HomeMy WebLinkAbout20020213.tiff HEARING CERTIFICATION
DOCKET NO. 2002-04
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1363
FOR A LIVESTOCK CONFINEMENT OPERATION (COMMERCIAL EGG FARM,
COMPOST SALES, WOOD GRINDING OPERATION, AND THREE EMPLOYEE
RESIDENCES) IN THE A (AGRICULTURAL) ZONE DISTRICT - MORNING FRESH
FARMS, INC.
A public hearing was conducted on January 23, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair- EXCUSED
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 4, 2002, and duly published January 9,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Morning Fresh Farms, Inc. for a Site Specific Development Plan and Use by Special Review
Permit#1363 for a Livestock Confinement Operation (commercial egg farm, compost sales,wood
grinding operation, and three employee residences) in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Lauren Light, 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. Ms. Light gave a brief
description of the location of the site, surrounding uses, and proposed improvements. She stated
the applicant owns a majority of the land surrounding the facility, which reduces the impact on the
neighboring properties. She further stated the site is not designated as "Prime"farm ground and
the Town of Platteville indicated no conflicts with its interests. Ms. Light stated 11 referral agencies
reviewed this proposal, two responded with no comments, five submitted comments which have
been addressed by the Conditions of Approval and Development Standards, and four did not
respond. She stated this is an existing operation, which was permitted under Special Use Permit
#44. The previous Conditions and Development Standards have been incorporated into the new
Use by Special Review Permit, and the old permit will be vacated. She further stated the applicant
has satisfied Condition#2.K, and the Department of Public Works has requested the Condition be
deleted. Ms. Light stated the Planning Commission discussed Condition#2.L extensively, and the
applicant has indicated an adequate attempt has been made to address the concerns expressed
by the oil and gas mineral owners.
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In response to Commissioner Geile, Ms. Light stated each of the three oil and gas companies
involved were provided with a referral and notification from both the County and the applicant
regarding this proposal. She stated each oil and gas company submitted a letter expressing some
concern. Responding further to Commissioner Geile, Ms. Light stated the applicant is proposing
to add a wood grinding operation on the facility to supplement the composting process. In
response to Commissioner Geile, Trevor Jiricek, Department of Public Health and Environment,
stated the applicant also proposes to dehydrate a majority of the manure and that process is
permitted through the Colorado Department of Public Health and Environment. Responding further
to Commissioner Geile, Don Carroll, Department of Public Works, stated the applicant has agreed
to close the circle drive and use an internal access for the feed mill. He further stated there will be
new structures built along Weld County Roads 32 or 34, the accesses are adequately spaced, and
he feels there will be adequate parking and traffic circulation.
Commissioner Long, acting as Chair Pro-Tem, advised Fred Otis, applicant's attorney, 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 Vaad will listen to the record and make the determining vote. On behalf of the
applicant, Mr. Otis indicated he would like to proceed today. He further stated Morning Fresh
Farms is a strong agricultural business in Weld County and the proposed operation meets the
intent of the Weld County Comprehensive Plan.
Rex Thorpe, Company Comptroller, responded to Commissioner Geile, stating the wood chipping
operation has been in Longmont for many years and Morning Fresh Farms was their primary
customer. Mr. Thorpe stated the applicant recently purchased the wood chipping operation and
intends to relocate it on the facility to supplement the composting operation. He explained old
wood pellets are ground and added to the compost for carbon content,which makes up 75 percent
of the material. He gave a brief overview of the composting process and stated the finished
material is bagged or sold in bulk to garden centers. He stated approximately 85 percent of the
manure is dehydrated and used for fertilizer. Responding to Commissioner Masden, Mr. Thorpe
explained the composting process is not enclosed; however, the composting windrows generate
enough heat to eliminate any fly or odor nuisances. He stated this application also proposes three
new residences in addition to the five existing homes, and each will house a single family. In
response to Commissioner Geile, Mr. Thorpe stated the remaining land is used for irrigated alfalfa
or dryland farming,and he is certain they can address the concerns expressed by the Platte Valley
Soil Conservation District.
In response to Commissioner Geile, Mr. Morrison stated following testimony from the applicant's
representatives, the Board will need to determine whether the applicant has adequately
accommodated the mineral owners before deleting Condition of Approval#2.L. He also requested
the applicant provide certification of notification to the mineral owners in accordance with the new
State law.
Brent Coan, attorney, represented the applicant and stated RME Petroleum Company owns all of
the mineral rights for this property; however,they have leased some of the rights to Patina Oil and
Gas Corporation and Kerr-McGee Rocky Mountain Corporation for extraction. He stated after
discussion, the applicant agreed to redesign the layout of the site to accommodate the location of
the existing and future oil and gas facilities. They have also agreed to pay for relocation of the flow
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lines which currently run beneath some of the proposed facilities. Mr. Coan indicated the location
of an open drilling area, and explained the drilling rights are currently disputed and under
negotiation. He stated the applicant hosted a meeting between the oil and gas operators for this
property and Kerr-McGee did not attend;however,a company representative indicated no concerns
by phone. He further stated the letters submitted by the oil and gas companies are form letters
mailed prior to review of the design to protect their rights; however, he does not feel the companies
have expressed factual concerns regarding this proposal.
Commissioner Geile read a portion of the letter from Welborn, Sullivan, Meck and Tooley, P.C.,
dated December 14,2001,for the record. He expressed concern with the statement made on page
three, paragraph three. Mr. Morrison stated the oil and gas companies have not submitted further
factual allegations and he does not feel approval of this application would amount to regulatory
taking as indicated by the letter.
David Padgett, Patina Oil and Gas Corporation representative, stated he spoke with a
representative of Kerr-McGee, who indicated no concern with this application. He concurred that
most oil and gas companies submit a general form letter intended to protect any of their mineral
rights regardless of the specific details of a proposal. He stated Patina is very close to entering into
an agreement with the applicant regarding the setbacks and relocation of the flow lines when
necessary. He stated the primary delay has resulted from discussions regarding which company
his drilling rights in the open area previously discussed by Mr. Coan.
Mr. Jiricek stated Development Standards #23, #24, and #25 were transferred over from the old
permit; however, he requested the Commissioners delete them because they are redundant or no
longer apply. In response to Commissioner Long, Mr. Otis stated he and the applicant have
reviewed and agree with the Conditions of Approval and Development Standards as proposed and
amended. He further stated they would prefer the Board delete Condition of Approval #2.L
because the applicant has demonstrated an effort to accommodate the interests of the mineral
owners. He stated the applicant has been very cooperative in the past and has already allowed
16 wells on this site, called and attended meetings, mailed the necessary notices, and signed
agreements. Mr. Coan stated the remaining issue regarding the open drilling site is approximately
800 by 1,000 feet, which is more than adequate for a drilling location and meets the requirements
of the Oil and Gas Commission.
Mr. Coan and Mr. Otis both concurred with the request to delete Conditions of Approval #2.K and
#2.L. Mr. Morrison stated the language cited under Condition of Approval #2.L is to initiate the
process of accommodating the concerns of any mineral owners, and if all of the issues are
addressed, it can be deleted. He suggested the Board amend Condition #2.L to require the
applicant to provide certification of notification pursuant to Section 24-65.5-103(4), C.R.S.
Responding to Commissioner Jerke, Mr. Morrison stated although the applicant sent the notices,
the law requires an official certification as evidence.
Commissioner Geile moved to delete Condition of Approval#2.L. Commissioner Jerke seconded
the motion, which carried unanimously.
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PAGE 4
Commissioner Geile commented Morning Fresh Farms is a strong and reputable agricultural
business in Weld County and he moved to approve the request of Morning Fresh Farms, Inc., for
a Site Specific Development Plan and Use by Special Review Permit #1363 for a Livestock
Confinement Operation (commercial egg farm, compost sales,wood grinding operation,and three
employee residences) 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 also included deleting Condition of Approval
#2.K, deleting Development Standards#23, #24, and#25, and renumbering as appropriate. The
motion was seconded by Commissioner Jerke. Each of the Commissioners expressed their
appreciation for the strong agricultural business Morning Fresh Farms provides in Weld County.
There being no further discussion, the hearing was completed at 11:30 a.m.
This Certification was approved on the 28th day of January 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
,-�` WELD COUNTY, COLORADO
ATTEST: gti j , j is
/ ` % EXCUSED
,1f+ �,GI Vaad, Chair
Weld County Clerk to th-[',q; _����'`�' ` e
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Deputy Clerk to the Boa S�
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TAPE #2002-02 EXCUSED DATE OF APPROVAL
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DOCKET#2002-04
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2002-0213
PL1579
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1363 - MORNING FRESH FARMS, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/18/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site (01/09/2002)
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