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Home My WebLink About20071230.tiff HEARING CERTIFICATION DOCKET NO. 2007-33 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1595 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A LIVESTOCK CONFINEMENT OPERATION(DAIRY OPERATION FOR A TOTAL OF 10,000 HEAD OF CATTLE,INCLUDING MILKING COWS, DRY COWS, HEIFERS,AND CALVES)IN THE A (AGRICULTURAL)ZONE DISTRICT - GARRETT AND CARLA DE VRIES FAMILY TRUST A public hearing was conducted on May 16, 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, Troy Swain Public Works representative, Jesse Hein The following business was transacted: I hereby certify that pursuant to a notice dated April 27,2007,and duly published May 2,2007, in the Fort Lupton Press,a public hearing was conducted to consider the request of Garrett and Carla De Vries Family Trust for a Site Specific Development Plan and Use by Special Review Permit#1595 for an Agricultural Service Establishment, including a Livestock Confinement Operation (dairy operation for a total of 10,000 head of cattle, including milking cows,dry cows, heifers, and calves) 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 location of the site is east of County Road 61 and south of County Road 64, and current improvements exist on the site, which were constructed in the past two years. He stated the site is surrounded by property in the A (Agricultural) Zone District, and the nearest single family residences are located one-quarter mile to the north, and one-half mile to the west of the site. He further stated fourteen referral agencies reviewed the proposal and ten agencies provided comments which have been included in the Conditions of Approval and Development Standards. He stated the facility will utilize water from the North Weld County Water District, and no letters of support or concern have been received from surrounding property owners. Mr.Gathman stated the site will be limited to a total of 5,000 milking cattle of the overall total of 10,000 head of cattle. He requested the language in Condition of Approval#1.H.10 be modified to state,"The two westernmost agricultural accesses off of County Road 64..." He further requested the language in Condition of Approval #5.A.4 be modified to state, "The remaining accesses on County Road 64 (with the exception of the existing residential and oil and gas accesses north of the agricultural/equipment 2007-1230 (ir PL, HL PL1891 HEARING CERTIFICATION - GARRETT AND CARLA DE VRIES FAMILY TRUST (USR #1595) PAGE 2 shop)shall be removed." He stated a representative from Anadarko is present, and the applicant has presented a draft agreement regarding the oil and gas activities on the site; however, it is not a finalized version. In response to Commissioner Masden, Mr. Gathman stated the total number of milking cows must be limited due to restrictions on the amount of storage on the site. Mr. Gathman displayed photographs of the site, and responding to Commissioner Masden, he stated the site is approximately 160 acres in size. Troy Swain, Department of Public Health and Environment,requested Development Standard#32 be deleted, as it is a duplication of Development Standard#26, and the Board concurred with the deletion. In response to Commissioner Masden, Mr. Swain the number of animals to be milked determines how much wastewater and stormwaterwill need to be processed. He stated there are limitations on the storage area needed for water during times that the applicant cannot land apply, therefore,the design the applicant submitted can only handle 5,000 milking cattle. He further stated to increase the capacity to 10,000 milking cows,the applicant would need to increase storage area for water, which would require more land. Jesse Hein, Department of Public Works, stated the site is located south of County Road 64 and east of County Road 61, and both are local gravel roads maintained by Weld County. He stated there are currently multiple accesses to the site, including a residential access, primary and secondary accesses to the dairy, and an oil and gas operations access. He further stated staff requested the applicant relocate the primary access to the dairy to the south, due to the access being located to close to the intersection of the roads, and the applicant has concurred with the request. He stated the residential access on County Road 64 will remain, and the manager of the dairy lives in the residence. Mr. Hein stated a sight distance issue exists due to a grove of trees, and the applicant will remove the trees. He stated the parking and circulation on the site are acceptable, and the applicant will need to provide wheel guards or curb stops for the parking spaces. Dusty McCormick,AGPROfessionals, LLC, represented the applicant and displayed a PowerPoint Presentation, marked Exhibit G,which he reviewed for the record. He noted a total of 5,000 milking cows is the average size for a modern dairy,and comparable dairy facilities within the area include the Longs Peak Dairy and the Great Western Dairy. He clarified the De Vries Family owns a total of 750 acres; however, the Use by Special Review area is currently utilizing 122 acres. Mr. McCormick reviewed the Weld County Code criteria for approval,the soils on the site, and the provisions for the health, safety,and welfare of area residents. He explained all precipitation on the site is collected and contained in two ponds located on the site, which are lined with plastic, and have a capacity of 41 acre feet of water,which equates to four months worth of storage. He clarified a system has been designed to keep solids from entering the ponds through a separator, and the facility will produce 44,000 tons of manure. He stated the facility will utilize water from the North Weld County Water District, and a septic system, shared by the milking parlor and the office, will handle the effluent flow. Mr. McCormick reviewed the nuisance controls, lighting requirements, traffic concerns, and gave a brief explanation of the access modifications to be completed on the site. He stated he believes that dairies belong in the A(Agricultural)Zone District,and the applicant will work to comply with the Development Standards which provide requirements for the health, safety, and welfare of area residents. 2007-1230 PL1S91 HEARING CERTIFICATION - GARRETT AND CARLA DE VRIES FAMILY TRUST (USR #1595) PAGE 3 In response to Commissioner Rademacher, Garrett De Vries, applicant, stated a majority of the manure generated on the site will be composted. In response to Commissioner Masden, Mr. De Vries reiterated approximately 760 acres are owned by the family, and approximately 600 acres will be planted for corn and silage requirements for the dairy. No public testimony was offered concerning this matter. Responding to Chair Long, Mr. McCormick stated he and the applicant have reviewed,and concur with, the Conditions of Approval and Development Standards, as proposed and modified. Mr.Gathman requested Development Standard#1 be modified to remove the designation of 5,000 milking cows,so that the language matches the language listed in the title of the Resolution,and the Board concurred with the modification. He further requested the previously mentioned modifications for Conditions of Approval#1.H.10 and#5.A.4 be implemented, and the Board concurred with the modifications. Mr. McCormick indicated he and the applicant concur with the modifications. In response to Commissioner Rademacher, Mr. MrCormick stated the applicant's attorney has been working with Anadarko,and additional paperwork has been submitted to the company regarding the Surface Use Agreement. He further stated an existing tank battery and gas well on the site have been incorporated into the design of the facility. Further responding to Commissioner Rademacher, Mr. McCormick stated additional rights for additional wells will be addressed in the finalized agreement. Commissioner Masden moved to approve the request of Garrett and Carla De Vries Family Trust for a Site Specific Development Plan and Use by Special Review Permit#1595 for an Agricultural Service Establishment, Including a Livestock Confinement Operation(dairy operation for a total of 10,000 head of cattle, including milking cows,dry cows, heifers, and calves)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 deletion of Development Standard #32, with subsequent renumbering, and the modifications to Conditions of Approval #1.H.10 and #5.A.4, and Development Standard #1, as previously described. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. 2007-1230 PL1891 HEARING CERTIFICATION - GARRETT AND CARLA DE VRIES FAMILY TRUST (USR #1595) PAGE 4 This Certification was approved on the 21st day of May 2007. APPROVED: E�aBO COMMISSIONERS ELD UNTY CO)<9RA ATTEST: gal/1 `� '' � X V IttL y id E. Long, Chair Weld County Clerk to the B.- _ : r • t pp ^i `1`, k �ti;�,��Wl li�m��j ro-Tem mDe Cle to the Board Wi 'am F. Ga cia TAPE #2007-14 Ur_ Robert D. Masden DOCKET#2007-33 � n n �g(o.S. k` OKtvvtoc�t..w— Douglas Rademacher) 2007-1230 PL1891 EXHIBIT INVENTORY CONTROL SHEET Case USR #1595 - GARRETT AND CARLA DE VRIES 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 02/06/2007) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Items Prior to Scheduling and supporting documents, dated 04/10/2007 F. 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