HomeMy WebLinkAbout20071329.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1602
APPLICANT: Cockroft Dairy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of AmRE-178; Section 11,T6N, R64W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing
agriculture, animal husbandry,or horticultural service on a fee or
contract basis including Livestock Confinement Operations (a dairy
operation for a total of 4500 cattle including milking cow and dry cows)
in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 72;west of and adjacent to CR 59; north
of and adjacent to CR 70 and east of and adjacent to CR 57.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Weld County Planning Commission that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-2-60 A.Policy 1.3 states
"Allow commercial and industrial uses, which are directly related to, or dependent upon
agriculture, to locate within the A(Agricultural)Zone District when the impact to
surrounding properties is minimal, and where adequate services are currently available
and reasonably obtainable. Agricultural businesses and industries will be encouraged to
locate in areas that minimize the removal of agricultural land from production." A Dairy is
considered agricultural related use.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40 B.16 of the Weld County Code provides for
livestock confinement operations (dairies) as a Use by Special Review in the A
(Agricultural)Zone District.
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding area consists of farmland and
agricultural related uses. The site borders an existing dairy (USR-1245— Ray-Glo
Holsteins)to the south that was approved for 2,000 head in May of 2000. Four single-
family residences are located to the west of the site across County Road 57, five
residences are located to the east of the site across County Road 59, two residences are
located to the north of the site across County Road 72, and three residences are located
to the south of the site across County Road 70. The next nearest residence is located
approximately 1/8 mile to the east of the site. Development standards and conditions of
approval will ensure that this operation is compatible with the existing surrounding land
uses.
d. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with the future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is not located within the three-mile referral area of any
municipality.
EXHIBIT
I3 2007-1329
US t2 -le tla9Z
Resolution USR-1602
Cockroft Dairy LLC
Page 2
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
A. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is
considered "prime if irrigated" and "Other"according to the 1979 Prime Farmlands of
Weld County Map. Dairies are considered an agriculturally related use.
B. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
1. Prior to recording the plat:
A. The applicant has not indicated that there will be any lighting on site. If lighting is
intended, a Lighting Plan, including cut sheets of the proposed light fixtures, shall be
provided to the Department of Planning Services for review and approval. The lighting
plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-
4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance
with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code. Furthermore,
the approved Lighting Plan shall be delineated on the plat. (Department of Planning
Services)
B. The applicant shall complete all proposed improvements regarding access and parking
improvements to the satisfaction of the Departments of Planning Services and Public
Works or enter into an improvements agreement regarding collateral for improvements
and post adequate collateral for all required on-site improvements. The agreement and
form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. (Department of Planning Services)
C. Provide documentation, prepared by a Colorado Registered Professional Engineer, that
all wastewater impoundments for the confined animal feeding operation (CAFO) meet
seepage rate standards of Colorado Water Quality Control Commission Regulation 81
[81.5(2)]. Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
D. Provide evidence that a Standard Operating Procedure for sludge and manure removal
(cleaning of impoundments to maintain capacity) has been submitted for approval to the
Colorado Water Quality Control Division required by Colorado Water Quality Control
Commission Regulation Number 81 [81.5 (3)]. Written evidence of Department of Public
Health and Environment approval shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
Resolution USR-1602
Cockroft Dairy LLC
Page 3
E. The applicant shall demonstrate that wastewater impoundments meet required setbacks
to water wells and groundwater required by Colorado Water Quality Control Commission
Regulation Number 81. [81.5 (6)]. Written evidence of Department of Public Health and
Environment approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
F. The applicant shall provide evidence that a CAFO Colorado Discharge Permit has been
applied for or obtained from the Colorado Water Quality Control Division. Written
evidence of Department of Public Health and Environment approval shall be provided to
the Department of Planning Services. (Department of Public Health and Environment)
G. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators (Anadarko & Noble
Energy) stipulating that the oil and gas activities have adequately been incorporated into
the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owners. (Department of Planning Services)
H. The applicant shall address the recommendations of the Weld County Sheriffs Office as
stated in their referral received January 26, 2007. Written evidence of such shall be
submitted to the Department of Planning Services. (Weld County Sheriff's Office)
If a sign is proposed, the applicant shall submit a detailed signage plan to the Department
of Planning Services, including location and size. Signs shall be in compliance with Article
VI, Division II and Appendices 23 C through E of the Weld County Code. (Department of
Planning Services)
J. The plat shall be amended to delineate the following:
1. The plat shall be prepared in accordance with Section 23-2-260 of the Weld
County Code. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Each sheet of the plat shall be labeled USR-1602. (Department of Planning
Services)
4. County Roads 57, 59, 70 and 72 are designated on the Weld County Road
Classification Plan as local gravel roads, which require 60 feet of right-of-way at
full build out. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. These roads are maintained by Weld County. (Department of Public
Works)
5. The facility shall comply with the Americans with Disabilities Act(ADA)and ADA
standards at all times. (Department of Planning Services)
6. The approved parking and circulation plan. (Department of Planning Services)
7. The approved lighting plan, if applicable. (Department of Planning Services)
8. Any approved signs, as applicable. (Department of Planning Services)
9. The 200-foot setback radii for existing oil and gas tank batteries and the 150-foot
setback radii for oil and gas wellheads located on the site shall be indicated.
(Department of Planning Services)
Resolution USR-1602
Cockroft Dairy LLC
Page 4
10. Spaces reserved for the parking of vehicles and all loading zones be delineated
on the plat. This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. Two on-site parking
spaces shall be van accessible handicapped parking stalls meeting all of the
requirements as set forth in the Americans with Disabilities Act. (Department of
Public Works)
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within One-Hundred and
Twenty(120) days from the date of the Board of County Commissioners resolution. The applicant
shall be responsible for paying the recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Building plans shall bear the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each
permit. A Code Analysis Date sheet, provided by the Weld County Building Department
shall be submitted with each building permit application. (Department of Building
Inspection)
B. A building permit shall be obtained prior to the construction of any structures. (Department
of Building Inspection)
6. Prior to Certificate of Occupancy/finaling building permits:
A. A letter of approval shall be provided from the Galeton Fire Protection District.
(Department of Building Inspection/Galeton Fire Protection District)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brad & Scott Cockcrofts Dairy LLC
USR-1602
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural,animal husbandry,or horticultural services
on a fee or contract basis including Livestock Confinement Operations(a dairy operation for a total of
4,500 head of cattle including milking cows and dry cows) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on County Roads.
Utilize on-site parking. (Department of Public Works)
5. The applicant must take into consideration storm water capture/quality and provide accordingly for
best management practices. (Department of Public Works)
6. The applicant shall utilize the proposed internal roadway system for the site. This roadway shall be
surfaced with gravel or equivalent and shall be graded to prevent drainage problems.(Department of
Public Works)
7. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
8. The operation shall be limited to a total of fifty(50)employees as stated in the application materials.
(Department of Planning Services)
9. Semi tractor-trailers picking up milk shall be limited to 14 (fourteen) to 21 (twenty-one) per week,
commodity farm trucks shall be limited to five(5)per week,and semi-tractor commodity trailers shall
be limited to ten (10)per week. Additional traffic volumes during harvest will be allowed (hay trucks,
semi-tractors daily during hay season and silage trucks daily during silage cutting season)as stated in
the application materials. (Department of Planning Services)
10. If dust control becomes a problem on County Road 59. If dust control becomes a problem due to the
dairy heavy hauling, the applicant shall apply dust suppressant chemical (magnesium chloride or
calcium chloride) on County Road 59 adjacent to the existing residential structures between the
secondary dairy access and State Highway 392. Dust suppressant shall be applied no less than twice
a year or more often as determined by the Weld County Public Motor Grader Supervisor. The
application would be 300 feet of frontage. (Department of Public Works)
11. The off-street parking spaces, including the access drive, shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
12. The hours of operation in the milking parlors and related facilities will be 24 hours a day, 365 days a
year. However,equipment operations,trucks,farming activities and maintenance activities other than
emergencies shall occur primarily during daylight hours,as stated in the application. (Department of
Planning Services)
Resolution USR-1602
Cockroft Dairy LLC
Page 7
13. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81. (Department of Public Health & Environment)
14. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance
with Colorado Water Quality Control Commission Regulation Number 61. There shall be no
discharge of manure or process wastewater, except as provided in the facilities CAFO Colorado
Discharge Permit. (Department of Public Health & Environment)
15. Any manure or process wastewater applications shall be at agronomic rates and in accordance
with the Nutrient Management Plan or Manure&Wastewater Management Plan. There shall be
no discharge from land application areas except for agricultural stormwater. (Department of Public
Health & Environment)
16. The facility shall be operated and maintained in a manner to prevent nuisance conditions and
operate in accordance with their approved Management Plan for Nuisance Control. (Department
of Public Health & Environment)
17. The facility shall control fugitive dust on this site and be operated and maintained in a manner to
prevent nuisance conditions. The facility shall be operated in accordance, at all times, with their
current approved Management Plan for Nuisance Control. (Department of Public Health &
Environment)
18. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department
of Public Health and Environment in the event that rodents (which can be determined to be
associated with the facility)are in such a number to be considered a nuisance condition.
(Department of Public Health & Environment)
19. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event that flies (which can be determined to
be associated with the facility)are in such a number to be considered a nuisance condition.
Additional controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly(associated with facility)complaints,
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health & Environment)
20. The facility shall be operated in a manner to control odors. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as
measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control
Regulations. Additional controls shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event odor levels detected off site of the
facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld
County Health Officer, there exists an odor condition requiring abatement. (Department of Public
Health & Environment)
21. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters.
These areas shall be constructed to minimize seepage or percolation of manure contaminated
Resolution USR-1602
Cockroft Dairy LLC
Page 8
water. In no event shall the facility impact or degrade waters of the State in violation of Colorado
Water Quality Control Commission Regulation Number 81. (Department of Public Health &
Environment)
22. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with Weld County I.S.D.S. Regulations. (Department of
Public Health & Environment)
23. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except"agricultural open burning"as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health &
Environment)
24. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public
Health & Environment)
25. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health &
Environment)
26. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
27. If required, a stormwater discharge permit shall be obtained from the Colorado Water Quality
Control Division for construction activities. (Department of Public Health & Environment)
28. The dairy facility shall use North Weld County Water as stated in the application materials.
(Department of Planning Services)
29. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Building plans shall bear the wet stamp of a Colorado registered engineer or architect.
Two complete sets of plans are required when applying for each permit along with a Code Analysis
Data sheet, provided by the Weld County Building Department. (Department of Building Inspection)
30. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2005 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
31. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining maximum and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
32. A separate building permit shall be obtained prior to construction of any building. (Department of
Building Inspection)
33. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Resolution USR-1602
Cockroft Dairy LLC
Page 9
Galeton Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
34. Effective January 1,2003, Building Permits issued on the proposed site will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
35. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
36. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil
and Gas Conservation Commission regulations. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
39. The property owner or operator shall be responsible for complying with the Livestock Confinement
Operation standards of Section 23-4-350 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Livestock feeding
performance standards of Section 23-4-710 of the Weld County Code.
41. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
42. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works shall be granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
43. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
44. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Resolution USR-1602
Cockroft Dairy LLC
Page 10
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 3, 2007.
Dated the 3rd day of April, 2007.
Ni�hLt/�A�N X l )G-`1/ f'1'\
Kristine Ranslem
Secretary
-
and catering) in the A(Agricultural)Zone District.
LOCATION: 1/2 mile north of State Hwy 14;west of and adjacent to CR 17.
Chris Gathman stated that he received a verbal confirmation from the applicant that they wish to withdraw the
case, however he has not received a written request to do so, therefore staff would request that this case be
continued until April 17, 2007.
Bruce Fitzgerald moved that Case USR-1601 be continued until the April 17, 2007 meeting, Tom Holton
seconded the motion.
Motion carried unanimously.
CONTINUED ITEMS
CASE NUMBER: PZ-1120
APPLICANT: Willard & Linda Owens
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3479; located in part E2NE4 of Section 23, T6N, R67W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Change of Zone from A(Agricultural)to PUD.
LOCATION: East of and adjacent to CR 23 and south of and adjacent to SH 392.
Chris Gathman, Department of Planning Services, requested that this case be continued two weeks until April
17, 2007. The applicants have modified their application from eight (8) residential lots with a Commercial
parcel to nine(9)residential lots. Staff has sent out amended referrals to referral agencies and also amended
notices to surrounding property owners and are just waiting to get responses back.
Paul Branham moved that Case PZ-1120 be continued until April 17,2007 so that it can be re-advertised,Tom
Holten seconded the motion. Motion carried.
CONSENT ITEMS
CASE NUMBER: USR-1602
APPLICANT: Cockroft Dairy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of AmRE-178; Section 11,T6N, R64W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing
agriculture, animal husbandry,or horticultural service on a fee or
contract basis including Livestock Confinement Operations (a dairy
operation for a total of 4500 cattle including milking cow and dry cows)
in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 72;west of and adjacent to CR 59; north
of and adjacent to CR 70 and east of and adjacent to CR 57.
Chris Gathman requested that this case be pulled from the Consent Agenda. The applicant has a letter they
would like to present to the board in regard to some potential changes to conditions of approval and
development standards.
Bruce Fitzgerald moved that USR-1602 be pulled from the Consent Agenda, seconded by Doug Ochsner.
Motion carried.
EXHIBIT
U3t*t(ooa.
Bruce Fitzgerald moved that the Planning Commission allow 2 cattle per acre and make changes throughout
the documents to reflect that, seconded by Tom Holton. Motion carried.
Roy Spitzer moved that Case PZ-1116, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended with the Planning Commissions
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes ; Bruce Fitzgerald,yes ; Tom Holton, yes ; Mark Lawley, yes ; Roy Spitzer,
yes ; Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
The Chair requested to take a 4 minute recess at 2:42 pm.
The Chair called the meeting back to order at 2:50 p.m.
CASE NUMBER: USR-1602
APPLICANT: Cockroft Dairy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of AmRE-178; Section 11,T6N, R64W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing
agriculture, animal husbandry,or horticultural service on a fee or
contract basis including Livestock Confinement Operations (a dairy
operation for a total of 4500 cattle including milking cow and dry cows)
in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 72;west of and adjacent to CR 59; north
of and adjacent to CR 70 and east of and adjacent to CR 57.
The Chair read the case into record.
Chris Gathman, Department of Planning Services, stated that Cockcrofts Dairy, LLC being represented by
AgProfessionals, LLC have applied for a Site Specific Development Plan and Special Review Permit for a
Dairy operation (for a total of 4,500 cattle including milking cows and dry cows) in the A(Agricultural)Zone
district.
The site is located south of and adjacent to County Road 72 and east of and adjacent to County Road 57.
13 referral agencies reviewed this case, 10 referral agencies responded favorably or included conditions
that have been addressed through development standards and conditions of approval.
The site is surrounded by agricultural land with single-family residences. The nearest single-family
residence is located approximately 1/8 mile east of the site.
The applicants have indicated that the facility will use public water of which is North Weld County Water
District.
One letter of opposition has been received from a surrounding property owner. The party who
wrote the letter expressed concern with traffic safety, dust, flies and odor. The property owner
lives across County Road 57 from the dairy operation.
The applicants have submitted a nuisance management plan with the application that outlines
operation practices to reduce dust and odor emissions. Additionally, development standards #15
- 21 deal specifically with operation standards addressing dust, fly, odor, pest and runoff
conditions.
The Department of Public Works is recommending that County Road 59 be used as a haul route,
as opposed to County Road 57, to minimize impact on residences in the area. Development
Standard #10 addresses applying dust suppressant chemicals if dust becomes an issue between
residential structures and the secondary access to County Road 59.
7
Tom Holton asked where the house of the owner who opposes this is located. Chris Gathman stated that it is
located off of CR 57. Mr. Gathman further added that the buildings for the dairy were constructed in the past
couple of years and the main access is off of CR 72, with a proposed secondary access off of CR 59.
Doug Ochsner inquired if this in an amended USR. Mr. Gathman stated that they are a Use by Right Dairy
originally so they were under the 4 head of cattle per acre. Under this current proposal they will be increasing
the amount of cattle to exceed beyond the agricultural use by right of 4 per acre.
Mr. Gathman indicated that there is an existing dairy directly to the south and has been approved for up to
2000 head of cattle.
Bruce Fitzgerald asked if there are any current violations on the property. Mr. Gathman stated that there was
not.
Dusty McCormick, 4350 Hwy 66, stated that he would like to address some of the conditions that staff
originally placed on the application. Mr. McCormick handed out a copy of their proposed changes to amend
the conditions of approval and development standards. Mr. McCormick addressed most of the condition
changes through Mr.Gathman via email correspondence and conversed with Troy Swain of Pubic Health and
Don Carroll of Public Works. He understands that those three staff members are in support of the majority of
the wording changes.
Eric Ehrlich inquired if the homes that Mr. Gathman had showed were homes of the employees of the dairy.
Mr. McCormick indicated that those homes are employees of the dairy. He further added that Cockrofts own
quite a bit of property in this area and in order to operate a good organic dairy they needed to utilize as much
land as we can.
Paul Branham asked how a organic dairy differs from a traditional dairy. Mr. McCormick stated that organic
dairies are different in the fact that the cattle that are being milked daily have certain requirements set out that
for a certain amount of days those cattle have to be on natural feed,where they are out grazing on pastures
getting their food through grass rather than being fed in a bunk.
Roy Spitzer inquired where the composting facilities are located. Mr. McCormick replied that they are in the
middle of the section, south of the existing parlor and free stalls and north of the Greeley#2 ditch.
Eric Ehrlich asked if there was any required lining for the berm in case of any leaching from the compost. Mr.
McCormick stated the there was not any for the berm. He further added that it is addressed as a diversion
structure so if water collects there and if it makes it past the pond during a rain fall storm event and this
compost was to get saturated and leach it would come down and collect next to this berm. Then within 24
hours it would be pumped into either pond 1 or pond 2.
Doug Ochsner inquired if CR 70 would be a major access to and from the dairy. Mr. McCormick stated that it
will barely get used. He commented that it was probably used during construction and was aware of some of
the neighbors concerns during construction. Mr. McCormick stated that they will primarily use CR 59 and CR
72 depending on which way the traffic is coming from and will be used as a loop so there should be very little
traffic that will travel down CR 57 and CR 70. He further added that CR 59 would be the major thorough fare
getting to and from this facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sherry Wolfram,34505 CR 57. Mrs.Wolfrom stated that she lives directly west of this dairy. She read a letter
of concern to the board. She wrote to express several concerns on the new Cockroft Dairy and would like to
see a number of issues addressed. She continued that the building and opening of this dairy has resulted in a
dramatic increase of traffic in their area. The size of the dairy requires a large workforce as well as many
support services. The traffic has made an impact in several ways, including the deterioration of the county
road surface and the fact that cars and trucks travel at high rates of speed because there is no posted speed
limit. There are several families with small children including hers,who live along this road and the speed of
travel creates a hazardous environment for them. There is also an uncontrolled intersection at CR 57 and CR
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72 through which virtually all traffic for the dairy travels. They have observed several near accidents at this
intersection over the past few months as there is no stop sign currently. Another concern that has arisen as a
result of the heavy traffic is a tremendous increase in the amount of trash along the road. Several other
issues that are concerns include the huge influx of flies last fall following the arrival of the cows. Over the
winter there has been manure piled on the dairy property and effluent or something similar spread on the
grounds. They understand that there will be a huge fly problem with the advent of warmer weather. In
addition there is a powerful odor at times and assume that this is when effluent is spread on the fields.
Approximately 1 week ago the stench was so strong in the late afternoon/evening that it made them nauseous.
This stench was not only outdoors it also permeates the inside of their home. She further stated that most of
the existing homes in that area are not owned or lived in by dairy employees. They wish to be good neighbors
to this business,however they expect the same. She further stated their concern with access to the dairy and
that it should be addressed with the dairy employees.
No further public comment was made, therefore the Chair closed the public portion of the meeting.
Mr. McCormick addressed the list of concerns from the neighbor. He stated that in the application there is a
Nutrient Management Plan that addresses how and when we apply effluent on those irrigated pivots. He also
added that they have a Nuisance Management Plan in place that has been reviewed by the Weld County
Public Heath and Environment which does address ways in which we can help reduce those vector concerns
and dust and odor.
Doug Ochsner asked if those plans would be any different than what is currently being done on the site today.
Mr. McCormick replied that the only thing that is different in regard to this facility is that they are somewhat
limited since it is an organic facility. He added that they cannot use chemicals and certain baits, but that
shouldn't affect the control to some extent as those are last resort type issues. Mr. McCormick commented
that cleanliness of the site is of the utmost to the applicant as well as to the neighbors.
Paul Branham asked if they are going to do something different now in relation to the flies as opposed to last
fall. Mr. McCormick stated that they will use the same procedures as last year. He added that the biggest
thing they can do is to minimize the standing water of which historically there has been an irrigation pond,and
will continue to be. He added that fresh water such as the irrigation pond is something they really can't control
and is only used to irrigate.
Roy Spitzer inquired if with the traffic,with regard to speed and volume with employees,can be controlled to
some degree with routing. Mr. McCormick replied that they were not aware that it was a problem but it is
definitely something that they can easily apply.
Mr. Spitzer asked Don Carroll what the road conditions were like in the area. Don Carroll, Department of
Public Works, commented that he was at the site. He added that the department has received a lot of calls
during construction of the facility. Since it was a use by right,the department did not have any jurisdiction over
the use by right as it didn't come through the process as a case. Mr. Carroll indicated that many of the
complaints were about dust and construction traffic. Mr. Carroll recommends utilizing CR 59 as there is a
scale house located there and there is only 3 houses located on CR 59 whereas on CR 57 there is multiple
houses located there. He commented that they can place a stop sign at the intersection of CR 57 and CR 72.
Chad Auer asked if construction for the 4500 head of cattle is completed at this point. Mr. McCormick stated
that the only thing they would be changing is the stocking grates in the pens and in the barns. He added that
very little construction would be made from this point on and that the lagoons are currently sized to hold up to
the 4500 animals.
Doug Ochsner asked with regard to odor, what the county standards are that the neighbors can be
comfortable with. Troy Swain, Department of Public Health, replied that there are several development
conditions to address potential fly and odor problems. He commented that development standard 19 applies
to flies. They need any complaints to contact the department as now going through the USR process is
subject to these development standards and they would have jurisdiction over the facility. For other waste
issues we have development standard 21 and 26 with regard to handling manure and waste in a manner that
prevents nuisance conditions. For odor we have development standard 21 and also have a device that
measures odor and have placed an odor standard on this facility. He added that land applications would have
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to comply with odor standard.
Doug Ochsner requested the applicant to provide a contact that the neighbors could contact first and state any
problems before contacting the Public Health Department. Mr. McCormick commented that they would be
willing to do that.
The Chair stated that Mr. McCormick has submitted a letter of proposed changes to certain conditions of
approval and development standards. Paul Branham suggested that staff review the proposed changes and if
they support those changes.
Mr. Gathman replied that condition 1B deals with the improvements agreements. The reason this condition
was placed in there is mainly to address any remaining transportation and parking related improvements on
the site. One item that Public Works had mentioned were the parking barriers indicating where the parking
would occur. Mr. Gathman believes that hasn't happened yet. He stated that staff is comfortable with leaving
that in there if there are any remaining improvements that need to be addressed.
Mr. Gathman stated that 1G the applicant provided a response that indicated the water for the facility would be
through North Weld County Water District and would not be using any of the irrigation water with regard to
potable water for the operation. He stated that staff is comfortable with the change.
Mr. Gathman stated that staff has no concerns with the language proposal for condition 1K5.
Mr. Gathman stated that staff is in agreement with development standard 6.
Troy Swain, Department of Public Health,stated that the proposal would like to remove development standard
27 and keep development standard 34, however we would like to remove#34 and keep#27 as#34 is more
detailed but it is wrong and should be updated, therefore we will keep#27.
Don Carroll, Department of Public Works, stated with regard to 1K10 he would like to have the applicant
designate on the plat where the parking would be. Along with that he suggested placing wheel guards or curb
stops adjacent to the office and the milking parlor to keep vehicles from protruding farther than what they
should. Mr. Carroll stated he would agree with the applicant on the proposed change, however would like to
see some up adjacent to the building.
Mr. Carroll stated that with regard to development standard 9 they've talked about traffic numbers out there
and would like to get it in the application on semi traffic and anything associated with the dairy including the
employees.
Mr. Carroll commented that he is trying to incorporate in the development standard#10 the dust control. He
added that he would include that CR 59 would be the primary access to the facility.
Mr. Carroll continued with development standard 11 which addresses parking. Mr. Carroll agrees with the
offsite parking including that the access drive shall be surfaced with gravel or equivalent.
Roy Spitzer asked Mr. Carroll when the dust control problem becomes an issue. Mr. Carroll replied that he
puts together a dust abatement plan and call out the location, how many homes are to be dust applied,and it
should be applied twice a year or as designated by the motor grader superintendent. Mr. McCormick stated
that he willing to accept this development standard and just wanted some level of definement from when it
becomes a problem. Mr. Carroll responded that the determination is made by the motor grader
superintendent but at a minimum twice per year.
Commissioner Spitzer moved that the language for 1K5 be changed to "the facility shall comply with the
Americans with Disibilities Act and ADA standards at all times. Eric Ehrlich seconded, motion carried.
Roy Spitzer motioned that condition 1K10 be changed to the following"Spaces reserved for parking vehicles in
all loading zones shall be designated on the plat and this facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code. Two On-site parking spaces shall be van
accessible handicapped parking stalls meeting all of the requirements as set forth in the Americans with
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Disabilities Act. Doug Ochsner seconded, motion carried.
Paul Branham moved to accept the proposed revision from the applicant for development standard #6,
seconded by Tom Holton. Motion carried.
Tom Holton moved to accept staffs' recommendations on development standard 9, seconded by Paul
Branham. Motion carried.
Tom Holton motioned to modify Development Standard 11 as per requested by the applicant, seconded by
Eric Ehrlich. Motion carried.
Bruce Fitzgerald moved that Development Standard 34 be removed and keep Development Standard 27,
seconded by Roy Spitzer. Motion carried.
The Chair asked if the applicant is in agreement with the Conditions of Approval and the Development
Standards as amended. Mr. McCormick replied that they are in agreement.
Doug Ochsner moved that Case USR-1602, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards as amended with the Planning Commissions
recommendation of approval. Commissioner Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes; Mark Lawley, yes; Tom Holton, yes; Chad Auer, yes.
Bruce Fitzgerald,yes with comment. Mr. Fitzgerald commented that he lives within two miles of 12,500 head
of cattle and both operations do a very good job in mitigating all the issues that he was concerned with and
feels that the management plan offered for this dairy will do the same.
Roy Spitzer, yes with comment. Mr. Spitzer commented that in hearing from the neighbor that they intend to
be a good neighbor to the dairy and hopes that the dairy will be a good neighbor to the existing neighbors as
well. Mr. Spitzer added that he feels an operation like this, as an organic dairy, is a step forward, as
agriculture goes,with higher value products.
Doug Ochsner,yes with comment. Mr. Ochsner commented that this is the reason for USR's as we did hear
from public comment and some concerns that they had and believes that those have been addressed. Mr.
Ochsner added that he hopes that they won't be affected by this dairy and that all their concerns have been
met and have been given an avenue that if they are not met that they have a method to get them fixed and
feels that the dairy is a good quality dairy and will do a good job.
Motion carried unanimously.
Tom Holton mentioned that Michael Miller,one of the previous board members of the Planning Commission,
has submitted an application to be on the Oil &Gas Commission and has asked the current board to give their
support. Bruce Barker, attorney, suggested that a letter be signed by the board members individually.
Meeting adjourned at 4:15 p.m.
Respectfully submitted
Kristine Ranslem
Secretary
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