was conducted on July 11, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated May 11, 2007, and duly published May 16, 2007, in the Fort Lupton Press, a public hearing was conducted on May 30, 2007, to consider the request of Brad and Scott Cockroft Dairy, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1602 for an Agricultural Service Establishment,including a Livestock Confinement Operation(dairy for a total 4,500 cattle, including milking cows and dry cows)in the A(Agricultural) Zone District. At said hearing, the Board deemed it advisable to continue the matter to July 11, 2007,at which time Cyndy Giauque,Assistant CountyAttorney,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 matter was continued from May 30,2007,due to the need for clarification of four items, including necessary additional information regarding water consumption for the dairy and pasture;concerns regarding traffic at the intersection of County Roads 57 and 72;the need to address dust abatement concerns; and a finalized oil and gas Surface Use Agreement. He further stated he has been in contact with the applicant's representative,and he is not aware of a finalized agreement at this point; however, the applicant's attorney has been working with the oil and gas company to resolve the matter. Mr.Gathman stated the applicant intends to give clarification regarding the water situation, and Don Carroll, Department of Public Works, will provide an update regarding the traffic situation at the intersection of County Roads 57 and 72. Trevor Jiricek, Department of Public Health and Environment,stated the Department has no current concerns, and the permitting process for the dairy was explained in detail at the previous hearing. 2007-1539 PL189 /Pi(10 O7 HEARING CERTIFICATION - BRAD AND SCOTT COCKROFT DAIRY, LLC (USR #1602) PAGE 2 Mr. Carroll stated a memorandum was provided by Scot Lewis, Senior Traffic Engineer, marked Exhibit F, explaining he evaluated the intersection of County Roads 57 and 72, which is an uncontrolled intersection. He stated Mr. Lewis has made the determination that a Stop sign is not warranted at the intersection at this point. In response to Chair Long, Mr. Carroll stated Mr. Lewis will continue to monitor the traffic at the intersection and will collect another traffic count at a later date to determine if a Stop sign will be warranted in the future. He further stated the applicant has agreed to provide dust suppressant on the haul route a minimum of twice per year, or as needed, but not to exceed five times per year. Responding to Chair Long, Mr. Carroll stated the applicant will be required to provide dust suppression for 300 feet in front of each residence,for a total of three residences. Dusty McCormick,AGPROfessionals, LLC, represented the applicant and stated the applicant is in total agreement with requirements described by Mr.Carroll. He stated the applicants would prefer a Stop sign to be placed at the intersection of County Roads 57 and 72,and the applicants are also willing to incur the costs for the placement of the Stop sign. Chair Long explained the Department of Public Works has determined that a Stop sign is not warranted, and the County must try to be consistent and provide contiguity for traffic issues. Mr. McCormick stated the oil and gas Surface Use Agreement is in the final stages of negotiations,and the applicant's attorney has made revisions to the agreement, which are being reviewed by the appropriate company. He further stated Condition of Approval#1.G states that the Surface Use Agreement must be finalized,or proof that a reasonable effort has been made, before the plat may be recorded. Mr. McCormick stated the applicants own approximately 224 acre feet of water through the Windsor Reservoir and the North Larimer and Weld Irrigation Ditch Company,and Owl Creek is the lateral ditch which supplies the facility. He stated the applicants intend to add 94 acre feet of water for the parlor at the dairy, therefore, a total of 317 acre feet of water will be owned or produced on the site by the applicants. He further stated the applicants also own 450 irrigated acres,and have the ability to rent additional water shares or relocate water from another farm to facilitate viable farming operations. In response to Chair Long, Mr. McCormick stated the applicant's attorney has re-written the Surface Use Agreement to be favorable for both parties. Chair Long advised that the public input portion of the hearing will only be open for comments relating to traffic at the intersection of County Roads 57 and 72, dust abatement,water usage,and the Surface Use Agreement. Dan Casper,Anadarko Petroleum,stated the revised agreement was received from the applicant's attorney two days ago, therefore, the company needs additional time to review the proposed agreement to work out a finalized agreement. He stated the company's objection continues until the finalized agreement is signed; however, it is the company's intention to work towards a finalized agreement. In response to Commissioner Rademacher, Mr. Casper stated approximately two to three weeks will be sufficient to review the agreement and provide the proper finalization. Chair Long clarified the language in Condition of Approval#1.G states the applicant may provide evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners,therefore, the applicant is not bound to have an actual finalized agreement. 2007-1539 PL1896 HEARING CERTIFICATION - BRAD AND SCOTT COCKROFT DAIRY, LLC (USR #1602) PAGE 3 Sharon Wolfrum,surrounding property owner,clarified she is not in opposition to the proposed dairy, and she recognizes the dairy is an agricultural endeavor, which she supports the continuation of. She stated she has specific concerns regarding the placement of a Stop sign at the intersection of County Roads 57 and 72, since an issue of traffic safety exists. She stated she was present at the Planning Commission hearing to express concerns regarding the uncontrolled intersection,and she was informed that a traffic study would be completed, and that a Stop sign would most likely be placed at the intersection. She further stated no traffic study had been completed before the hearing before the Board on May 30,2007,at which time a staff member of the Department of Public Works indicated the traffic levels at the intersection were not large enough to warrant a Stop sign. She stated she believed a traffic study was never conducted at the intersection,therefore,she contacted the Department of Planning Services on July 3, 2007, to inquire about the situation, and she was transferred to the Department of Public Works. She further stated she spoke with Mr. Carroll on July 5,2007,and was referred to Mr. Lewis,for whom she left a detailed phone message regarding her questions. Ms. Wolfrum stated she received a call back from Mr. Lewis on July 9, 2007, and he indicated a traffic study had not been completed at the intersection. She stated she questioned what actions would be taken to make the intersection safer since the traffic has dramatically increased within the immediate vicinity, and Mr. Lewis responded that a traffic study would be completed and the intersection would be evaluated. She further stated the traffic counters appeared on County Road 72 on July 9, 2007; however, none were placed on County Road 57,which does not give the appropriate results for traffic traveling through the intersection. Ms.Wolfrum stated she contacted Mr. Lewis again on July 10, 2007, and was informed that a Stop sign placed at the intersection would not improve the safety of the area and no records of traffic accidents at the intersection had been recorded, therefore, a Stop sign would most likely not be placed at the intersection. Ms. Wolfrum clarified the dairy on the property has only been in existence for ten months, and the traffic increase due to operations at the dairy has been tremendous. She stated the traffic associated with oil and gas operations is also very heavy,therefore, the intersection has recently experienced a large transformation of traffic counts. She further stated the application states all dairy traffic will utilize County Road 59; however, County Road 59 is a winding road, and she believes most traffic will try to avoid the road. She stated she would like safety enhancements to be completed at the intersections within the immediate area, and the intersection of County Roads 59 and 72 is the only uncontrolled intersection in the vicinity of the dairy. Ms. Wolfrum clarified she is concerned for the safety of her family and her neighbors,and she would like to avoid future tragic accidents at the intersection. She stated she believes her previous requests have been brushed aside. Chair Long expressed his appreciation to Ms.Wolfrum for her detailed concerns. There being no further discussion, Chair Long closed the public input portion of the hearing. Chair Long requested a detailed traffic study be completed to address the concerns represented, since it seems that a thorough study of the entire intersection was not completed. In response to Chair Long, Mr. Carroll stated Mr. Lewis is away on other County business,therefore, he could not be present at the hearing today. He stated he offered a study of the intersection following the Planning Commission hearing,and he is not sure of the follow-up procedures provided by Mr. Lewis. He further stated Mr. Lewis did draft a memo to the Board indicating he will continue to monitor the area. Mr.Carroll stated he will pass along the request to provide additional study of the intersection. Chair Long expressed his preference to have a full study completed at the intersection, and requested the haul route be further studied. He stated it is never the intention of County staff to wait 2007-1539 PL1896 HEARING CERTIFICATION - BRAD AND SCOTT COCKROFT DAIRY, LLC (USR #1602) PAGE 4 for a serious accident or fatality to occur in order to provide a safety precaution. Commissioner Rademacher concurred with Chair Long and stated a full traffic study should be completed on County Road 72. He further stated if the criteria requiring the placement of a Stop sign has not been met, a Stop sign should not be erected. He stated the placement of a traffic control device often increases the frequency of traffic accidents; however, if a Stop sign is determined to be warranted upon further review, a Stop sign should be placed at the intersection. Mr. Carroll stated the heavy truck traffic will utilize County Road 59 to help alleviate dust concerns. Chair Long reiterated the traffic concerns will be addressed through further study of the intersection. Commissioner Jerke questioned whether the applicant should hire an independent traffic consultant. Chair Long stated based upon the earlier testimony provided by Ms.Wolfrum,the Department of Public Works should provide documentation of detailed study of the intersection. Commissioner Rademacher concurred and stated the additional review should be done quickly. Mr. McCormick stated the applicant is sympathetic to the concerns of the surrounding property owners, and expressed the possibility that a Yield sign might be appropriate at the intersection. Chair Long stated strict research criteria governs the requirements for placement of traffic signals, and the Board will defer to the Department of Public Works for recommendation. Mr. McCormick stated the applicant does not object to any of the Conditions of Approval and Development Standards. Mr.Gathman requested the second sentence of Development Standard#10 be modified to reflect the language agreed upon by the applicant through the Improvements Agreement, stating "Dust suppressant shall be applied no less than twice a year, or more often as determined by the Weld County Department of Public Works Motor Grader Supervisor, not to exceed five times per year." Mr.Carroll indicated the Department of Public Works concurs with the modification, and the Board concurred with the request. In response to Chair Long, Mr. McCormick indicated the applicant concurs with the proposed modification. Commissioner Jerke stated he believes the matter is not ready to move forward, since the Department of Public Works is going to provide further study of the intersection, and a finalized agreement regarding oil and gas operations has not been completed. He stated he is not comfortable making a decision today. Chair Long stated he believes the applicant has provided due diligence and has been working to remedy the concerns presented regarding this proposal. He stated the applicant has met the criteria for the oil and gas operations, since they have made an adequate attempt to address the concerns of the oil and gas company. He further stated the traffic safety concerns regarding the placement of a Stop sign are a separate issue from the approval of the dairy, and he is ready to proceed today. Commissioner Rademacher stated he believes the applicant has met the requirements, and he is comfortable that the Surface Use Agreement will be finalized. He stated he is confident the Department of Public Works will handle the situation regarding the intersection issues, and he is ready to proceed today. 2007-1539 PL1896 HEARING CERTIFICATION - BRAD AND SCOTT COCKROFT DAIRY, LLC (USR#1602) PAGE 5 Commissioner Garcia stated the traffic issues and the oil and gas agreement are separate issues. He stated the traffic study can be completed,and the application is not contingent upon the findings of the study. He further requested to be notified of the updates and results concerning the traffic study. He stated most oil and gas issues are resolved before the Board considers approval of an applicant and questioned whether the plat would be prevented from being recorded if the Surface Use Agreement were not to be finalized. In response, Mr.Gathman stated if a finalized agreement is not met, Planning staff would notify the Board that the Condition has not been rectified. Commissioner Garcia stated he had hoped the Surface Use Agreement would have been finalized by today's hearing, and it is a bit troubling that Anadarko did not receive a draft back from the applicant until several days ago. He further stated he does believe that the applicant has made a reasonable effort, and he is comfortable moving forward today. Commissioner Rademacher moved to approve the request of Brad and ScottCockroft Dairy,LLC, for a Site Specific Development Plan and Use by Special Review Permit#1602 for an Agricultural Service Establishment, including a Livestock Confinement Operation(dairy for a total 4,500 cattle, including milking cows and dry cows) 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. His motion included the previously described modification to Development Standard#10. The motion was seconded by Commissioner Garcia, and upon request for a roll call vote, the motion carried three to one, with Commissioner Jerke opposed. There being no further discussion, the hearing was completed at 10:30 a.m. This Certification was approved on the 16th day of July 2007. APPROVED: E ♦ BOARD OF COUNTY COMMISSIONERS itCli El. 0 COUNTY, COLORADO ATTEST: ° aellj 2!�ql C-- , *:F ; id E. Long, Chair Weld County Clerk to the Board r %� William H. Jerke, Pro' BY: D [lig I614_ e Cler o the Board -Tem EXCUSED DATE OF APPROVAL William F. Garcia TAPE #2007-19 EXCUSED Robert D. Masden DOCKET#2007-40.A �_ uglas ,ademacher ) 2007-1539 PL1896 EXHIBIT INVENTORY CONTROL SHEET Case USR#1602 - BRAD AND SCOTT COCKROFT DAIRY, LLC 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 04/03/2007) D. Clerk to the Board Notice of Hearing E. 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