HomeMy WebLinkAbout20053175.tiff HEARING CERTIFICATION
DOCKET NO. 2005-82
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1231 FOR A LIVESTOCK CONFINEMENT OPERATION(DAIRY)AND ANIMAL
FEEDING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - LARRY AND
MARGARET DEHAAN
A public hearing was conducted on November 16,2005,at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 28, 2005,and duly published November 2,
2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Larryand
Margaret DeHaan for a Site Specific Development Plan and Amended Use by Special Review
Permit#1231 fora Livestock Confinement Operation(dairy)and Animal Feeding Operation in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chair Jerke advised the applicant's representative,Tom Haren,AGPROfessionals, 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 Vaad will listen to the record and make the determining vote. Mr. Haren
indicated he would like to proceed today.
Chris Gathman, 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 and surrounding land uses. He stated eleven
referral agencies reviewed this proposal,and ten responded favorably or provided comments that
have been addressed in the Conditions of Approval and Development Standards. He stated the
amendment will increase the total number of cows from 2,500 to 4,000,relocate the hospital parlor,
allow for new animal pens,relocate the manure storage and compost and silage areas to the west
side of the site, and allow self-contained silage storage bags along the southern boundary. Mr.
Gathman stated the applicants have already begun to locate the self-contained bags along the
southern boundary, and there is an existing single family residence in close proximity. He stated
landscaping was discussed at the Planning Commission hearing since it was a requirement that
was removed by the Board of Commissioners at the hearing for the original Permit in June, 1999.
He stated the applicant has provided a letter, marked Exhibit H, regarding their commitment to
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provide landscaping on the Sevcik property,which is located adjacent to the dairy entrance. Mr.
Gathman stated the applicant has also provided a letter, marked Exhibit I, addressing concerns
expressed by K.P. Kauffman Company, Inc. He stated changes were proposed at the Planning
Commission hearing that were not included in the Resolution of Recommendation, therefore, he
requested Development Standard #25 be modified to replace the words "five (5)"with "one (1)";
Development Standard #8 be amended to replace the word "of" with "or"; and Development
Standard #30 be deleted. Responding to Chair Jerke, Mr. Gathman stated the terms of
Development Standard #30 are addressed elsewhere in the Resolution. (Clerk's Note: In
accordance with the Planning Commission Minutes, Development Standard #34 was added to
state, "Lighting shall be in accordance with Section 23-2-250.D of the Weld County Code.")
Trevor Jiricek, Department of Public Health and Environment, stated there are Conditions of
Approval regarding the abatement of flies, odor, dust, runoff, and waste, in accordance with the
Confined Animal Feeding Operation (CAFO) Regulations.
Donald Carroll, Department of Public Works, stated Development Standard#30 may be deleted
since it is a duplicate of Development Standard #3. He stated the site will continue to use the
existing access from Weld County Road16,as no additional accesses will be granted. Responding
to Chair Jerke, Mr. Carroll stated the subject site is located approximately one mile north of State
Highway 52.
Tom Haren,AGPROfessionals,LLC,represented the applicant and stated his company has been
involved with this site for approximately ten years. He stated the site was originally the Bearson
Dairy;however, Darrell Bearson retired last year and the site was purchased by the applicants,and
operated by their son. He stated the changes consist primarily of new operation preferences.
Additionally,the old hospital parlor will be replaced so that the applicant will have the ability to keep
the milk of sick cows separate from milk of healthy cows. He further stated the applicants prefer
a closed facility, therefore, additional calves and replacement heifers will be kept on the site. Mr.
Haren stated the original permit allows 14 employee housing units, and additional units are not
requested. He stated all of the septic systems for the employee housing are permitted; however,
due to the change in ownership,the applicants have worked to improve the systems with staff and
the Colorado Department of Public Health and Environment. He further stated improvements
include two new stormwater ponds,an updated Manure/Nuisance Management Plan,and a modified
CAFO Plan. Mr. Haren stated the applicant has spent additional time resolving the concerns
regarding the septic systems,as well as addressing many of the remaining Conditions of Approval.
He stated a majority of the Conditions have been completed,therefore,the applicant is requesting
the Board grant the early release of building permits,which will allow some work to be done before
the upcoming winter season. He explained the building plans have been submitted and reviewed;
however,without special approval by the Board,the building permits cannot be released until the
plat is recorded. Responding to Commissioner Geile, Mr. Haren stated he is not aware of any
complaints regarding the facility,and there was no opposition to the proposal in 1999. He stated it
is in a good location,the applicants have worked with their neighbors,and the previous owners have
agreed to place trees on the adjoining neighbor's property to provide a buffer. He stated the
composting process will continue,and overall management of manure and wastewater will generally
remain the same,with the addition if two ponds. He further stated the applicant is also modifying
the CAFO Permit which will be submitted to the State. In response to Commissioner Masden, Mr.
Haren stated the site has storage lagoons,therefore,they are not designed for aerobic or anaerobic
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processing. He stated the previous owner was very frugal with water usage, and the applicants
intend to continue that practice since the site is connected to a city water tap, which can be very
costly.
Tom Sevcik,surrounding property owner, stated he attended the hearing for the original permit in
1999 and expressed opposition to the expansion of this facility. He questioned whether the
amendment will require the applicant to abide by the letter agreement regarding the planting of trees
as a windbreak. Mr. Sevcik stated the applicant is already expanding the site and locating silage
along the southern boundary,as proposed under this application. He requested assurance that the
landscaping will be done. ChairJerke referred to a letter,dated July22,2005,marked Exhibit H,and
stated the letter appears to establish a private contractual agreement between the landowners.
Mr. Gathman stated the landscaping agreement was discussed at the Planning Commission
hearing, and the applicants stated they would attempt to address the screening issues for the
Sevcik property. He stated the application proposes landscaping within the interior of the site,and
the letter outlines how the applicants intend to mitigate the neighbors'concerns. He further stated
the matter could be addressed in the Conditions of Approval;however,this situation is unusual since
the proposed landscaping will be outside the Use by Special Review Permit boundary. Mr.Gathman
stated staff has previously required landscape plans and collateral when dealing with on-site
landscaping. Mr. Morrison stated this matter could also be addressed by requiring an Off-Site
Improvements Agreement and the associated collateral;however,that process is typically used for
public improvements. He stated the Board is not precluded from addressing off-site private
improvements,and modifying the standard form accordingly. Responding to ChairJerke,Mr.Sevcik
stated those options would address his concerns. He explained there is not a formal contract;only
the letter that is in the record. He further stated he has a good working relationship with the
applicant. There being no further comments, Chair Jerke closed public testimony.
Mr. Haren stated the landscaping agreement is between the two parties, and he does not feel it
should be included in the Use by Special Review Permit since the landscaping will be on the
neighboring property. He stated the applicant is willing to put the specific landscaping arrangement
in a private agreement. Mr.Haren clarified the applicant is storing feed along the southern boundary,
which is a seasonal operation. He stated the Use by Special Review Permit is predicated on the
number of animals,and storage of feed should not trigger a violation since that area is designated
on the existing plat. Responding to Chair Jerke, Mr. Haren stated he feels a formal agreement will
be adequate to complete the necessary landscaping,and it is not appropriate to include those terms
in this Permit, since the improvements will not be within the Permit boundary. He stated the
proposed location for the landscaping is logical, it will be effective, and the applicant is willing to
enter into a private agreement,which would be enforceable through civic proceedings. He stated
the cost of landscaping will be a wise investment that will result in good neighbor relations and avoid
civil proceedings. Responding to Chair Jerke, Mr. Haren stated he and the applicant have reviewed
and concur with the Conditions of Approval and Development Standards,as proposed and modified.
In response to CommissionerGeile,Mr.Haren stated the property was transferred to the applicant
on April 30, 2004, and they have been operating the facility for the past year.
The Board indicated agreement with the modifications as proposed by staff. Regarding the early
release of building permits, Mr. Morrison stated early release is an administrative function of the
Board which should take place after the final determination on the Amended Use by Special Review
Permit application.
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HEARING CERTIFICATION - LARRY AND MARGARET DEHAAN (AMUSR#1231)
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Commissioner Long moved to approve the request of Larry and Margaret DeHaan for a Site Specific
Development Plan and Amended Use by Special Review Permit#1231 for a Livestock Confinement
Operation(dairy)and Animal Feeding Operation 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. He stated although the operation
will increase in size, the applicant has worked to mitigate the concerns of the neighbors, and it
appears to be a good operation. His motion also included modifying Development Standard#25 to
replace the words"five(5)"with"one(1),"amending Development Standard#8 to replace the word
"of" with "or," and deleting Development Standard #30. The motion was seconded by
Commissioner Masden, and it carried unanimously.
Commissioner Long stated the building plans have been reviewed and approved by the Department
of Buildings Inspections, and Mr. Gathman stated staff concurs with the request for early release
of building permits. Mr.Jiricek stated,if not alreadycompleted,obtaining percolation data and septic
permits are simple processes, and he has no concern with the request. The Board indicated
agreement with granting the early release of building permits. There being no further discussion,
the hearing was completed at 10:40 a.m.
This Certification was approved on the 21st day of November 2005.
APPROVED:
~� BOARD OF COUNTY COMMISSIONERS
�' ► E�'�`; WELD COUNTY, COLORADO
/�tit William H. eke, Chair
to the Board
,J tv1. .�ile, Pro-Tem
BY: l�(c t 2C d m"vi
D= ty Cler to the Board I �.
Da i. . Long
TAPE #2005-43 v _ )\1\1\C t /
Ro.ert D. Masden
DOCKET#2005-82 EXCUSED
Glenn Vaad
2005-3175
PL1316
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1231 - LARRY AND MARGARET DEHAAN
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 06/21/2005
and 05/17/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
09/29/2005
F. Applicant Letter re: Central Weld County Water
District bill for August 2005, dated
09/14/2005
G. Planning Staff Certification and Photo of sign posting
H. Thomas and Sheryl Sevcik Letter re: Landscaping Agreement, dated
07/22/2005
Applicant Letter of Response to K.P. Kauffman
Company, Inc., dated 08/19/2005
J.
K.
L.
M.
N.
O.
P.
Q.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF NOVEMBER, 2005:
DOCKET#2005-82 - LARRY AND MARGARET DEHAAN
DOCKET#2005-80 - BRYON LEGG, C/O PHILIP BREEDLOVE
DOCKET#2005-78 - ED ORR
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