HomeMy WebLinkAbout20023047.tiff HEARING CERTIFICATION
DOCKET NO. 2002-84
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1395
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND LIVESTOCK
CONFINEMENT OPERATION (10,000-HEAD DAIRY, WITH SIX MOBILE HOMES AS
ACCESSORY TO THE FARM)IN THE A(AGRICULTURAL)ZONE DISTRICT-HIGHLAND
DAIRY, LLC
A public hearing was conducted on November 13, 2002, at 10:00 a.m.,with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Char Davis
Health Department representative, Cindi Etcheverry
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 25, 2002, and duly published October 30,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Highland Dairy, LLC, for a Site Specific Development Plan and Use by Special Review Permit
#1395 for an Agricultural Service Establishment and Livestock Confinement Operation (10,000-
head dairy, with six mobile homes as accessory to the farm) in the A (Agricultural) Zone District.
Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad advised Tom
Haren, applicant's representative, that the applicant has the option of continuing this matter to a
date when the full board will be present. However, if they decide to proceed today, it will require
three affirmative votes,or in the case of a tie vote,Commissioner Jerke will listen to the record and
make the determining vote. Mr. Haren indicated they would like to proceed today.
Robert Anderson, 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.
Mr. Anderson gave a brief description of the location of the site, which has had a dairy for more
than 30 years under a Use by Special Review Permit for 500 cows. He further stated the applicant
owns 73 acres to the west and 140 acres to the southeast,which can be used for land application.
The applicant is also leasing land from the City of Thornton, which is in close proximity, but not a
part of the application. Mr. Anderson reviewed the existing and proposed improvements on the
site, as well as the surrounding uses. He stated several letters of concern regarding agricultural
nuisance conditions and groundwater contamination have been received. However, the
Department of Planning Services feels the Confined Animal Feed Operation (CAFO) Control
Regulations, Health requirements, and the proposed Conditions of Approval and Development
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Standards will mitigate those concerns. Mr.Anderson stated staff has also received various letters
of support for this application. He further stated eleven referral agencies reviewed this proposal,
eight responded with comments which have been incorporated into the Conditions of Approval or
they indicated there were no conflicts with their interests. Mr. Anderson requested the Board
amend Condition of Approval #1.Q to add "and approved by the Department of Public Works" to
the end of the sentence. He stated the applicant has submitted a Landscaping and Buffer plan,
which is acceptable to staff. He further stated Dan Casper represents the mineral owners, and
after meeting with the applicant he is requesting Condition of Approval #1.R be added to state,
"Written evidence shall be provided to the Department of Planning Services indicating an
agreement between the mineral owners and applicant." He stated the site is within the three-mile
referral area for the Town of Severance, which found this proposal does not conflict with its
interests. Responding to Commissioner Geile, Mr. Anderson stated the technical aspects of the
Drainage Report, required by Condition #1.Q, relate to the outflow from the property at historical
rates. He further stated lighting is addressed in the Landscaping and Buffer Plan, and the final
details can be addressed at the Final Plat stage. Responding to Commissioner Masden, Mr.
Anderson stated Development Standard#21 provides for operations primarily during daylight,with
flexibility for certain operations during darkness. Responding to Chair Vaad,Mr.Anderson clarified
two of the adjoining properties are owned by Podtburg Dairy and are under agricultural production.
Peter Schei, Department of Public Works, stated they have requested the applicant submit a Final
Drainage Report which will indicate the historic drainage coming from the northwest. He further
stated in reviewing the Final Drainage Report the Department of Public Works will consider the off-
site impacts of 100-year and five-year storm events,topography,and the designated drainage area
to determine rates of flow coming to the dairy. He stated they also rely on a professional engineer
to help answer questions regarding velocity, erosion potential, etcetera. Responding to
Commissioner Geile, Mr. Schei stated the site will be accessed from Weld County Road 39,which
has adequate sight distances in both directions. He stated Weld County Roads 39 and 92 are
designated as local gravel roads, and Road 39 has an average daily traffic count of 83 vehicles.
Responding to Commissioner Geile, Cindi Etcheverry stated the mechanical screening separators
are not a requirement;however,the applicant has chosen this engineered design,which will comply
with the necessary regulations. She further stated the applicant has submitted a Manure and
Waste Water Management Plan which indicates they will store and compost manure on site. She
further stated two wells will be used to water the cattle and the use for the third well is unspecified.
In response to Commissioner Masden, Ms. Etcheverry stated they have not received a Nuisance
Plan; however, it must be submitted for review and approval as a Condition of Approval for the
Final Plat.
Elton Marrs,co-owner,stated Highland Dairy is owned by the Marrs and Podtburg families,and due
to urban pressures, they have chosen this as a relocation site. Responding to Chair Vaad, Mr.
Marrs stated their long-term plan is to completely consolidate their existing operations onto this site.
Responding to Commissioner Geile, Mr. Marrs stated they do not have ownership in any of the
dairies or CAFO operations in the surrounding area.
Thomas Haren, AgPro Environmental Services, LLC, represented the applicant and stated the
partners purchased this site, which has an existing dairy permitted under Use by Special
Review #74, approved in 1971, for 500 head. He stated the old permit will be vacated as a
Condition of Approval, and the applicant is allowed to have up to 3,700 head of cattle as a Use by
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Right. He stated there are five CAFOs in close proximity, which he reviewed for the record. He
further stated the site is located on 180 acres, the applicant owns adjacent parcels totaling 420
acres, and they have leases and spread agreements for 920 acres, 520 of which they can get
waste water to. Mr. Haren stated the existing parlor is out of date and will be retained as an animal
hospital facility, and the previous fences have been repaired or rebuilt. Mr. Haren reviewed Phase
One of the proposal, which will include free-stall barns for the milking cows, mechanical screens
for waste water treatment, and manure storage. Mr. Haren stated the material from the screens
is ground wet feed, with no odor. He stated they intend to dry the material and use it as bedding
in the free stalls. Phase Two will add two more free-stall barns, a calf area,the employee housing,
and some ponds,with the manure stockpile in the same area. Mr. Haren stated at full buildout they
will complete the free-stall barn construction, and the lagoon layout. He stated the Nuisance
Management Plan was included with the application materials. The site is serviced by the North
Weld County Water District, deep wells, and alluvial wells. He stated the domestic water will be
used in the parlor for health standards, and the change in use is currently in water court for review.
He further stated they plan to manage the manure with composting, and they will contain all storm
water on the site. Mr. Haren stated there is a drainage route that runs through the site from the
northwest to the southeast and this application will address the drainage issue. He explained they
will use the dirt from the new drainage way as fill to displace the old drainage path. He explained
they cannot alter the flow or the volume at the point where the drainage has historically left the
property. He stated the drainage basin is 1,282 acres, and at certain points it can be farmed. He
submitted copies of the Final Drainage Study, marked Exhibit F, and stated as proposed they will
have less drainage than the historical rate. Responding to Commissioner Geile, Mr. Haren stated
there will be dry stock, young cows, and heifers in the repaired coral facilities. The milking cows
will be indoors with roofs and concrete floors, bedded with sand or compost. He explained the
north sides of the barns have a curtain that can be raised or lowered, and the remaining sides are
completely open. He stated there will be 5,500 milkers,and the remainder of the livestock consists
of dry cows, heifers and calves. He further stated they plan to compost for nuisance control, and
they have spread agreements for 400 acres. It is likely there will be a demand for the manure
before it is composted. Responding further to Commissioner Geile, Mr. Haren stated the historic
flow after a 100-year flood event leaving the site at Weld County Road 92 is 480 cubic feet per
second. (Switched to Tape#2002-38.) After their design to reroute the flow,the calculated amount
is 442 cubic feet per second. He stated the applicant owns 420 acres, and they also have an
additional 520 acres that are leased,which allows for 3,760 cows as a Use by Right. He stated the
site has historically had 500 head,and there is currently 1,200 to 1,300 head. Responding to Chair
Vaad, Mr. Haren submitted a map of the Off-Site Drainage Basin, marked Exhibit G, and stated
although the original plan was very conservative, the final plan is much more refined and specific.
He further stated algae is typically not an issue on aerated ponds, the bacteria is necessary to help
control odor, and oxidation means they use intermittent aeration. In response to Commissioner
Masden, Mr. Haren stated the dead animal pile will be located in a screened area near the entrance
so the daily rendering truck will not contaminate the other animals.
Dan Casper represented the Anadarko Land Corporation and Anadarko E and P Company. He
submitted a written objection, marked Exhibit H. He stated Anadarko E and P Company owns
mineral rights on this site, and they want to reserve two future oil and gas rights. He stated they
believe they can work with the applicant regarding the future proposed drill sites,with access from
the south; however, he wants to ensure they are out of the rerouted drainage are. He stated this
matter is currently under negotiations for a surface use agreement, and he requested a Condition
of Approval be added to require an agreement for the mineral rights prior to final plat approval. He
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stated they have also made a proposal for disposition of the oil and gas rights,which is a separate
agreement. Mr. Anderson stated Condition #1.R was previously proposed to address the
subsurface rights. Responding to Commissioner Masden, Mr. Casper stated they currently have
plans to explore this field; however, the activity is dependent upon economics and demand. He
further stated there is production in the surrounding area, and there is also evidence of coal
deposits in this region; however, there are no current plans for surface mining at this time.
Ivalyn Pierce, surrounding property owner, stated she lives directly east of the site and she
expressed concern with the proposed size of this dairy. She stated since the new ownership two
years ago, she has experienced an increase in flies and odor with just 1,200 to 1,500 cows. She
stated she has lived in this area for 28 years and she feels the proposed dairy expansion is
unreasonable. She requested the applicant compromise the proposed size, and also expressed
concern with additional damage to the gravel roads during the winter months.
Marilyn Clary, surrounding property owner, stated the current owners never approached them and
discussed the proposal. She expressed concern with the potential impact to surrounding wells,and
questioned whether there will be adequate monitoring of the water levels. She also expressed
concern with increased flies and traffic impacting the neighborhood, and questioned who the
primary contact person will be if the owners do not live on site.
Ms. Pierce returned and added that screening the site is very important. She requested the site
be screened during all the phases, not just at full build out. There being no further comments,
Chair Vaad closed public testimony.
Mr. Haren stated the applicant has invested a considerable amount in engineering and construction
to correct the historical flow from this site. He stated regardless of the increased size,the improved
waste treatment system and technology will improve the existing conditions. He stated they intend
to landscape the entrance, the west boundary, and the employee housing to the south. He stated
staff proposed the applicant also screen the east property boundary; however,that was not in their
plan. He stated the applicant also has concerns with posting collateral for the landscaping,further,
he stated several surrounding property owners have expressed concerns with screening which
would block their view. Mr. Haren submitted a photograph taken from the roof of the barn facing
east, marked Exhibit I, and stated from that point he could only see the rooftops of neighboring
houses. He stated the applicant plans to continue farming to the east, and since this is a rural
area, the additional screening may not be appropriate in this situation. He further stated the
mineral owners were notified of the oil and gas issues three months ago, there is no current oil and
gas production on the site, and the geologic maps and County maps do not show coal in this area.
He stated Anadarko offered a buyout at$50 per mineral acre,which does not indicate it will be very
economical to mine. He stated the matter of mineral interests is a civil issue and should not restrict
the plat.
Responding to Commissioner Geile, Mr. Haren stated most of the properties to the east are on
wells,and the applicant intends to monitor their diary wells as required by CAFO. He further stated
the stormwater retention ponds are regulated by the Colorado Department of Public Health and
Environment and the Environmental Protection Agency regarding seepage rates. In response to
Chair Vaad, Mr. Haren and Mr. Marrs indicated the phasing will be based on the economy. Mr.
Marrs indicated Phase One is for 2,500 animals, and Phase Two will bring the site to two-thirds
capacity. Responding to Chair Vaad, Mr. Haren stated the applicant intends to sell the manure or
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compost to surrounding farms. He stated using compost for bedding is being researched,and this
site will use the product from the mechanical screens as bedding. In response to Commissioner
Geile, Mr. Haren stated not all surrounding property owners want buffering on the east, and they
are willing to work with the neighbors regarding the light mitigation.
In response to Chair Vaad, Mr. Morrison stated although the mineral interests are a civil matter,the
Board typically attempts to mitigate the issues. Mr. Haren stated Condition of Approval #1.O,
regarding an Improvements Agreement, will be difficult to complete because this is a phased
project. He stated this is a historical use, and other dairies are not required to have Improvements
Agreements. He further stated the homes to the east are also surrounded by other dairies and
animal confinement operations which may contribute to the nuisance conditions. Chair Vaad stated
the collateral pertains to the landscaping proposed by the applicant and once the work is
completed,the collateral will be released. Mr. Morrison stated a Use by Special Review Permit can
be revoked if the work is not completed, so collateral may not be necessary.
Arlan Marrs,co-applicant,stated the neighbors requesting buffering are at least one-half mile away.
He stated they agree with buffering to the west because it will also assist in protecting the livestock,
and added that collateral should not be necessary because potential for revocation is incentive
enough to complete the work. Mr. Marrs stated the milking operations occur 24 hours per day;
however,the lighting should not be a problem because they will be indoors. He stated the animals
in the outside dirt lots will not be worked at night so there will be minimal lighting. He further stated
the CAFO Control Regulations require that off-site waters cannot come into contact with the feed
or manure, so they intend to reroute the drainage to go across the north and down the east to the
original exit point. Mr. Marrs stated the additional information required by the Department of Public
Works has resulted in a reduction from the original amounts. He stated the condition of Weld
County Road 92 at the drainage exit point has been a historic problem, but most of the dairy traffic
will be on Road 39, and Road 92 will be used primarily for crop operations.
Following discussion,the board indicated no opposition to adding the phrase"and approval by the
Department of Public Works" to Condition of Approval #1.Q. Commissioner Geile commented it
appears that an agreement between the mineral owners and the applicant is forthcoming and the
coal deposit is minimal. Based on these comments,the Board indicated no desire to add Condition
of Approval#1.R. Commissioner Long moved to delete Condition of Approval #1.O. The motion
was seconded by Commissioner Masden, and it carried unanimously. Commissioner Geile
commented Condition #1.C addresses the landscaping requirements, therefore, Condition #1.O
is redundant and can be deleted. Mr. Anderson stated the Department of Planning Services has
evaluated the landscaping plan, and given the remote location and the distance between home
sites, staff feels the proposal is sufficient. There being no further discussion, the Board concurred
to delete Condition #1.O.
In response to Chair Vaad, Mr. Haren stated he and the applicants have reviewed and agree with
the Conditions of Approval and Development Standards, with the exception of Condition #1.C.
Chair Vaad commented the previous discussion indicated the applicant's proposal is sufficient and
no additional landscaping will be required. Mr. Haren stated Conditions #1.E and #1.Q are
redundant. He stated Condition #1.Q delegates authority to the Department of Public Works to
approve or deny the engineering plan, which may be too strenuous for this area. Mr. Anderson
stated if there is not an agreement, the matter may be brought to the Board for further discussion.
Mr. Schei stated they are not using different standards or procedures for this proposal, they just
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needed additional information to fully determine the situation. Mr. Anderson stated Condition#1.E
is based on preliminary information submitted at the time of application and Condition#1.Q allows
staff to revisit the issue. In response to Mr. Morrison, Mr. Schei stated the issue is the rerouting
of the drainage to determine whether the rates are changed. He further stated the standard is the
discharge and the need to verify the integrity of the process. Mr. Haren stated he does not agree
with staff using the standard of an urban development in a rural area, and he does want the
Department of Public Works to have ultimate approval. Chair Vaad commented the County wants
to ensure the drainage transfer will work. Mr. Morrison stated if there is an impasse, the burden
is on the applicant to show the proposal is adequate through a Probable Cause Hearing.
Commissioner Long suggested specifying the specific standards which will be used. Mr. Morrison
clarified staff will review the plan to ensure the rate and nature of flow remains as it historically
existed. The Board indicated no desire to remove or modify Conditions #1.E or#1.Q.
Commissioner Geile commented the engineering report will protect the County's assets, and if
there is an impasse there is an appeal process. Responding to Chair Vaad, Mr. Haren stated he
and the applicant concur and understand with the revisions as discussed.
Commissioner Geile commented the technology in this proposal will address the current nuisance
conditions, and the site will be in violation if they do not follow the CAFO Control Regulations. He
further stated the compost and manure will be removed from the site, as applicable, the drainage
will be dealt with to handle a 100-year flood, and the nuisance conditions will be mitigated.
Commissioner Geile moved to approve the request of Highland Dairy, LLC for a Site Specific
Development Plan and Use by Special Review Permit #1395 for an Agricultural Service
Establishment and Livestock Confinement Operation (10,000-head dairy, with six mobile homes
as accessory to the farm) 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#1.O, modifying
Condition #1.Q to add "and approved by the Department of Public Works," and relettering as
appropriate. The motion was seconded by Commissioner Long,and it carried unanimously. There
being no further discussion, the hearing was completed at 12:30 p.m.
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This Certification was approved on the 18th day of November 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, C LORADO
ATTEST: M w,m,41 '<I _
-:, C7 GI Vaad, Chair
Weld County Clerk to the ,Board '\ X \
ct
Y `� A. Z Da',id E. Lo o-Tem
Deputy Clerk to the Boa I li: u '/` `', e',.. `."
M. J. Geile /
TAPE #2002-37 and #2002-38 EXCUSED
Iliam H. Jerke \
DOCKET#2002-84 9J & ` \t\Robert D. Masden —
2002-3047
PL1636
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1395 - HIGHLAND DAIRY, LLC
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 08/20/02 and
08/06/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of sign posting
F. Applicant Drainage Study
G. Applicant Map of Off-Site Drainage Basin
H. Dan Casper Letter re: Notice of Mineral Interests owned
by Anadarko Land Corp. and Anadarko
E&P Company, LP (11/12/2002)
Applicant Photo from roof of barn facing east
J.
K.
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R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF NOVEMBER, 2002:
DOCKET#2002-85 - RAYMOND AND DORTHULA LOHR
DOCKET#2002-84 - HIGHLAND DAIRY, LLC
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