HomeMy WebLinkAbout20071883.tiff HEARING CERTIFICATION
DOCKET NO. 2007-48
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1133 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (A DAIRY OPERATION WITH A TOTAL
OF 9,000 HEAD), AS WELL AS THE EXISTING PERMITTED ACCESSORY TO THE
FARM MOBILE HOMES (6 TOTAL), IN THE A (AGRICULTURAL) ZONE DISTRICT -
FAULKNER DAIRY II, LLC
A public hearing was conducted on June 27, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia - RECUSED
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 8, 2007,and duly published June 13, 2007, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Faulkner Dairy II,
LLC,fora Site Specific Development Plan and Amended Use by Special Review Permit#1133 for
an Agricultural Service Establishment, including a Livestock Confinement Operation (a dairy
operation with a total of 9,000 head),as well as the existing permitted Accessory to the Farm Mobile
Homes(6 total), in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a
matter of record. Commissioner Garcia stated he previously represented the applicant on an
unrelated matter; however, he feels it best to recuse himself from the proceedings. Mr. Barker
advised the applicant's representative,Cody Hollingsworth,that he has the option of continuing this
matter to a date when four members of the Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or the matter will be deemed denied.
Mr. Hollingsworth indicated he would like to proceed today.
Hannah Hippely, 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. She stated thirteen
referral agencies reviewed the proposal,and eleven responded favorably or provided comments that
have been addressed in the Conditions of Approval and Development Standards. She further stated
the mineral owner has submitted a letter of objection; however,their interests are addressed with
Condition of Approval#1.F. In response to Commissioner Jerke, Ms. Hippely stated a portion of the
site is an existing dairy,and the applicant is proposing to include the central portion of the site and
increase the number of animals.
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Trevor Jiricek, Department of Public Health and Environment, stated the request will increase the
number of animals from 2,500 to 9,000 head. He stated the applicant has agreed to obtain a
Discharge Perm it from the Colorado Department of Public Health and Environment,which requires
an engineer's review of all runoff and impoundments,and there is a Condition of Approval requiring
lined lagoons and the submittal of Nuisance Management Plans regarding flies, odor, and dust.
Responding to Commissioner Jerke, Mr. Jiricek stated, historically, this facility has not had local
complaints,although there may have been a State compliance issue that can be addressed by the
applicant.
Donald Carroll, Department of Public Works, stated County Road 51 is a paved collector status
road, which is the main access to the milking parlor. He stated most of the facility expansion will
be east of the drainage area,on the eastern half of the property. Mr. Carroll stated there are some
accesses from County Road 76, the on-site housing is located in the two southern corners of the
property,the on-site parking is adequate,and the applicant is proposing vertical pipe/crossbeams
in lieu of curb stops. He further stated the average daily traffic count on County Road 51 is
approximately 300 vehicles, and County Road 76 averages 80 to 90 vehicle trips per day.
Mr.Hollingsworth stated the dairywas inspected and a violation was issued due to the lack of some
paperwork that was required to be kept on the site. He stated the violation was corrected and the
matter was resolved through the State. He further stated the applicant has purchased additional
land and now owns 700 acres,they plan to consolidate all dairy operations to one location,and the
amendment request is to expand to a total of 9,000 animals. Mr. Hollingsworth displayed a vicinity
map showing the lands owned by the applicant,as well as the surrounding Confined Animal Feeding
Operations(CAFO)in the area. He stated the area does support agriculture and the proposed use
is compatible. He further stated the applicant is requesting to add dry lot pens,free stall barns,and
an additional parlor,along with the required ponds. He stated the application is consistent with the
Use by Special Review criteria,and the applicant has submitted Nutrient Management Plans and
Nuisance Control Plans that have been reviewed and approved by staff. In response to
Commissioner Rademacher, Mr. Hollingsworth stated there is an adequate water supply from the
North Weld County Water District.
Molly Sommerville Buchanan, Attorney, stated she represents Anadarko Land Corporation and
Anadarko E and P, which own all the minerals underlying the subject site. She referred to an
objection letter which was submitted on behalf of her clients, marked Exhibit 5, and stated the
objection is limited to the oil and gas interests; not the hard rock minerals. She stated the oil and
gas interests have been leased to United States Exploration, Inc.,and they have also filed with the
Colorado Oil and Gas Conservation Commission for drilling permits in five other locations, one of
which is on the subject property and may have been drilled since the submittal of the USR
application. Ms.Sommerville Buchanan requested the addition of a Condition of Approval requiring
an executed Surface Use Agreement. Commissioner Jerke commented that requirement would
grant veto power to a third party, and Weld County's intent is to have both the surface and mineral
estates work together and mutually benefit. He further stated the Board has historically required the
applicant to show the drilling windows on the plat. Ms.Sommerville Buchanan stated she is familiar
with the requirement,and noted they are almost always successful in coming to agreements with
the surface developers. Ms. Hippely stated Condition of Approval#1.F requests evidence of an
executed Surface Use Agreement,or that the applicant show drilling envelopes on the plat to satisfy
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evidence of an attempt to reach an agreement. Commissioner Masden commented the current
language should satisfy the needs of the mineral owner by either coming to an agreement or at least
showing the available drill windows. Ms. Sommerville Buchanan concurred. Commissioner
Masden commented the drilling windows are moveable or the parties can consider directional
drilling. There being no further comments, Commissioner Jerke closed public testimony.
Mr. Hollingsworth stated the applicant agrees with the language in Condition of Approval#1.F,and
they are working towards an executed agreement or they will show the required drilling windows.
He also requested Condition of Approval#4 be modified to allow 180 days to record the plat,and the
Board concurred. Mr. Hollingsworth also requested the deletion of Development Standard #15,
since it exceeds the State requirements. Mr.Jiricek stated this is a standard that has been on every
dairy operation for the past 15 years,starting with the Hirsch Dairy. He explained agricultural odors
are not regulated throughout the rest of the State,and odors are not controlled on Uses Allowed by
Right, it is only monitored on Use by Special Review Permits in Weld County. In response to
Commissioner Masden, Mr. Jiricek stated the existing dairy facility is subject to the odor
requirement. He stated staff has considered discussing the matter with the Board in a separate
work session,since it is exempt from the State regulations and it can pose a dilemma for staff from
an enforcement standpoint. CommissionerJerke commented odor may be a nuisance; however,
it is not a public health issue unless there are dust and particulate in the area. Mr. Jiricek agreed
and stated it is purely a nuisance issue. Commissioner Masden indicated removal of the language
would also pose a dilemma since the existing facility is subject to the requirement. Mr. Jiricek
proposed bringing the matter to the Board fora Work Session discussion separate from this hearing
process. Commissioner Jerke commented that would be more appropriate, since it will allow the
Board to deal with the legal and notification issues for the County as a whole versus this specific
location. In response to Commissioner Jerke, Mr. Hollingsworth stated he and the applicant have
reviewed,and concur with,the Conditions of Approval and Development Standards,as proposed
and modified.
Commissioner Rademacher moved to approve the request of Faulkner Dairy II, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1133 for an Agricultural
Service Establishment,including a Livestock Confinement Operation(a dairy operation with a total
of 9,000 head),as well as the existing permitted Accessory to the Farm Mobile Homes(6 total), 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 modifying Condition of Approval#4 to allow 180 days to record the
plat. The motion was seconded by Commissioner Masden, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:00 a.m.
2007-1883
PL0591
HEARING CERTIFICATION - FAULKNER DAIRY II, LLC (AMUSR#1133)
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This Certification was approved on the 2nd day of July 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�! WELD COUNTY, COLORADO
ATTEST:
� � ) XCUSED
/ ,/
vid E. Long, Chair
Weld County Clerk to the c)
BY. L41 illiam H. Jerke, Pro-Tern
D ty CI to the Bo.'r EXCUSED
Will F. Garcia
TAPE #2007-18 e1r-----r\
Robert D. Masden
DOCKET#2007-48
Douglas ademacher
2007-1883
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1133 - FAULKNER DAIRY II, 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 01/02/2007
and 05/01/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
F. Applicant PowerPoint Presentation
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