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Home My WebLink About20051096.tiff HEARING CERTIFICATION DOCKET NO. 2005-18 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1405 FOR A MILK PROCESSING FACILITY WITH A FUTURE EXPANSION, ALONG WITH A LIVESTOCK CONFINEMENT OPERATION (1,700 MILKING COW DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT -AURORA ORGANIC DAIRY A public hearing was conducted on March 16, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem - EXCUSED 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, Chris Gathman Health Department representative, Troy Swain Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 25,2005,and duly published March 2,2005, in the Fort Lupton Press,a public hearing was conducted to consider the request of Aurora Organic Dairy for a Site Specific Development Plan and Amended Use by Special Review Permit#1405 for a Milk Processing Facility with a future expansion, along with a Livestock Confinement Operation (1,700 milking cow dairy) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,made this a matter of record. Chair Jerke advised the applicant's representative,Thomas Haren,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 Geile 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 and entered the favorable recommendation of the Planning Commission into the record as written. He stated they are requesting a 28,803-square-foot milk processing facility, with the possibility for a 19,000-square-foot future expansion,for 1,250 milking cows and 450 replacement heifers and dry cows, for a maximum of 1,700 cows. Mr. Gathman gave a brief description of the location of the site and surrounding land uses. He stated 14 referral agencies reviewed this proposal, and 11 responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards. He stated the primary purpose for the amendment is to allow a dairy processing facility on the site,and the livestock confinement operation will be reduced from 2,500 to 1,250 milking cows. He requested the title and text of the Draft Resolution be modified to state "1,700-cow dairy" because only 1,250 are milking cows and the remainder are dry heifers. 2005-1096 HEARING CERTIFICATION -AURORA ORGANIC DAIRY (AMUSR#1405) PAGE 2 Troy Swain, Department of Public Health and Environment, requested the Board delete the second sentence of Development Standard#17 and subparagraph"A"because it is redundant. He further stated there has also been some change with the applicant's duty to apply pursuant to a recent court decision. Mr.Carroll stated the facility has one main existing paved access from State Highway 66,and there is adequate parking and circulation throughout the facility. He stated he did some research on the section line between Sections 29 and 30 and found there is no County right-of-way, therefore, he has no concern with future improvements being placed in future right-of-way. Mr. Haren stated the public can only see the top portion of the facility from State Highway 66, and the primary changes are to downsize the amount of livestock and expand the processing operation. He stated they concur with the deletion of the second sentence of Development Standard#17 and subparagraph"A"because of a recent circuit court decision. Responding to Commissioner Vaad, Mr. Haren stated the St. Vrain sewer line is located within the site and extends from the private pre-treatment plant, and out across the Rademacher property. He stated the private line makes sure they have a point on the sewer where they can get as much of the property gravity fed in the future. He stated the St.Vrain Sanitation District required the line be sized for the next 20 years of anticipated growth in the gravity basin that will serve the line,and they have agreements with each of the users to pay a pro-rated share of the expense over the next 20 years. He further stated the applicant has completed their portion and it is in operation. Responding further to Commissioner Vaad, Mr. Haren stated the line is 19 inches in diameter,and the pre-treatment plant is contracted to Rainey Environmental Services. He stated there have not been any discharges above the limits allowed by the St. Vrain Sanitation District, and any changes in the overall system will require changes in the private facility. He further stated if the system exceeds the levels allowed by the St. Vrain Sanitation District,the contingency plan is tied into the livestock operation to where they can come off the sewer system, bypass back to the stormwater lagoons, fix the problem, and then repump the water to the pre-treatment plant within two or three days. In response to Commissioner Masden, Mr. Haren stated there is a buffer in the plan,which includes a holding cell; however,that has been changed in the amended application. He further stated the water comes from the milk processing facility, and does not go through a solids separator before it enters the pre-treatment facility. No public testimony was offered concerning this matter. In response 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,including the deletion of the second sentence of Development Standard #17 and subparagraph "A". He stated building permits on the pretreatment plant have been on hold pending approval of this hearing. He stated the deadline on those permits was February 23, 2005, and inspectors would not come out since this hearing was pending. He stated the time has expired and he requested the applicant not be required to repay the fees. Mr. Morrison stated that discussion is not appropriate in relation to the Use by Special Review hearing. ChairJerke stated that will be discussed later and the Board will provide direction to staff if the applicant has done due diligence to complete this process. 2005-1096 PL1673 HEARING CERTIFICATION -AURORA ORGANIC DAIRY (AMUSR #1405) PAGE 3 Commissioner Vaad moved to approve the request of Aurora Organic Dairy for a Site Specific Development Plan and Amended Use by Special Review Permit#1405 for a Milk Processing Facility with a future expansion, along with a Livestock Confinement Operation (1,700 milking cow dairy) in the A (Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval and Development Standards as entered into the record. His motion also included deleting the second sentence and subparagraph "A" under Development Standard#17. The motion was seconded by Commissioner Long. Responding to Chair Jerke, Mr. Gathman stated the Resolution just needs to be modified to reflect this is a 1,700-cow dairy since the application indicates there will be different types of livestock. There being no further discussion,the motion carried unanimously and the hearing was completed at 10:30 a.m. This Certification was approved on the 21st day of March 2005. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1114447 cr-t> William H. Jerke, Chair f uf.�gu_ rk to the Board EXCUSED M.Zetiecovstrely, DepU lerk to the Board D ' Long TAPE #2005-16 1141°-- Robe D. Masdgn DOCKET#2005-18 p,tuC Glenn Vaad 2005-1096 PL1673 EXHIBIT INVENTORY CONTROL SHEET Case USR#1405 -AURORA ORGANIC DAIRY 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 01/18/2005) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF MARCH, 2005: DOCKET#2005-18 -AURORA ORGANIC DAIRY DOCKET#2005-20 -AGGREGATE INDUSTRIES -WCR, INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe l 123 Nowhere Street, City, State, Zip l / J Son 3U�(o (2Ja��. �� ✓ C(JPJfis (AJ/ U� or-O‘)3/ i� 1�c�T Y� �1-35o Nw1 i (M Lonamt +≥ CAD ',os-a4+ -1-bm �JCW�' r� 3St) h\ I H 1p ID Lnn r.,vynon} ) C o e,c /1/99 1.J. /g0-4h A 3 (o,k ciao ) G�¢c. cC cO RD023Le IK�r,>4txri 4olf) kii*DT7Nti, 3,12� wi Npi--sef2, (A Fk7`So Jaime, 7laA, Ti :Thouiches no-7 Cole- RI vat . mx 6-z.) on . 80q) • Hello