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Home My WebLink About20072145.tiff HEARING CERTIFICATION DOCKET NO. 2007-45.6 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1590 FOR AN AGRICULTURAL SERVICES ESTABLISHMENT, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (A CALF RAISING OPERATION FOR UP TO 5,000 HEAD) IN THE A(AGRICULTURAL) ZONE DISTRICT- CONTRERAS FARMS, INC. A public hearing was conducted on August 22, 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 Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker 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 June 1, 2007, and duly published June 6, 2007, in the Fort Lupton Press, a public hearing was conducted on June 20, 2007, to consider the request of Contreras Farms, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1590 for an Agricultural Services Establishment, including a Livestock Confinement Operation (a calf raising operation for up to 5,000 head) in the A (Agricultural) Zone District. At said hearing the Board deemed it advisable to continue the matter to July 25, 2007, when the applicant's representative could attend. A public hearing was conducted on July 25,2007,at which time the Board deemed it advisable to continue the matter to August 22, 2007,to allow time for the closing on the property to occur, and to allow the attorney handling the water issues to attend the hearing. On August 22, 2007, 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 applicant's residence is on the site, and two additional mobile homes for employees are proposed to be located on the site. He clarified the application materials were submitted to attempt to correct the violation presented before the Board on May 9, 2006. He stated if the matter is denied, the matter will be forwarded to the County Attorney's Office for legal action, with the instruction for to delay legal action for 60 days, in order to allow the applicant to bring the site into compliance. He stated the site is located north of County Road 78, and east of County Road 61. He further stated eight referral agencies reviewed the request, and six included comments which have been addressed within the Conditions of Approval and Development Standards. Mr.Gathman gave a brief description of the uses of the surrounding properties, and stated one letter was received from surrounding property owners Kathryn Luepschen and Ron Meek. The letter expressed concerns regarding monitoring operations, the effects of the well on the water supply, 2007-2145 n71 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 2 and impacts resulting from overgrazing of the animals, and requested the applicant be required to install a solid metal fence and plant material along the entire northern boundary of the site to minimize impacts to surrounding properties. He stated the applicant proposes to install shrubbery along the southern and western property boundaries, and a two-foot berm will be installed around the operations area. He further stated Condition of Approval#1.M.11 requires that the berm shall be removed;however, upon clarification from the Department of Public Works,the applicant is only proposing to enclose the operations area on the site with the berm, therefore, he recommended the deletion of Condition of Approval#1.M.11. Mr. Gathman stated the referral received from the Colorado Division of Water Resources indicates the operation is not considered to be an exempt land use, therefore, the use of the wells for the Confined Animal Feeding Operation (CAFO) will violate the existing well permits. The referral further indicated an augmentation plan will be required to offset the depletions caused by the pumping of wells utilized for the CAFO. He stated an Augmentation Agreement has been drafted between the Lower Poudre Augmentation Company, New Cache La Poudre Company, and the applicant. He further stated the modifications of the agreement will be presented for approval, and once approved, an application for a well permit will be filed with the Colorado Division of Water Resources,along with a Substitute Water Supply Plan. Mr. Gathman stated the Substitute Water Supply Plan will allow the use of well water pending the approval of the agreement,which may take up to two years. He stated Condition of Approval#1.L addresses the required documentation to be submitted. He provided photographs of the site and surrounding properties, and stated several modifications have been made to the retention area, including the location of the berm. In response to Chair Long, Mr. Gathman stated the berm on the site will be two feet in height and is not a part of the landscaping on the site. He further stated the applicant will provide landscaping along the perimeter of the property. Responding to Commissioner Masden, Mr. Gathman stated the site is comprised of approximately 150 acres,and is almost an entire quarter-section in size. In response to Commissioner Rademacher, Mr. Gathman stated the closest residence is located approximately one-quarter mile north of the operations on the site. He further stated the applicant is not required to provide screening along the northern boundary of the property; however, the applicant intends to provide screening along the western and southern boundaries of the property. Trevor Jiricek, Department of Public Health and Environment, stated the applicant is required to submit a Nuisance Control Plan, which will indicate how flies, odors, and dust will be managed on the site. He stated discharge permits for a CAFO are not required within the State of Colorado; however,the applicant has agreed to voluntarily obtain a permit. He clarified the permit will ensure proper engineering work has been completed on the property regarding stormwater drainage, and the proposed berm will help to control runoff on the site. In response to Commissioner Rademacher, Mr. Jiricek stated the two mobile homes to be placed on the site may share a septic system, if the system is reviewed by a Colorado registered engineer. Don Carroll, Department of Public Works, stated access to the site is on County Road 78, east of County Road 61, and the site is comprised of two parcels. He stated each parcel has an existing access, and the concerns regarding the berm on the site have been resolved. He further stated the site contains defined drainage, and the traffic is expected to increase by fourteen to thirty trips per day. He stated there is not a current traffic count; however, he believes the traffic count is less than 100 vehicle trips per day. 2007-2145 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 3 Patrick McNear, Scott Realty Company, represented the applicant and provided copies of an oversized plat map, marked Exhibit K. He stated the Augmentation Plan has been approved by the Lower Poudre Augmentation Company; however, signatures must be obtained from the Board of Directors at the next Board meeting. He stated the well permit application will be submitted to the State, and the alternative source will be in place within approximately one month. He clarified the site is currently in violation for exceeding the number of animal units allowed per acre, and the operation currently serves as the primary residence for the Contreras family, and a family-owned calf raising business occurs on the site as well. He stated the facility is utilized to raise calves to a weaned weight of 300 pounds, at which time the calves are sold as feeder calves. Mr. McNear stated the dairy industry has evolved into the utilization of large commercial dairies,with an average of 3,000 head of cattle, and calves are often considered as a byproduct of a dairy rather than a profit center. He stated the facility is located within close proximity of three existing large dairies, and one dairy, which will be begin operations in 2008, will be located directly to the south of the site. He further stated the surrounding dairies have a need to dispose of colostrum milk, which is pasteurized and consumed by the calves on the site until the calves are able to digest hay and grain. He stated the applicant has researched the surrounding area for alternative sites for the relocation of the facility, and he has also researched the alternative sources of water supply. He further stated the current site and proposed water source are the most feasible for continuation of the calf-raising operation. Mr. McNear stated the applicant has completed the purchase of the 80-acre parcel adjacent to east of the existing property, and a majority of the expansion will be located on the new 80-acre parcel, as well as the commercial water well. He stated the uses on the site are in compliance with the intent of the A (Agricultural) Zone District, and the applicant has agreed to meet all operational standards. He clarified the confinement of runoff is designed for full compliance through the utilization of lined pits and discharge permit requirements. He stated the drainage on the site will be restricted to the portions of land utilized for animal production and feed and manure storage. He clarified the manure produced on the site is not typical and is utilized as a bedding type material since it contains less contaminants. He stated the detention ponds have been relocated away from the neighboring properties, and have been reduced in size to accommodate the smaller area for drainage. He further stated a North Weld County Water District supply line exists within the surrounding area; however, it is located approximately three miles from the applicant's property. He clarified through discussions between a surrounding property owner and the Water District, he has been notified the water line will be extended within the year 2008; however, extension of the line is not economically feasible for the applicant at this time. He stated a representative of the Division of Water Resources informed him that the applicant could apply for a commercial exempt well permit, which is similar to a residential exempt well permit; however, less than a fifty percent chance of approval existed for the permit. He further clarified he was notified the existing domestic well utilized on the property had been permitted for the entire 80-acre parcel. He stated the plan to provide domestic water has been amended to include a permit for a commercial use well, in compliance with the required regulations. He explained the process requires recharge of the aquifer to allow the capture of groundwater at a specific point, and the well water to be dedicated to the plan has been purchased by the applicant at a cost of $38,000.00. He clarified the 18-acre-feet of water will be reduced to a consumptive use of 9-acre-feet,and one-half of the water is utilized by the Water District for discharge back into the system to replenish aquifers. He stated 2007-2145 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 4 the existing domestic well on the property will have no effect on the commercial well, and the well has been re-permitted for an area of 35 acres. Mr. McNear stated the commercial well will be located within the aquifer area, and a Surface Use Agreement has been executed with Petro-Canada Resources to aid in the development of future oil production on the site. He summarized the applicant intends to fully comply with all requirements and regulations and will bring the property into compliance with drainage requirements as the operation expands. He reiterated the use on the site is compatible with surrounding current and future uses, and the applicant will continue to operate as a good neighbor. Gail Jackson, surrounding property owner, expressed her concerns regarding due process within Weld County, and she feels the Board has looked the other way for the past year while the Contreras property has been in violation. Commissioner Jerke requested that Ms.Jackson provide comments related to the application and stated he feels insulted that Ms. Jackson believes he has already made a decision regarding the matter since the matter has not even been fully reviewed. Chair Long instructed Ms. Jackson to limit her comments to her concerns with the application. Ms. Jackson stated she does not understand why the applicant has been allowed to expand the operation without prior approval. In response, Chair Long explained the applicant was notified of the violation on the property due to the size of the operation not being in full compliance. He stated the Board has not ignored the violation; rather, this application was submitted as a part of the due process afforded to all landowners to remedy the violation status on the property. He reiterated the comments expressed at the hearing today must be limited to the support or opposition of the matter. Ms.Jackson expressed her concerns regarding environmental damage, especially concerning the groundwater supply and damage to domestic wells. She stated she is aware that the applicant has been through serious ongoing financial problems, and she is concerned about the lack of protections in place to correct future problems. She stated the overabundance of operations within the vicinity will not be beneficial to future generations, and she believes the site will turn into a cesspool. She clarified too many people are relocating to the area and big business, even though agricultural in nature, is not the best use for the property. She stated urbanization is coming to the surrounding area, and the population is expected to double within the next fifteen years. She further stated the oil and gas operations are impacting the surrounding area and she believes the operations are not properly monitored, especially in regards to pollution. She stated there are too many feedlots within the surrounding area, and the smell is unbearable. She expressed her concerns regarding the applicant's ability to provide the necessary improvements for the impacted infrastructure. In response to Ms. Jackson's claim that County Road 63 is a private road, Mr. Carroll clarified County Road 63 is a Section Line right-of-way. Responding to Commissioner Masden, Ms. Jackson stated she has owned her property for more than a decade, and the depth of her water well is 300 feet. Further responding to Commissioner Masden, Mr. Jiricek stated he would not be able to predict how the well water will be affected by this proposal. He clarified any stormwater which comes into contact with manure must be contained on the property, and will be captured within a lagoon with an engineered lining. He stated a specific process exists as to the cleaning of the lagoon, and regulations prohibit surface infiltration of the well water. He further clarified the stormwater management practices on the site 2007-2145 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 5 are designed to minimize discharge from the facility. Ms. Jackson stated she also has a livestock well, and she will be cautious to monitor the water on both of her wells. Commissioner Masden stated the regulations ensure the applicant will not pollute the groundwater. Ms. Jackson further expressed her concerns regarding the potential for major floods on her property in the event of a severe rainstorm. Jerry Jackson, surrounding property owner, expressed his concerns regarding environmental impacts, including drainage, and the refuge dumped by sewer plants. He clarified he does not object to the number of animals on the site; however, his concerns regard the impact of the expansion of the facility. He stated he has concerns regarding the amount of water runoff after storms,and the applicant knew he had too many cows on the property when they were first brought to the property over two years ago. He further stated he understands approval of the application is the solution to the problem; however, he does not support approval of the expansion. He requested the Board only approve what is currently allowed as a Use by Right on the property. Beau Fritz, Petro-Canada Resources, stated a Surface Use Agreement has been approved, and it preserves five drilling locations. Responding to Commissioner Rademacher, Mr. Fritz stated the drilling windows have been located on the plat. There being no further comments, Chair Long closed public testimony. Mr. McNear stated he personally moved into rural Weld County over 24 years ago, and he agrees that many changes have occurred within rural areas in the past years. He stated a majority of the damage to groundwater and surrounding properties is created by facilities which are not property regulated. He clarified the application is required to comply with all regulations and will be regularly monitored to ensure compliance. He stated the applicant has a right to place 500 cows on his property; however, at that size, he does not have to adhere to strict regulations. He further clarified the facilities which are not regulated produce the most damage. Mr. McNear stated one of his neighbors operates a 3,500-head dairy and he has never had to call in a complaint, since his neighbor complies with the regulations to provide a clean operation. He stated a regulated facility contains safeguards to protect the surrounding property owners. In response to Chair Long, Mr. Gathman stated the revised plan submitted by the applicant has addressed the berm issue within Condition of Approval #1.M.11, and he reiterated his recommendation of deletion. The Board concurred with Mr. Gathman's request. Responding to Chair Long, Mr. McNear requested the hours of operation listed within Development Standard#10 be modified to state 7:00 a.m. to 7:00 p.m., daily. Commissioner Rademacher stated he does not believe operation should contain restricted hours of operation,and CommissionerJerke concurred. Mr. Gathman explained the stated hours were included as a part of the application materials. The Board concurred with the request to delete Development Standard#10. In response to Chair Long, Mr. McNear stated he, and the applicant, have reviewed, and concur with the Conditions of Approval and Development Standards as amended. Commissioner Rademacher stated the application is consistent with the intent of the A(Agricultural) Zone District, and it will be compatible with future uses, therefore, he supports approval of the application. 2007-2145 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 6 Chair Long expressed his support for the application,and stated Mr. McNear provided great insight regarding a Use by Right on the property being potentially more detrimental than a regulated facility. He stated the applicant has volunteered to comply with CAFO regulations,and he believes the operation will be kept cleaner than a Use Allowed by Right on the property. He further stated he is bothered by the perceived thought of"the rules have changed" presented today and clarified the rules have been consistent; however, understanding and information of what is available to landowners is constantly updated. He stated the education and understanding of the existing rules and the application of the rules is constantly being enhanced. Commissioner Masden concurred with Chair Long and stated he understands the facility is an agricultural endeavor and the applicant has agreed to meet the required regulations. He stated approval of the application actually allows the County to provide more regulation. He stated Weld County is primarily an agricultural area, and needs to continue to provide agriculture for present and future residents. Commissioner Garcia concurred with the opinions expressed by members of the Board and stated a surrounding property owner to the north submitted a letter containing concerns regarding screening on the site. He clarified the surrounding property is uphill from the operation, and screening around the site will not provide a protective view. He stated he supports the application. Commissioner Jerke moved to approve the request of Contreras Farms, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1590 for an Agricultural Services Establishment, including a Livestock Confinement Operation (a calf raising operation for up to 5,000 head) in the A(Agricultural)Zone District, based on the recommendations of Planning staff and the Planning Commission, and the finding that the application is in compliance with Sections 23-2-230.B.1 through 23-2-230.6.7, of the Weld County Code, with the Conditions of Approval and Development Standards as entered into the record. His motion included the deletion of Condition of Approval#1.M.11 and Development Standard#10,with the required renumeration. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. 2007-2145 PL1901 HEARING CERTIFICATION - CONTRERAS FARMS, INC. (USR#1590) PAGE 7 This Certification was approved on the 27th day of August 2007. donsia�` APPROVED: W BOARD OF COUNTY COMMISSIONERS , ”,1,6al WE COall UNTY, COLORADO ATTEST: �/�I, • ..�i:-iw�` � A�� -� fr David E. Long, Chair Weld County Clerk to the1.��,c' �� EXCUSED DAT APPROVAL C'eCIN William ere, P o- BY: ` J c De ty CIe I4 t /o the Board - � W m F Garcia TAPE#2007-24 J c/� b. V�`1� Robert D. Masden DOCKET#2007-45.6 Q ouglas ademacher 2007-2145 PL1901 EXHIBIT INVENTORY CONTROL SHEET Case USR#1590 - CONTRERAS FARMS, INC. 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 01/02/2007, 02/06/2007, 04/03/2007, and 05/01/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Patrick McNear Letter requesting Continuance, dated 06/08/2007 F. Planning Staff Certification and Photo of sign posting G. Kathryn Luepschen and Ron Meek E-mail of Opposition, dated 06/12/2007 H. Patrick McNear E-Mail requesting continuance, dated 07/24/07 I. Planning Staff Certification and Photo of sign posting J. Kim Lawrence Letter re: Well Augmentation, dated 08/21/2007 K. Applicant Oversized site map L. M. N. O. P. Q. R. S. T. U. A cJ PCo r re . ri 1 'A Ct � � \Q we \) _ %4-; � � � � ki'tZ � ...,_ 1k \-> c2V G 0 4 `+ - ,4, 2 v � a � 414� � z J A Q \ 1 �' ,'• �Tl O a s fl- 1� ' v j .� o - - t� re N m u t; in s O h ; /— a 4 m y 9 C �S % d � Cn CI C � 3 x d 5 V a N � � r � � � z { F Q va N r \,. ; co \ rO 3 3 SOj1/4. c- I \ i- o aJ m o co 3 v\ — �` Q o 2aCe a z° ^\ � pa � N% k Q° o m , N IMF N V c o N 8 co 9 .f- °r• ` - © C is ° m ' 'J w Lin o d a (I•N'1 co slid E F go. J c n ES O 1° F T ' `' 1 c/ . 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