HomeMy WebLinkAbout20061735.tiff HEARING CERTIFICATION
DOCKET NO. 2006-42
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1554
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(A900-HEAD DAIRY)IN THE A(AGRICULTURAL)ZONE
DISTRICT- DENNIS AND ERIN BARKEY
A public hearing was conducted on July 19, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Brad Mueller
Health Department representative, Troy Swain
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 30,2006,and duly published July 5,2006,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Dennis and Erin
Barkey for a Site Specific Development Plan and Use by Special Review Permit #1554 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 900-head dairy)in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this
a matter of record, and advised the applicants' representative, Thomas Haren,
LANDPROfessionals, 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 Long will listen to the record and make the determining
vote. Mr. Haren indicated he would like to proceed today.
Brad Mueller,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. He stated the applicants are requesting approval for a
900-head dairy on 55 acres. Mr. Mueller stated there is a single family residence approximately
one-third of a mile west of the site, an R-5 zoned mobile home park one mile to the north, and a
10,000-head sheep feedlot one and one-half miles east of the site. He explained the mobile homes
are within an area zoned R-5 that extends south to within one-quarter of a mile north of the site. In
response to Commissioner Masden, Mr. Mueller reiterated there is a 500-head feedlot adjacent to
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the south and a 10,000-head sheep feedlot further to the east,and he reviewed the recommendation
of the Planning Commission, as entered into the record.
Troy Swain, Department of Public Health and Environment, stated staff recommends approval of
the proposal. In response to Chair Geile, Mr. Swain stated the proposal will be subject to the Best
Management Practices under the Confined Animal Feeding Operation (CAFO)Regulations. He
further stated the requested amount includes calves and young steers, reducing the number of
actual milking cows. He noted if all 900 animals were adult milking and dry cows there would be
additional requirements.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 15 on the west, and from Weld County Road 80 along the south. He stated Weld County
Road 80 is a local gravel road,which has an average daily traffic count of 225 to 280 vehicles,and
staff is requesting some upgrade work with stabilized base. Mr. Carroll stated the Conditions of
Approval will help ensure there is adequate sight distance past the proposed berming around the
retention pond. He further stated there are no accident reports for the intersection of Weld County
Roads 15 and 80, and the requested improvements are an attempt to ensure safety levels are
maintained.
Thomas Haren,LANDPROfessionals, LLC,represented the applicant and stated the request is for
900 head of cattle on an existing dairy site,which historically operated with 300 head. He stated the
applicants currently live on,and operate,a dairy near the Town of Windsor,and there has been no
negative complaints from the neighbors or the Town. He stated the Conditions of Approval will
require the subject facility to operate in accordance with CAFO Regulation 81. Mr.Haren stated the
proposed pond is located in the southwest corner of the site,which is the low portion of the property,
and the applicant will provide the survey information to the Department of Public Works to evaluate
the berm height and ensure it does not exceed the grade of the road or the sight distance height for
drivers. Responding to Commissioner Vaad, Mr. Haren stated the pond is designed forstormwater
containment fora 25-year storm,and the applicants are required to keep water from the north and
east from entering the site or lagoon system by diverting it around the dairy. He stated the small
area for the calf huts drains south and east,the manure will be trucked off-site for land application,
and the wastewater ponds are broad and wide,which results in evaporation of a majority of the liquid
waste. He further stated the pens are harrowed daily and cleaned at least once a year,and the site
plan has a large area designated for manure stockpiles to ensure the site remains in compliance
during an inspection. Responding to Chair Geile, Mr.Haren stated this is a relocation of an existing
dairy operation to an existing historical dairy site. He stated the current operation near the Town of
Windsor will be phased out, and the applicants are proposing composting as one of the Best
Management Practices for the subject site. In response to Commissioner Jerke, Mr. Haren stated
the dairy has historically consisted of 200 to 300 head,and the applicants are requesting a total of
900 head, including milk cows, heifers, calves, bull calves, etcetera, with only 30 to 40 percent of
the herd consisting of milk cows.
Don Leffler, Design Element Consultants, represented Jim and Jan Schmidtbauer, surrounding
property owners. He stated his clients' property has historically been zoned R-5, and the site will
be developed further once the appropriate infrastructure is in place. He requested the Board
consider the request in relation to the overall uses in the area. He stated the subject site is within
an urbanizing area, and many of his other clients are finding they are no longer able to conduct
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viable agricultural operations in this area. He expressed concern regarding the change from a family
operation to a commercial operation, the proposed placement of a new lagoon and manure
stockpiles adjacent to County roads,impacts to the neighbors,and the traffic hazard created by the
proposed berm. He requested the Board deny or continue the request to a later date to allow
additional time for review of the overall dynamics taking place in the region. He stated although the
proposal meets the criteria as it relates to agriculture,the use is not compatible with the surrounding
area. In response to Commissioner Masden, Mr. Leffler stated the sewer line is not proposed to be
installed for at least ten years; however, there is an existing mobile home park which will be
expanded when the sewer line is available. Responding to Commissioner Jerke and Chair Geile,
Mr. Leffler stated his clients own 100 acres adjacent to State Highway 14 and Weld County
Road 15, and although they are not eligible to annex to any of the surrounding municipalities, he
does feel the aggressive plans of the BoxelderSanitation District will be adequate to serve the area.
Jim Schmidtbauer, surrounding property owner, clarified there is a small portion adjacent to State
Highway 14 that is owned by someone else;however,he owns a majority of the R-5 zoned property.
He stated an expanded dairy in the vicinity will create a conflict in the future when the R-5 use is
developed. He stated several of the Planning Commission members expressed concern with the
location of the lagoons and recommended the applicant meet with the area residents to attempt to
come to a compromise and possible redesign. He stated he is not opposed to a dairy in the area;
however, he is opposed to a commercial diary,specifically the manure and lagoon storage areas.
In response to Commissioner Vaad,Mr.Schmidtbauer stated he has owned the R-5 zoned property
for approximately five years;however,the R-5 zoning was established in the 1970's. He stated the
overall development was not completed due to sanitation issues,and the existing residences are
currently connected to septic systems. Responding further to Commissioner Vaad,
Mr. Schmidtbauer stated he is not aware of a specific policy regarding urbanization in the area;
however, he noted there is a lift station planned at Teal Creek along the County line to serve other
developments in the area.
Les Hardesty,dairy farmer in Greeley,Colorado,stated he is Chairman of the Mountainary Council
which markets 95 percent of the milk sold within Colorado. He expressed support for the
second-generation family applying to operate an existing dairy farm. He stated they are dedicated
to the industry,they promote agricultural and dairy uses in Colorado,and he appreciates the quality
of milk they produce. Mr. Hardesty stated due to the growth in Colorado, the dairy industry is
growing by eight to ten percent each year,and along with growth comes the supporting businesses
which help meet the demand for dairy products. He stated this will be a small,family-operated farm
compared to most throughout the State. He requested approval of the request and an opportunity
for the applicants to co-exist with the urban community in the area. In response to Commissioner
Jerke, Mr. Hardesty stated it is reasonable to assume that the state-of-the-art equipment and future
advances in technology will allow this facility to operate for at least 20 years. Responding to
Commissioner Masden,Mr.Hardesty stated there is a combination of internal and external growth
on Colorado dairies. He stated Colorado has been discovered as a dairy state, and many dairy
operators are coming into the area to meet the demands of population growth,which also reduces
transportation costs. He also noted the Colorado climate is very conducive to dairy operations.
Terry Dye, Dyecrest Dairy owner,stated he supports the applicants and their proposal. He stated
he owns a 3,000-head dairy north of the site,as well as the land contiguous to the site on the north
and east. He stated the subject site is ideal fora dairy operation due to the slope,and the applicants
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run a very good dairy operation. He further stated 900 head is nota commercial operation;he would
consider it to be a family operation. In response to Chair Geile,Mr. Dye stated new homes are being
built near his dairy to the north, therefore, in the future he plans to develop his property near the
subject dairy with low-density housing.
Tom Moore,surrounding property owner,stated he owns the 240-acre farm south of the site,as well
as 320 acres northwest of the site. He stated his family has farmed the area since 1890; however,
the area is changing and will likely be developed with low-density housing. He stated in 2000, he
inquired with County staff regarding a development on his property;however,staff indicated it would
be better to wait until public sewer is available. Since that time, Mr. Moore stated he has been
pursuing the installation of a gravity sewer line which would serve the area. He stated the subject
site has historically operated as a dairy; however,the overall property has been split,the water has
been sold,and the density of cattle will increase beyond the original use. Mr. Moore stated he does
not mind the existing dairy; however, he requested the proposal be limited to four head per acre,
and that the plans be redesigned to relocate the primary lagoon and manure storage area.
Responding to Commissioner Jerke, Mr. Moore stated his concern regarding the lagoons stems
from his location directly south of the lagoon site.
Fred Walker, surrounding property owner one mile to the south, displayed a PowerPoint
presentation, marked Exhibit K,which listed the names and addresses of the other area residents
he represented. He reviewed a map showing the designated 208 Boundaries in the area,and stated
the area is changing due to proposed water and sewer service. He stated the number of farms in
the area is decreasing,and the City of Thornton has purchased many of the water rights. Mr.Walker
displayed a map showing the irrigated land,existing development,feedlots,and municipalities,and
stated he is the Chair of the Boxelder Sanitation District. He explained the District is not
aggressively going into the area, rather, it is responding to the requests for service. He further
stated the District has been working on extending into the area since 2002,there is an agreement
with two property owners to provide service to a lift station, and the District will be awarding a
contract for the bore under 1-25 within two months. He stated even if the property owners do not go
forward with their plans for development, there are various other developments in the area which
are driving the expansion of the District in the area. Mr.Walker read Section 22-2-50 of the Weld
County Code for the record,which addresses the concept of allowing farming as a industry, and
stated the intent is that the uses can co-exist if they recognize the neighboring uses. He stated the
applicants want to locate the manure and wastewater storage along the property boundary adjacent
to the County roads,which does not show regard for the neighbors' interests. He suggested the
runoff water be collected and pumped away from the public right-of-way, rather than allowing it to
sit and evaporate at that point. He further stated the manure piles should be internal to the site,and
the berms should be landscaped to mitigate the visual impacts of the property. Mr. Walker stated
a community meeting has been held;however,the applicant did not give any response to the input
provided by the area residents, and if approved, he requested the permit not be transferrable. In
response to a previous question from Commissioner Vaad, Mr. Walker stated in the event the
lagoon overflows during a storm event,a 15-inch tile exists under Weld County Road 15 that goes
west for one-quarter of a mile to a slough. He stated the two ponds could be connected by a gravity
line and then pumped to a different area of the site. He further stated the testimony from Mr. Dye
regarding a neighboring nine-lot development,is different since the Dye Dairy operations are more
internal to the site, rather than adjacent to public roads. In response to Commissioner Jerke, Mr.
Walker stated he foresees the surrounding lands developing to the highest and best use where
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infrastructure will allow. He stated at State Highways 14 and 257 there will likely be more
commercial uses,which will phase out to low-density residential. He stated there are two property
owners who are paying for the installation of the necessary infrastructure,and there is a recovery
agreement for the portions that are sold in the next 15 years. There being no further comments,
Chair Geile closed public testimony.
Mr. Haren stated the issues of concern expressed are true throughout the Front Range in Weld
County. He stated many dairy operations have been approved in similar situations, and the fact
remains that there is a demand for dairy products. He stated the applicants currently operate a
good dairy at 32 cows per acre on three acres near the Town of Windsor, and he noted the subject
dairywas historically operated on ten acres of the overall 160 acres. He stated the new lagoons are
required by health regulations, unlike the old dairy which did not have regulatory controls which
resulted in runoff from the site. He explained pumping stormwater to a different location on the site
creates a liability,and there is a biosecurity concern with placing the lagoons and manure storage
above the production facility. Mr. Haren stated the site is zoned agricultural, despite what may or
may not happen in the surrounding area.
CommissionerJerke commented as the City of Thornton removes water from its various properties,
other uses will continue to come into the area, and he questioned what mitigation measures the
applicants would be willing to accommodate. Mr. Haren stated the pond could be reconfigured to
a triangle to gain distance from the intersection, and the manure stockpiles could be located
anywhere the runoff can be contained. He stated the Department of Public Health and Environment
does require a designated site for manure stockpiles; however, he feels the area could be to the
north,although it will still be visible from the road. He reiterated the dairy parlor, houses,and pens
already exist, and the pen density is 1,000 to 1,200 feet per head on 55 acres. He further stated
shifting the pond and storage areas back 200 feet, as well as changing the shape of the lagoon
would address many of the concerns expressed, although he did express concern with the need
to also reconfigure the two southern pens to use gravity flow for drainage. Responding further to
Commissioner Jerke, Mr. Haren stated the applicants will provide landscaping that will still
accommodate the sight distance. (Changed to Tape#2006-27.) Mr. Carroll stated 583 feet east
of the intersection is required for a safe sight distance. Mr. Haren requested a specific number be
included in the Conditions of Approval to ensure the applicant can comply; however, they are
agreeable to making accommodations as determined by staff. Mr. Mueller suggested adding
Condition of Approval#1.D.7 to state, "The southwestern pond and proposed manure stockpiles
shall be setback approximately 200 feet from the roads,and that,where possible,landscaping shall
be provided allowing for trees a minimum of 50 feet apart." He noted the Board will also need to
clarify whether internal stockpiling will be allowed if a specific site is designated. Mr. Haren stated
the proposed language does create problems for the small lagoon in the southeast corner of the
site, which will need to be redesigned to use a pit and a pump station, rather than a stormwater
containment pond. Commissioner Masden stated the applicant is trying to work with staff to
address the neighborhood concerns, and he does not wish to require a pit and pump.
Commissioner Vaad stated the reconfiguration of the manure storage area and the shape of the
southwestern lagoon with some landscaping appears to be feasible. Chair Geile clarified the
general intent of the Board is for staff and the applicant to use the language set forth in Condition
of Approval#1.D.5,and the language proposed for Condition#1.D.7,in redesigning the site layout.
He stated if there is a concern, the matter can be brought back before the Board. In response to
Commissioner Jerke, Mr. Haren stated the applicants have made a considerable investment in
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attempting to gain a Use by Special Review Permit, and restricting them from transferring the use
and selling the site as a dairy is a violation of their property rights. However, they would be
agreeable to the restriction if the alternative is denial. CommissionerJerke commented the Board
cannot predetermine the action of future Boards,and limiting the transfer of the permit would require
a future purchaser to come back for a renewal of the permit if it is still appropriate in the area.
Chair Geile stated he has serious concerns with restricting the property rights. Commissioner
Masden agreed, and stated if the area changes as predicted, the market will drive what happens
with the site in the future.
In response to Chair Geile, Mr. Haren stated he and the applicants have reviewed and concur with
the Conditions of Approval and Development Standards, with the exception of Development
Standard #20, which requires a building permit prior to construction of the commodity shed and
office. Mr. Mueller clarified there is some question as to whether a commodity shed requires a
permit, and he suggested adding the words "as needed" to the end of the sentence.
Mr. Carroll stated moving the lagoon back to accommodate sight distance from the southeast will
address his concerns.
Commissioner Masden stated this proposal is being pursued by a County resident with a good
reputation as a diary operator, and he supports the proposal.
Commissioner Jerke stated he supports the proposal, and he feels the traffic issues will be
addressed by the language in Condition of Approval #1.D.5, as well as the additional language
proposed by Mr. Mueller.
Chair Geile stated the site is in the A(Agricultural)Zone District,and expansions are allowed through
the Use by Special Review process, when appropriate.
Commissioner Vaad moved to approve the request of Dennis and Erin Barkey for a Site Specific
Development Plan and Use by Special Review Permit #1554 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 900-head dairy)
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 addition of Condition of Approval #1.D.7 to state, "The
southwestern pond and proposed manure stockpiles shall be setback approximately 200 feet from
the roads,and that,where possible,landscaping shall be provided allowing for trees a minimum of
50 feet apart,"and the modification of Development Standard#20 to add the words"as needed"to
the end of the sentence. The motion was seconded by Commissioner Masden. Commissioner
Vaad stated although not all of the proposed mitigation proposals were implemented,he is satisfied
that the traffic and visual impacts have been addressed,and that staff will review the application to
ensure the site operates in accordance with Best Management Practices. He further stated the
Board has reviewed the changing nature of the area, and he feels the market will determine the
future uses that develop in the area. There being no further comments, the motion carried
unanimously, and the hearing was completed at 12:40 p.m.
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This Certification was approved on the 24th day of July 2006.
APPROVED:
BOARD OF C NTY COMMISSIONERS
WELD CO �!� Y, COLORADO
ATTEST: � EL •�. "
. eile, Chair
Weld County Clerk to the Boar.,igb
�.f.ED
BY: e.o (7Aolli jrS �^ Long,'/ Pro-Tem
Deputy Clerk to the Board `�'ti 1 ) ( A./
W' m H. Jerke nn
TAPE #2006-26 and #2006-27 \,'\,
Robert Den
DOCKET#2006-42
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1554 - DENNIS AND ERIN BARKEY
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 05/02/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
06/16/2006
F. Jim and Jan Schmidtbauer Letter of Opposition, dated 07/07/2006
G. Planning Staff Certification and Photo of sign posting
H. Mike Hergenreder E-mail of Concern, dated 07/17/2006
Bill Shutts Letter of Support, dated 07/1/2006
J. Don Leffler Map of Box Elder Sanitation District
K. Fred Walker PowerPoint Presentation
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