HomeMy WebLinkAbout20050107 HEARING CERTIFICATION
DOCKET NO. 2005-03
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1441 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN
ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT (LIVESTOCK TRAILER
WASHOUT,TRUCK TERMINAL,VEHICLE REPAIR,AND FUELING STATION) IN THE
A (AGRICULTURAL) ZONE DISTRICT - L. W. MILLER, LLC
A public hearing was conducted on January 12, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 21, 2004, and duly published
December 29, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of L.W. Miller, LLC,c/o AGPROfessionals, LLC,for a Site Specific Development Plan and
Amended Use by Special Review Permit#1441 for a Business Permitted as a Use by Right or an
Accessory Use in the Industrial Zone District(livestock trailer washout,truck terminal,vehicle repair,
and fueling station)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,
made this a matter of record. Kim Ogle, 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. Ogle gave a brief description of the location of the site and
surrounding land uses. Responding to Chair Jerke and Commissioner Masden, Mr.Ogle reviewed
the surrounding uses which are permitted as a Use by Special Review. He stated 11 referral
agencies reviewed this proposal, and ten provided comments that have been addressed in the
Conditions of Approval and Development Standards. He stated the City of Greeley has expressed
numerous concerns,and staff has received one letter from a surrounding property owner. Mr.Ogle
stated the existing use was approved in May 2004, and this amendment is for the addition of a
fueling station and conversion of the onion storage building to a truck terminal. He explained the
applicant purchased the onion processing facility due to concerns from the previous owner
regarding contamination of the produce. He stated the applicant is also proposing to change the
washout facility from private to public;however,the fueling station would be restricted to private use.
Responding to Commissioner Geile, Mr. Ogle stated the original permit is limited to 20 trucks, and
the amendment would remain at 20 trucks; however, it would change where they come from.
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TrevorJiricek, Department of Public Health and Environment,stated the issues that could potentially
affect public health are nuisance conditions such as odor and groundwater contamination. He
stated he feels the Conditions of Approval and Development Standards address those issues,and
he noted the applicant has submitted various abatement plans and will be required to apply for an
Individual Discharge Permit from the Colorado Department of Public Health and Environment.
Donald Carroll, Department of Public Works, stated the site is accessed from Highway 263, it is
a 30-foot access, and the first 100 feet must be paved or concrete to prevent tracking onto the
highway system and to minimize dust. He stated the parking area will be surfaced with recycled
asphalt,which is good for controlling dust from the trucks. Responding to Chair Jerke regarding the
additional use at the onion facility, Mr. Carroll stated the Colorado Department of Transportation
(CDOT) has indicated it does not feel the traffic counts are accurate and its recommendation
remains unchanged. In response to Commissioner Masden, Mr. Carroll stated there will likely be
trucks coming in to fuel and not using the washout facility,so it is likely there will be a slight increase
in the overall trips generated by the site.
Lauren Light,AGPROfessionals,LLC, represented the applicant and stated the site was originally
approved on May 12,2004,and the applicant had purchased the onion facility prior to that hearing,
although they could not include it in the permit due to legal publications. At the direction of the
County,the applicant later applied for this amendment to include that facility,as well as change the
truck washout from private to public, and add a fueling station. Ms. Light stated L.W. Miller, LLC,
owns and farms land in the area, and there are feedlots in the area. She stated they have added
landscaping to mitigate the concerns of the neighbors to the south who purchased their site in 2002.
Ms. Light displayed the new site configuration and explained the onion storage building will be used
as the main terminal building,the washout bay location will not change,and the shop will be within
the terminal. She stated it will be a dry shop with all maintenance waste to be picked up by a
contracted company,there is a water tap from the North Weld County Water District,and they have
approval from the Health Department for a shared septic system for the office and the truckers
lounge. She stated the only change will be to an existing building rather than constructing a new
shop building. She further stated the site is located in the airport overlay zone,which they view as
an advantage because the area can not be used for residential development or a high-intensity use.
She stated it is located within close proximity to feedlots, Highway 263 is a direct route to
Highway 66 or Highway 85 and the packing plant. Ms. Light stated the City of Greeley has recently
expressed concern regarding odor and they would have been more than willing to address odor
further if the concerns had been expressed earlier. However,she asserted the odor will be minimal
because there will be no animals on the site,and the number of trucks being washed will still be the
same. She stated this facility has been compared to the Greeley Washout; however,she feels that
is an unfair comparison because that facility did not have the wastewater treatment process that
is being proposed, it had no acreage for land application, and it is located three miles closer to
Greeley. She further stated L.W. Miller, LLC, is a nationwide company and has had no odor
complaints at its Utah facility. Ms. Light stated a groundwater discharge permit is required from the
Colorado Department of Public Health and Environment prior to operation,therefore,there will be
another agency regulating the facility. She stated the water will be used for agricultural production
rather than being discharged into a sewer system. She noted public sewer is located 1.5 miles
away and the applicant cannot consider connecting unless the property is annexed,and the property
is not adjacent to the City's municipal boundary at this time. She also noted the facility will be
required to connect to public sewer if the property is annexed, and the applicant intends to apply
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treated water to the land located between the site and the City's municipal boundary. She stated
a Management Plan has been provided in accordance with Condition#1.D.6 and there are other
requirements that will ensure the odor is being regulated. Ms. Light reiterated the number of trailers
washed will be regulated based on what the system can handle. She stated the applicant has
shown concern for the neighbors'concerns,and commented there will likely be less livestock trucks
due to recent reductions at the meat packing plant. In summary, she stated the only changes will
be adding a fueling station, which the applicant is willing to make a private station versus
commercial,and they will be using an existing building for the terminal and repair facility. She noted
that regardless of this decision,the applicant is approved for the existing use, and whether public
or private, the number of trucks will be regulated by the capacity of the waste water management
system. She further stated the same notes will be shown on both plats,the site is located in the A
(Agricultural) Zone District, and the location supports the area's livestock industry.
Matt Cain,AGPROfessionals,reviewed the wash bay and the washout process for the record. He
stated the system will clean water by separating out the solids, then it will be run through a
processing pond. He stated it will be an aerobic pond which reduces the nitrogen and ammonia that
cause odor, and from that point the water can be pumped into the adjacent pond to be utilized for
irrigation. He stated the sprinkler system uses a drip-type application so the particles do not
become airborne. In response to Commissioner Vaad, Mr.Cain stated this will be an aerobic pond
up to 12 feet deep,versus an anaerobic pond which typically requires depths greater than 12 feet.
He stated there will be no sprinkler or aeration process; however,the shallow allows oxygen to get
to the depths required to process the materials in the pond. He further stated the water will be
recycled and used to wash additional trucks, and the average turnover of the lagoon is estimated
to be 30,000 gallons per day for the recycled and processed washout water, and the lagoon is
approximately 12-acre feet. He explained an aerobic lagoon results in gases from manure;
however, in this situation the odor will be dilute because all of the solids will be removed and taken
off the site. An anaerobic system results in higher concentrations of methane. Responding to
Commissioner Vaad, Mr.Jiricek stated part of the reason for pre-treatment is to not upset the public
sewer system, and that also factors into how a facility is billed by the sanitation district. He stated
this system is already setup to do part of the pre-treatment by removing the solids,therefore, they
would likely get a large reduction if the facility were accepted and serviced by a sanitation district.
Commissioner Vaad commented the sewer line at the airport is a forced main uphill,so it is not just
a simple solution for the applicant to connect to public sewer. Responding further to Commissioner
Vaad, Mr.Jiricek stated at the Aurora Dairy a high quantity of milk also contributed to why they had
to do additional pre-treatment,and at the subject facility they might have to do some pre-treatment
prior to discharge and set up a local package plant on the facility,which is feasible. In response to
Commissioner Masden, Mr. Cain stated the odor will be minimal because the wastewater will be
very diluted, and most odor caused by feedlots is generated by the solid manure. He stated flies
and mosquitos may be an issue with the presence of a pond, but flies are more likely to be drawn
by solid manure. At this facility the solid manure will be hauled off the site to be land applied or taken
to a composting facility. He explained the system can load the solids directly into a truck or onto a
stacking pad that will be emptied once its full. Responding to Chair Jerke, Mr. Cain reiterated this
facility will have a ten to twelve-acre-foot pond, with the solids already removed to create a large
dilution, as well as being processed with an aerobic system. In response to Commissioner Geile,
Mr. Cain stated the system is designed for an average of 20 trucks per day. Responding to
Commissioner Vaad, Mr. Cain stated based on the depth of the pond and the surface area, the
oxygen levels should be adequate; however, they will modify the system accordingly if it is found
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lacking. Responding to Commissioner Long, Mr. Cain explained the solids that are removed and
placed on the pad and will be very dehydrated due to the screening process, and the water will go
through an aerobic process. He stated there will not be enough water or time to start the
composting process that typically results in odors. He further stated based on the amount of
business, the solids will be stacked from two weeks to a month. He explained the composting
process cannot start without enough water,and composting facilities compost materials for one to
three months. Mr. Cain stated the applicant is not interested in the composting business, nor will
they likely be able to produce enough, and the surrounding neighbors have offered to take the
material as it becomes available.
In response to Commissioner Geile, Ms. Light stated the applicant is leasing the existing truck
terminal in Greeley and paying to use the Greeley Washout. She stated they have invested in this
site and the adjacent onion facility in an effort to discontinue the cost of leasing. She stated the
applicant does not have a contract with the Greeley Washout and the proposed supporting uses will
support the truck terminal operation. Responding to Commissioner Masden, Ms. Light stated the
fueling station was requested as a convenience for their own private trucks, and they will have to
get another access permit from CDOT prior to commencing that use. She stated they do not feel
the fueling station will generate more truck traffic. Responding to Commissioner Long, Ms. Light
stated the onion building is very large,and currently they only intend to do private repairs; however,
in the future they may request to expand to a commercial use.
Tom Selders,Greeley Mayor,stated the City's Comprehensive Plan has an Urban Growth Boundary
that includes the airport and the proposed site. He stated economic development begins with
establishing a community's reputation that appeals to businesses, which is based on a well-
educated work force, land for development, political support, and a community that is free of
environmental detriments. He stated the City wants to deter businesses that negatively impact the
quality of life and business climate in the City. He stated this is a land use that will have negative
impact on the community, the business airport, and the business corridor. He stated they feel a
truck washout could be developed without such impacts; however, this applicant has not
demonstrated willingness or ability to develop in such a way. Mayor Selders referred to the East
18th Street Feedlot,which resulted in very unpleasant conditions in 1994 due to a hot,wet summer.
He stated Greeley and Weld County received a petition to correct the odor situation,and there have
been instances where performers and special guests come in and make insulting remarks about
the area's odors. Responding to Commissioner Geile, Mayor Selders stated the City's concerns
are related to what the possible impacts of an expansion may be,with the understanding that the
original use has already been approved. Chair Jerke noted the facility was approved in May 2004,
and approval or denial today will not change that fact.
Don Feldhaus, Greeley Council member, stated they can survey city residents to gain an
understanding of their feelings. In 1996 Greeley adopted an odor ordinance to address the situation.
He stated they conducted a survey and later did a follow up survey in the Spring of 2004, to see if
there were differences from the earlier perceptions. Mr. Feldhaus referenced the survey results,
marked Exhibit G. He stated they found the odor concern had dropped in importance since the
conditions had improved; however, 10 percent of the residents still feel the odor affects them
physically or emotionally. He stated they found that the perception of their home is very important
to area residents, and some indicated they feel the odor results in lower property values, altered
activities, with some even being bothered indoors. Mr. Feldhaus stated offensive odors have a
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negative impact on the community and hinders businesses. He stated the Airport reports 90
percent of winds come from the East/Northeast,which means the odors from this facility will effect
the City of Greeley. He stated the odor situation has improved over time,and the survey suggests
that although there is still some work to do,the City's proactive efforts are paying off. Responding
to Commissioner Long, Mr. Feldhaus stated the primary issue of concern is the odor that will be
generated by the truckwash,since it appears the daily amount of trucks allowed may increase from
ten to twenty trucks.
Greg Thompson, City of Greeley Planner,stated the City is concerned with odor generated by the
site, as it is permitted, potentially expanded, or operated in the future. He stated the original
application was vague regarding how odor would be addressed, and this time the consultant has
put together an application for this type of use. Mr. Thompson stated the original referral came to
the City indicating there would be ten trucks per day. He submitted a packet including various
documents, marked Exhibit H, and stated the truck limit was doubled at the Commissioners'
hearing, which allowed for no additional review by referral agencies. He stated the original
application also provided for an internal holding tank, although this application has a significantly
different treatment facility proposed. He further stated the County Attorney advised the Board to only
review the information provided in the application and disregard any potential future amendments,
and it does not appear due process was followed. Mr. Thompson stated the proposal changed
three times under one application,which violates Section 23-2-200.C of the Weld County Code,and
the Board adopted modified Conditions and Development Standards to make the proposal work.
He stated the plat was recorded without certain Conditions of Approval being met or completed,and
some of the items still have not been completed to date. The Department of Public Health and
Environment has provided a memorandum,dated January 10,2004,indicating the applicant has not
submitted a Waste Water Permit,Above Ground Storage Tank Permit, nor a detailed Design and
Operation Plan for the washout. He questioned why the plat was recorded without having
completed all of the Conditions, as well as an alteration from a "maximum"to an "average"of 20
trucks. Mr. Thompson also questioned whether the applicant is being allowed to circumvent the
rules because the Building Permit shows the currently proposed layout which is not yet approved,
rather than not the original design, and the Union Colony Fire Authority has many comments that
still need to be addressed regarding the Building Permits. He stated an integral part of this operation
will be the land application; however, that area has not been included in the amended permit
boundary. He stated the 60-acre site proposed for land application is under contract and will be
purchased if this amendment is approved. He stated the applicant has a facility in Logan, Utah,and
that facility removes materials on a daily basis,thus no odor complaints,and he questioned why the
applicant is not offering the same feature here rather than every 30 days. Mr.Thompson stated the
County Planning Commission made comments regarding the significant changes in the application,
and he questioned how the applicant will use biofilters with a stacking pad and open lagoon. He
questioned the lagoon's size,how much water will be recycled,whether there is adequate capacity
for the winter months when water cannot be land applied,and how often the manure will be removed
to control flies. He stated the design of the containment has not been addressed or provided to the
Health staff,and the odor plan waits for a problem rather than providing a proactive plan to prevent
odor. Mr.Thompson referred to Section 23-2-230.B.3 of the Weld County Code which addresses
compatibility. He stated odor can go up to six miles from the point of origin,and he displayed a map
showing what portions of Greeley could be affected. Responding to Commissioner Masden, Mr.
Thompson stated the"six-mile radius"comment came from the Illinois Environmental Protection
Agency,the wind comes predominantly from the East/Northeast,and the map is a realistic depiction
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of those areas that could be impacted. However, the applicant has not provided adequate
information to determine the exact scientific results that may occur. He further stated there are
approximately 60 odor generators within five miles of the City, and the origin of odor depends on
where the wind is blowing. He also referenced Section 23-2-230.6.4 and stated the proposal will
not be compatible with the airport, nor is it compatible with Greeley's Master Plan. He stated
Section 23-2-230.B.7 addresses the health,safety,and welfare of the inhabitants,although odor can
have adverse impacts of those within six miles of a site,the issue of odor has not been adequately
addressed. Mr. Thompson stated Section 23-2-230.E provides standards for recording a plat;
however,the plat was recorded without requiring the applicant to comply with all of the Conditions
of Approval. He stated the Design Standards address sewer service, and there is a private sewer
line that runs adjacent to the property along Weld County Road 62 and connects to the sewer
lagoons for the nearby feedlots, which he feels may be an option worth pursuing. In response to
Commissioner Masden, Mr.Thompson stated the sewer line comes from the Monfort packing plant
and goes to the lagoons at the feedlots, and it is a forced main. He referenced studies from
Universities of Purdue and Minnesota regarding the impacts of odor,and he stated the City's primary
request is that the County ensure the criteria is met in an effort to control or prevent odor. He
suggested one option of the Board would be denial of this application and revocation of the previous
permit which was inappropriately approved. He also suggested a continuance of this application
until a viable Design and Operations Plan is in place that is acceptable to all, and not granting an
early release of Building Permits. Responding to Chair Jerke, Mr. Morrison stated generally the
Conditions are those requirements that have to be satisfied at various stages in the process, many
of which are prior to recording the plat. He stated if the applicant was given a sign off,then the items
that are lacking may not be enforceable,and the Board needs to review what the staff represented
to the applicant. He further stated Conditions are things that are to be taken care of and go away,
while the Development Standards remain in place while the facility is operating. He stated the
applicant was present in the hearing and knows what was required of them, and at this point he is
uncertain what staff did or did not sign off on. Mr. Jiricek noted all of the items from the original
permit have been requested again for this plat, in addition to new items. Mr. Morrison stated
although some of the Conditions have not been completed, that does not render the initial permit
invalid. He stated it does require an action of the Board to revoke a permit, and he noted that
approval of the original permit was not challenged within the 30-day appeal period. Responding to
Commissioner Masden, Mr. Thompson stated it was not his intent to insult the Board; however,
there does appear to a disregard for the criteria that must be met. He stated the applicant has not
completed a Design and Operations Plan, even though the plat was recorded, and that plan is
needed to ensure the odor is controlled. He further stated the community has an odor problem,the
proposal has changed without further review by the referral agencies, and the City only wants to
ensure the facility is approved with appropriate safeguards. Commissioner Vaad commented he
did not appreciate Mr.Thompson's statement that the original permit was"inappropriately approved"
by the Board. He stated it is fine to have a difference of opinion regarding the use; however, he feels
the original application was appropriately approved, and there was no appeal of the decision.
Ed Phillipsen,Greeley Mayor Pro-Tem,stated the City makes a thorough review of cases,as does
the County, and they want to consider what potential impacts there may be. He requested the
Board consider the neighborhood surrounding the proposed use. He stated the City incorporated
the Airport's Master Plan into the City Comprehensive Plan, and the City and County are partners
in the Airport Authority. Mr. Phillipsen stated he sits on the Airport Authority and as a pilot he
understands how surrounding uses can affect an airport. Mr. Phillipsen stated east Greeley and the
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adjacent unincorporated area in Weld County is now predominantly home to hundreds of
residences, businesses and institutions, and he believes that trend will continue. He questioned
how the proposed use will benefit those landowners,and the public uses in that area. He stated in
2003, Greeley citizens approved Quality of Life 2A Package,which provided for a new swimming
venue in east Greeley. Although the site has not yet been determined, it will likely go in next to the
Balsam Sports Complex which will attract residents to the community. Mr. Phillipsen stated they
must consider how they market and enhance the economic impact to the community, and he also
expressed concern with potential discharges from the facility into the Poudre River. He stated the
City is investing large amounts of funding into the Downtown Center,and most of the residents who
live east of 23rd Avenue will be affected. He stated,as proposed,the Board cannot give a guarantee
that those area residents will not be adversely impacted. Responding to Commissioner Vaad, Mr.
Phillipsen stated he did not address the areas north or east of the site due to prevailing winds that
come into Greeley from that direction. Commissioner Vaad commented the fact still remains that
what exists in that direction are the large feedlots which contribute to odors in Greeley.
Bob McFadden, City of Greeley Planning Commissioner,expressed concern with the lack of detail
presented at the Planning Commission hearing. He stated some of the detail is now coming
forward. He further stated the presentation also referenced the conditions at the Logan, Utah,
facility; however, the primary differences are that facility is connected to public sewer and the
wastes are removed daily. Mr. McFadden referenced a study from Purdue University which traces
odors caused by land application and manure storage facilities. His concern is the applicant intends
to land apply on the same areas used by the nearby feedlots in an effort to mitigate their problems.
He stated when plans come forward without appropriate detail it causes concern by those in the
surrounding area, and he feels it best to delay approval of this application until all parties are
comfortable with what is being proposed.
Pam Shaddock, Greeley City Council Member At-large, stated the City of Greeley did express
objections to the original proposal, yet it was approved, and there is also concern that there is not
sufficient detail to complete an adequate review. Ms.Shaddock stated the City has spent$850,000
to purchase a feedlot north of Greeley,and they cannot leave to happenstance that this facility may
be an additional odor generator when they are also investing$780,000 into a future control tower at
the airport. She requested the Board delay its decision until the Odor Abatement Plan is in place.
In response to Chair Jerke, she stated she discussed the time schedule for construction of the
control tower with the airport manager who indicated the federal government is willing to spend
$780,000 in the Greeley community. Chair Jerke stated the tower will cost significantly more than
that to complete.
David Clarkson, area resident, stated the Greeley area used to have many problems with odor
generated from feedlots and the sugar plant. Mr.Clarkson recalled when Kenny Monfort took steps
to construct sewage lagoons at his facilities or remove feedlots from the area north of Greeley
because he felt they were no longer in the best interest of the community. He stated odor has been
a concern for a very long time,and after negative press coverage,the City of Greeley began to take
a very proactive approach to odor generators in the area.
(Switched to Tape#2005-04) John Wilke,surrounding property owner,questioned where the sign
was posted for the original hearing and why the notice was published in the Fort Lupton Press.
Chair Jerke explained four years ago the Board tried an experiment with publishing legal notices in
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the Greeley Tribune, and it was found that it made no difference in who attended hearings. He
explained the newspaper bid is granted each year to the low bidder. Mr.Wilke stated he did find a
small notice in the Tribune for this matter. Mr. Morrison added a notice is posted on the site, as well
as on the Board's agenda and the County website, and the public does have the option of
subscribing to receive the weekly agendas or the annual newspaper. Mr.Wilke questioned who will
monitor and enforce the odor levels and the number of trucks. He stated he has no scientific data
that there is odor coming from area feedlots; however, he does experience odor at his home. In
response to Commissioner Masden, Mr.Wilke stated he does not know which dairy or feedlot the
odor is coming from;however, he made the point that he does not live within six miles of any feedlot
and yet he is impacted. Mr.Wilke stated Greeley residents approved$180 million in encumbrances,
and it is very likely if this issue were put to a vote of the same people, it would be denied.
Harry Felderman, area resident, stated he is a member of the Colorado Aeronautics Board and a
past member of the Airport Authority. He stated a lot of money has been invested into the airport
by federal, state and local agencies. He stated the City will continue to invest in an airport that is a
job generator for the community,and area representatives must consider whether it is an attractive
site. He stated some companies that have contemplated coming into the area have expressed
concern with the odor and unsightly uses in the area.
Chair Jerke recessed the hearing until 1:30 p.m. Upon reconvening, with there being no further
comments, Chair Jerke closed public testimony.
Thomas Haren, AGPROfessionals, LLC, represented the applicant and stated his company has
considerable experience in designing animal confinement facilities, and they have constructed
approximately 100 lagoons in the Rocky Mountain region,and they also deal with the same types
of equipment and land application. Mr.Haren stated he has struggled with the rationale from the City
of Greeley regarding this application. He stated the terminal and truck wash have already been
approved for this property, and this amendment will be for the exact same intensity and use
including: 20 trucks per day, the same waste management system, and the same controls and
oversight. He stated the only reason for the amendment is to incorporate the onion facility, modify
the legal description, remove the terminal building from the old plan, remodel the newly acquired
onion facility for use as a terminal, incorporate a fueling station,and change from private to public
use. Mr. Haren stated this is an appropriate location for this type of use because it needs to be in
an Agricultural Zone District, near a major corridor with adequate water, power, and access, and
near similar uses. He noted he has been involved with the private main that services the sewer
lagoons at the nearby feedlots, it is uphill from the proposed facility, and use of that line is not a
negotiable issue with the owner. Mr. Haren stated although he understands odor can travel an
average of five miles, it must also be considered that there are 12 more feedlots or dairies within
five miles of the proposed site, as well as a truck wash which also contribute to the odor issue. He
stated this facility will be slightly further from Greeley than the competing truck wash, and this
location is limited to other uses because it is within the Airport Overlay District, and it is ideal
because it is located between where the cargo comes from and where it is delivered. Mr. Haren
questioned the appropriateness and source of conflicts of land use at the urban rural interface as
it applies to this case. He stated Weld County has the most experience in dealing with the conflict
between the growth of cities in a county that is a significant contributor to agriculture nation wide.
He stated the City of Greeley has stated this is too close to its city limits and Urban Growth
Boundary(UGB),yet they would like to annex the property and be within one-quarter mile of 50,000
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head of cattle. He stated the County has designated zoning with corresponding rules and
regulations for locations in which specific uses can occur, and he is opposed to allowing cities to
annex into those areas with perceived problems and then request the Commissioners to correct
the problem at the applicant's expense. He stated the urban rural interface must be considered by
the City because the applicant is abiding by the County's rules, and the City needs to realize it is
growing into an agricultural area and accept that these types of uses exist. In response to
Commissioner Vaad, Mr. Haren stated they cannot land apply when the ground is frozen or
saturated;however,in Colorado there are only limited windows when they do not have the ability to
land apply. He stated their standard is to construct lagoons with a four-month capacity, they
generally dewater in the fall, and there is less biologic activity when it is colder. He stated this
system will be much more diluted than most dairies and feedlots and he does not foresee a problem
with odor. In response to Commissioner Masden, Mr. Haren stated they are willing to address the
frequency of removing the solids through the management plan; that is not typically addressed in
the Development Standards. He described how the screening process works,and stated they have
a commercial composting facility lined up to use the materials. Responding to Chair Jerke, Mr.
Haren stated they calculated the length of time and number of cattle that will be on the trucks,
with 20 trucks for 365 days per year, and the final amount is very minimal compared to a full-time
dairy or feedlot. He stated the treatment system is similar to those used on dairies, commercial
operations, and municipalities, and it is very difficult to compare the proposed facility to a dairy or
feedlot because the amounts generated are so different. Commissioner Geile commented the truck
washout is already approved, and this amendment is for a truck terminal. He questioned how a
truck terminal is compatible with the surrounding area given they could potentially have 50 trucks.
Mr. Haren stated the applicant is currently leasing space at the Greeley Washout, as well as at a
facility in Greeley, and they are requesting more than what they are currently leasing at the
suggestion of the Board at the prior hearing given they had purchased additional room. He explained
the area consists of feedlots, CDOT, storage yards, the airport, industrial facilities with heavy
equipment, produce operations, and truck traffic already exists in the area.
Responding to Chair Jerke, Chuck Webb, Livestock Operations Manager,stated they have seven
employees at the current facility in addition to 30 truck drivers. He clarified this is not a truck stop,
rather this is a terminal to park their own equipment,with the occasional outside truck that could use
the facility to washout and add fuel.
In response to Commissioner Vaad, Mr. Jiricek stated surveillance of the facility will only be in
response to complaints, at which time they will conduct an investigation in accordance with State
rules. He further stated when measuring the odor levels, they must take readings up-wind and
down-wind, which allows them to discriminate and determine where odors are coming from.
Responding to Commissioner Vaad, Mr. Ogle stated the map depicting the airport within the
municipal boundary is as recent as May 2004. In response to Commissioner Geile, Mr. Jiricek
stated County staff made an error that allowed the plat to be recorded prior to all the conditions
being completed; however,if approved,the amended plat will include all of those issues and more
that will need to be addressed prior to recording the new plat. Responding to Commissioner Long,
Mr. Jiricek stated the Odor Abatement Plan should demonstrate what the applicant is going to do
to minimize odor at the property line. Additionally, they will not be allowed to exceed the 15-to-1
threshold or additional measures will be put into place. In response to Chair Jerke,Mr.Jiricek stated
staff would not oppose modifying Development Standard#33 to allow for an average of 20 trucks
per day because the system is designed accordingly. Chair Jerke commented he would like the
2005-0107
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HEARING CERTIFICATION - L. W. MILLER, LLC (AMUSR #1441)
PAGE 10
number of trucks to be averaged weekly,and in the event this amendment is not approved, he would
like the applicant to publicly acknowledge that they will abide by the original Conditions regardless
of whether or not the plat was recorded in error.
In response to ChairJerke, Mr.Haren stated should this application be denied,the applicant will still
remain in compliance with the previous Conditions and Development Standards. He stated he does
not believe the plat was recorded in error because the Waste Management Plan was reviewed and
approved by the County Health Department;however,the State Health Department later came back
with more comments. He clarified the original conditions did not require an odor abatement plan,
but one will be required as part of this application. He stated they would like any reference to the
number of trucks to state an average of 20 trucks per day,they are agreeable to a weekly average,
and they agree with the remaining items. Mr. Ogle requested Development Standard #11 be
modified to state,"The facility shall be operated in accordance with the approved Odor Abatement
Plan. Odors detected off site,shall not exceed the level of 15-to-1 dilution threshold, as measured
pursuant to 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 15-to-1 dilution
threshold, or in the judgement of the Weld County Health Officer, there exists an odor condition
requiring abatement." In response to Chair Jerke, Mr.Jiricek stated the 7-to-1 dilution threshold is
used for residential areas. Mr. Haren stated the applicant concurs with the addition,and the Board
indicated agreement with the change.
Commissioner Geile stated he feels it is important to reiterate the importance of agriculture in Weld
County. He stated in 2000 they conducted a study regarding the future viability of the Swift meat
packing plant in Weld County. At that time there were 2,500 employees and ConAgra was spending
$925 million locally,with$215 million in labor costs which,when spent in the community, resulted
in impacts to 14,000 jobs in Weld County. Since that time,there has been a reduction of 800 jobs,
which must be absorbed by the community, in additional to changes in the industry. He stated he
supported the original case because he felt they dealt with a competitive disadvantage, with the
understanding that they would use this facility for their own equipment. However, the proposed
amendment to allow commercial uses could cause some economic constraints on the other truck
wash, and the proposal could be construed to fit with Section 23-3-300 which deals with the intent
of the Industrial Zone District, thus creating a competitive disadvantage for existing companies.
Commissioner Geile further stated this request is to go from a private to a commercial truck
washout that is open to the public, with a repair shop and fueling station and parking for up to 50
trucks. He cited Section 23-2-230.B.3 and B.4 and stated he still agrees with his original finding for
a truck washout for the applicant's private use; however, he does not support a commercial
operation at this site. He stated it will create a competitive disadvantage to a surrounding business
and it will move the use to a truck terminal which he does not feel is compatible with the surrounding
area.
Commissioner Vaad stated he appreciates the fact that odor does have negative impacts on the
community, there are over 60 confined animals feeding operations within five miles of the City of
Greeley, and Weld County is fully aware of the issue of an agricultural/urban interface. However,
he is uncertain of any detectible additional odor from the applicant's activity, especially when the
prevailing winds blow over 59,000 cattle and a waste water treatment plant before passing over the
site and into the city. Commissioner Vaad stated he does find compatibility based on
2005-0107
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HEARING CERTIFICATION - L. W. MILLER, LLC (AMUSR#1441)
PAGE 11
Section 23-2-230.B.3 because there are two confined animal feeding operations that total 59,000
cattle, in addition to 12 dairies within five miles. He stated Section 23-2-230.B.4 addresses future
compatibility, and the City has designated this area as estate. He stated that will not likely occur
unless the feedlots leave, in which case the truck washout will also cease.
Commissioner Masden stated there are 59,000 cattle within half a mile,and they already have the
right to operate the washout with 20 trucks, whether it be for personal or commercial use. The
primary change relates to fueling and truck repairs,which does not deal with the issues of manure
or odor. He stated the Health Department does have the ability to take enforcement measures if the
facility is not in compliance. He further stated the application complies with Section 22-2-60.A.3
because the related activities are needed for trucks that haul livestock,therefore, he supports the
application. Responding to Commissioner Geile,Commissioner Masden clarified 20 outside trucks
could be allowed if this application is approved,and the only discussion among the Board has been
on public record during this proceeding.
Commissioner Long stated most of the testimony centered around the prior application, not the
amendment. He stated if this is approved, any of the issues which were not completed under the
prior application,will be enforced with this Resolution. He stated he did not hear testimony regarding
expansion of the terminal building or the fueling aspect, and the referral from the airport indicated
no opposition. He stated the access to the existing truck wash is very hazardous, whereas this
application offers another opportunity for safer access to a similar facility. He further stated there
is a large number of trucks disposing of effluent on the State Highway and County roads, which
indicates there is further need for this type of facility. Commissioner Long stated the expanded use
appears to be compatible with the existing surrounding land uses,and the Odor Abatement Plan will
mitigate the concerns. He stated there is new technology being used,there appears to be vendors
interested in helping dispose of the materials,and the applicant and the consultant have substantial
experience in this same type of process. He stated this is part of the agricultural industry,which is
an important industry in Weld County, and this appears to be an appropriate location.
Chair Jerke stated the amount of waste generated by the truck washout equates to 115 head of
cattle, which is minimal in relation to the 59,000 cattle located one-half mile away. He stated the
consultant deals with many similar types of agricultural facilities,and the applicant has a very good
reputation for being a responsible trucking company, which leads him to believe this will be
professionally run. He stated despite the annexations shown on a map, in reality,greater Greeley
is still some distance away. The amendment is to provide a terminal for repairs, fueling, with a
commercial component,and this will likely contribute to the economic well-being of the County and
City of Greeley.
Commissioner Vaad moved to approve the request of L.W.Miller,LLC,do AGPROfessionals, LLC,
for a Site Specific Development Plan and Amended Use by Special Review Permit#1441 for a
Business Permitted as a Use by Right or an Accessory Use in the Industrial Zone District(livestock
trailer washout,truck terminal,vehicle repair,and fueling station)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 modifying Development Standard#11 as proposed by staff,and modifying Development
Standard#33 to state, "The trailer washout facility shall not exceed a weekly average of 20 trailers
per day." The motion was seconded by Commissioner Long. Commissioner Geile stated he does
2005-0107
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HEARING CERTIFICATION - L. W. MILLER, LLC (AMUSR#1441)
PAGE 12
not support this application because in reality it should be called a truck terminal, which is not
compatible with the surrounding area. Upon a call for the vote,the motion carried four to one,with
Commissioner Geile opposed. There being no further discussion, the hearing was completed
at 2:30 p.m.
This Certification was approved on the 17th day of January 2005.
APPROVED:
' BOARD OF COUNTY COMMISSIONERS
1861 ° _ ''//��//���� WELD COUNTY, COLORADO
ATT.ES'�': "ii 4 ` �/ 1,"' (AYE)
William H. J; e, Chair
Weld County Clerk to the Board /
NAY
M. . eile, Pro-Tem
BY: J//pA-4ard
Deputy Clerk to the Board AYE
- id E. Long
TAPE #2005-03 and #2005-04 "�, V\4 % V AYE
Robe D. Masden /
DOCKET#2005-03 � 'L i AYE
Glenn Vaad
2005-0107
PL1718
EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #1441 - L. W. MILLER, LLC, CIO AGPROFESSIONALS, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/07/2004)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Response to Greeley's Concerns
(12/07/2004)
F. Applicant Management Plan, dated 12/2004
G. Don Feldhaus Odor and Vehicle Emissions Air Quality
Survey 2004
H. Greg Thompson Packet including: USR Questionaire,
Hearing Certification for Docket 2004-42,
Plat, Odor Potential, E-mail from Char Davis
dated 1/10/05, Report from Union Colony
Fire/Rescue Authority dated 01/07/05,
Applicant's Management Plan for Nuisance
Control (Duplicate - See Exhibit F), Letter
from City of Logan, UT dated 12/06/04,
Purdue Air Quality Study dated 01/05/05, Air
Pollution Facts, and Study from University of
Minnesota dated 01/07/2005
Planning Staff Certification and Photo of sign posting
J.
K.
L.
M.
N.
O.
P.
Q.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
c 7?4, 1 log' 62 /�r g; (1 o . pay ,/
Moo 1 U h"(. ST -t1:-9 CIAO nil g
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