HomeMy WebLinkAbout20071537.tiff HEARING CERTIFICATION
DOCKET NO. 2007-40
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 OF 4,500 CATTLE, INCLUDING
MILKING COWS AND DRY COWS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
BRAD AND scorr COCKROFT DAIRY, LLC
A public hearing was conducted on May 30, 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, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Health Department representative, Pam Smith
Public Works representative, Jesse Hein
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 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 of 4,500 cattle, including milking cows and dry cows) in the A(Agricultural)Zone District.
Bruce Barker, County Attorney, made this a matter of record. Chair Long advised the applicant's
representative, Dusty McCormick,AGPROfessionals,LLC,that he has the option of continuing this
matter to a date when the full 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. McCormick indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site and surrounding land uses. He stated thirteen
referral agencies reviewed the proposal,and ten responded favorably,or provided comments that
have been addressed in the Conditions of Approval and Development Standards. He further stated
the nearest residence is one-eighth of a mile east of the site,and the facility will be serviced by the
North Weld County Water District and a septic system. Mr. Gathman stated staff received three
letters of concern regarding traffic safety, dust, flies, and odor. He stated the applicant has
submitted the required Nuisance Management Plans,and Development Standards#15 through#21
address operation standards regarding the issues of dust, flies, odor, and pest and nuisance
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conditions. He further stated the Department of Public Works is recommending that County Road
59 be used as the haul route,as opposed to County Road 57,to minimize impacts to surrounding
residents, and Development Standard #10 addresses the requirement for applying dust
suppressant, if necessary.
Pam Smith, Department of Public Health and Environment, stated she did not review this case;
however,Trevor Jiricek, Department of Public Health and Environment,will be attending shortly.
Jesse Hein, Department of Public Works, stated the site is south of, and adjacent to, County
Road 72, and west of, and adjacent to County Road 59, which are both local gravel roads. He
stated the average daily traffic count for County Road 72 is approximately 35 vehicles,County Road
59 has an average dailytraffic count ranging from 88 to 135 vehicle trips per day,and the additional
truck trips from the dairywill require dust mitigation. He stated the primary access to the site is from
County Road 72,and there is a secondary access from County Road 59,which is the main access
for the dairy operations.
Mr. McCormick stated this application is fora total of 4,500 head of cattle,all of which will be milking
cows. He stated the necessary support animals will be kept at other locations, and the site has
been operating as a dairy since 1947. He stated the applicant also owns or leases an additional
1,800 acres in Weld County, and owns 750 acres contiguous to the subject dairy site.
Mr. McCormick stated the applicant is currently milking 3,300 head of cattle at the site, which is
located four miles east of the Town of Galeton. He stated the primary entrance for the dairy trucks
will be from County Road 59,approximately 1.5 miles north of Highway 392,and 1.5 miles south of
County Road 74,which are paved roadways. He stated there are other dairy and feeding operations
in the area,and the site is designed so all water will be contained within the two ponds, berms,and
settling basins. He stated the settling basins and a solids separator will be installed to increase the
management of odor, the ponds will be lined with a plastic liner, and captured waste water and
stormwater will be applied to the irrigated pastures around the dairy. Mr. McCormick clarified this
is an organic dairy, and once the cows are milked, they are released to graze in the surrounding
grass pastures. He stated lighting will not be an issue since the facility is located in the center of
the site,the majority of traffic will use County Road 57 and enter the site to utilize the scale house
and commodity sheds. He further stated manure will be stored in the center of the site,30 percent
of the manure will be used for compost, and the plastic bags located on the corner of the property
are used to store haylage. He stated by locating the buildings in the center of the site,the applicant
has been able to maintain the essential irrigated pastures required for an organic milk production.
Mr. McCormick stated the site is not within an Urban Growth Boundary,it is within the A(Agricultural)
Zone District,there are similar agricultural uses in the surrounding area,and there is proven support
for agricultural activities.
Trevor Jiricek,Department of Public Health and Environment,stated the applicant is in the process
of applying for a Stormwater Discharge Permit, and they have committed to complying with the
necessary State regulations prior to getting the formal permit. He stated the applicant has also
submitted the necessary Nuisance Control Plans.
Dave Casper, Anadarko Petroleum, stated they have filed a written protest until such time as a
Surface Use Agreement can be reached. He stated Anadarko has submitted a version to the
applicant and County Attorney for review,and he requested that final approval be based on finalizing
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the Agreement. Com m issioner Jerke commented that would result in a third-party veto. Mr.Casper
stated there are five drilling windows per quarter,Anadarko has submitted an agreement for review,
and they are still working with the applicant to ensure there are drilling windows to protect the
subsurface mineral rights.
Sharon and Jimmy Wolfrum,surrounding property owners,read the comments expressed in a letter
dated April 3, 2007, marked Exhibit 6.d. She stated their farm, home, and business are located
directly west of the dairy,and their primary issues of concern are:increased traffic,road conditions,
traffic speeds,an uncontrolled intersection at County Roads 57 and 72, trash, flies, and odor. In
addition to the concerns raised in the letter,Ms.Wolfrum also questioned whether the property has
adequate water rights to maintain the pastures to prevent overgrazing and blowing dust. She
inquired regarding the composting plan,who may be contacted if there are complaints,how many
cows are currently on the site,and why the facility was allowed to expand prior to obtaining approval
for a Use by Special Review permit. Ms.Wolfrum stated they own 80 acres where they operate a
small farm and machine shop,which is dependant upon other agricultural operations. She stated
they purchased their property in 1998 and enjoyed quiet, dark evenings; however, the dairy has
changed their lives because they now have to deal with lights and smells at night. She stated they
want to be good neighbors and expect the dairy to do the same.
Dave Blomquist,surrounding property owner,expressed concern with dust,traffic,odor,and flies.
He stated although he prefers cows to a subdivision, he wants to ensure the proposal does not
compromise the lifestyles of the existing residents. There being no further comments,Chair Long
closed public testimony.
Mr. McCormick stated the applicant does bring dry matter to the site to mix with the wet manure to
begin the composting process. He stated the applicant is committed to keeping the site clean,and
composting helps control flies by killing the larvae. He further stated the two stormwater ponds are
not conducive to mosquito breeding, and the solids are separated from the wastewater to reduce
flies. He stated the dairy parlor is serviced by a two-inch tap from the North Weld County Water
District,and the property has four shares of Windsor Reservoir,four shares of Laramie and Weld,
ten shares of Owl Creek Supply,and five shares of West Irrigation Company. He stated at the time
of the Planning Commission hearing,the shares of irrigation water had not yet been received,and
the water that was applied to the fields was only nutrient waste water. He stated the current and
future land applications will consist of a mixture of nutrient waste water and fresh water to help
reduce odor. He stated they have submitted a Nuisance Management Plan and a Nutrient
Management Plan, which have been approved by staff, addressing how and when they will land
apply. He further stated the applicant is also willing to coordinate the timing of waste applications
to reduce the impacts to the neighborhood. Mr. McCormick stated the site was able to operate with
almost 3,000 cows as a Use by Right,and the USR permit will allowfor a capacity of 4,500 animals.
In response to Commissioner Rademacher, Mr. McCormick stated there are currently six oil and
gas wells located within the irrigated pastures,and although it is impossible to drill in the center of
the site where the barns are located,the applicant is working with the oil and gas operator and the
permit should not be conditional upon a finalized agreement. He further stated the parties are
working together,and there are oil and gas operations on the site. Responding to Commissioner
Jerke, Mr. McCormick stated regardless of the listed number of water shares,he is uncertain of the
amount of acre feet allotted to the site for irrigation. Mr. Haren stated he does not have a specific
number of acre feet that serve the site; however, this is an organic dairy, and the applicant must
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have good pasture available for at least 120 days of the year to support the herd. He stated the site
has several different sources of water, and the water tap supplements the irrigation water with
several thousand gallons of water per day. He further stated the applicant will use crop selection,
rotation,and managed grazing to ensure the grass is available when the cattle need it. Responding
further to Commissioner Jerke, Mr. Haren indicated the locations of additional existing oil and gas
facilities, and stated there are also several potential drilling locations near the center of the site. He
stated the issue is not availability of locations,rather,the applicant is requesting that the oil and gas
operators not drill during the peak irrigation season when they are using the center pivot irrigation
sprinklers. He noted there are several sites that are being excavated and drilled right now,and there
are no limitations for access,with the exception of negotiations for directional drilling to the center
drilling site. He further stated the applicant is requesting the oil and gas operators make
accommodations for timing their drilling to the off-season when the pastures are not being irrigated.
In response to Chair Long, Mr. Hein stated the haul route is on County Road 59,so there will not be
a large increase in the amount of traffic using the uncontrolled intersection at County Road 57
and 72, where traffic counts do not warrant the need to install a Stop sign. Responding to
Commissioner Jerke, Mr. Hein stated the average daily traffic count on County Road 72 is
approximately 35 vehicles, and County Road 57 has an average daily traffic count of 50 to 70
vehicles. He stated because the main facility access is from County Road 59,additional traffic on
County Road 57 will be minimal. In response to Commissioner Garcia, Mr. Hein stated there is a
Stop sign at the intersection of County Roads 59 and 72. Responding to Commissioner
Rademacher, Mr. Hein stated a Stop sign is not required until the traffic counts average 300 to 400
vehicles per day.
Responding to Chair Long,Mr. McCormick stated he and the applicant have reviewed,and concur
with, the Conditions of Approval and Development Standards, with a few exceptions.
Mr. McCormick read a portion of the Road Maintenance Agreement for the record. He stated the
applicant is not opposed to applying dust suppressant; however,it would be helpful to have a limit
on the number of applications required so they can budget the funds. Mr. Hein stated it is difficult
to place a specific limit because dust suppressant needs to be applied after any grading,which is
dependant on road conditions. Mr. McCormick stated he is not familiar with the typical grading
pattern. Mr. Hein stated Public Works would be agreeable to limiting the amount of applications to
no more than once a month. Responding to Commissioner Rademacher, Mr. Hein stated a
standard road is typically graded twice a year,although,that can vary depending on traffic loads and
weather conditions.
Commissioner Jerke commented there appears to be a lot of uncertainty concerning this case,
therefore, he moved to continue 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(dairyfora total 4,500 cattle,including
milking cows and dry cows)in the A(Agricultural)Zone District,to July 11, 2007,at 10:00 a.m.,to
allow the applicant and staff adequate time to clarify some of the issues and questions raised by the
Board regarding a justified limit on the number of applications for dust suppressant,water quantity,
agreements with the appropriate oil and gas operators, and warrants for a Stop sign due to
increased truck traffic. Commissioner Garcia seconded the motion, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:50 a.m.
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This Certification was approved on the 4th day of June 2007.
APPROVED:
IS% BOARD OF COUNTY COMMISSIONERS
I-�A 4 ��EL OUNTY, COLORADO
atik ATTEST: I�E"' N , . , .. ^.W: � . e4
D._id E. Long, Chair
Weld County Clerk to the &hard'g
t„s i. VC 1amr ,yzern
BY: _ 4
William . arcia
TAPE #2007-15 EXCUSED
Robert D. Masden
DOCKET#2007-40 4 402$ Q. Q f
Douglas Rademacher
2007-1537
PL1896
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