HomeMy WebLinkAbout20040546.tiff HEARING CERTIFICATION
DOCKET NO. 2004-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #227 FOR A LIVESTOCK CONFINEMENT OPERATION (3,000 CATTLE) IN
THE A(AGRICULTURAL) ZONE DISTRICT - CORNISH PLAINS LIVESTOCK, LLLP
A public hearing was conducted on February 11, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Katyryniuk
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 23, 2004, and duly published January 29,
2004, in the South Weld Sun, a public hearing was conducted to consider the request of Cornish
Plains Livestock, LLLP,fora Site Specific Development Plan and Amended Use by Special Review
Permit #227 for a Livestock Confinement Operation (3,000 Cattle) in the A (Agricultural) Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Masden
advised the applicant's representative,Clair Orr,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,CommissionerJerke will listen to the record and
make the determining vote. Mr. Orr indicated he would like to proceed today.
Michelle Katyryniuk,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.
She gave a brief description of the location of the site and the surrounding uses. She stated 12
referral agencies reviewed this proposal,nine responded favorably or provided comments that have
been addressed through the Conditions of Approval and Development Standards,and staff received
no correspondence from surrounding property owners. Ms. Katyryniuk stated the original Use by
Special Review (USR) Permit was approved in 1973 with a condition that limited the number of
cattle based on the pen size. She stated the property is 160 acres;however,the USR boundary will
be amended to 80 acres, with a maximum of 3,000 cattle.
Trevor Jiricek, Department of Public Health and Environment,stated a majority of the Conditions
of Approval address nuisance conditions and compliance with the Confined Animal Feeding
Operation (CAFO) Control Regulations. He stated the site does not meet current regulations;
however, the Conditions of Approval will bring it into compliance. Responding to Commissioner
Geile, Mr. Jiricek stated the CAFO requirements will be addressed prior to recording the plat. He
further stated the Planning Commission discussed the ditch that crosses the property and whether
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it collects stormwater or if it carries irrigation water to users downstream. Either way it will still be
subject to the CAFO Control Regulations.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 74,which is a local gravel road with 60 feet of right-of-way. He stated the applicant will be
required to utilize the existing access points,and the average daily traffic count is 120 vehicles in
a 24-hour period. In response to Commissioner Vaad, Mr. Carroll stated Weld County Road 392
is scheduled for paving; however, it will not be paved east of the Town of Galeton.
In response to Commissioner Geile, Ms. Katyryniuk reiterated the current permit indicates the
amount of animals is limited to the pen size, not an exact number; however, this amendment will
reduce the permit boundary to 80 acres and a maximum of 3,000 cattle. She stated the owners
previously had a lot of adjacent property that allowed more animals as a Use by Right. Mr.Morrison
explained the permit must be brought into compliance with current regulations because the size and
ownership is changing. In response to Commissioner Vaad, Ms. Katyryniuk displayed various
photos of the site and surrounding area.
Clair Orr represented the applicant and submitted a photo, marked Exhibit E. He read a portion of
the Home Rule Charter preamble for the record, and referenced Sections 22-1-120.6 and
22-2-20.E.5 of the Weld County Code. Mr.Orr stated the original application was considered by the
Planning Commission on December 26, 1973,for 20,000 cattle and 25,000 lambs. He stated the
exact number was not included in the Board of Commissioners Resolution;however,the Board did
review the application materials and approved the request based on the Planning Commission
recommendation,with the addition of four conditions. He further stated the ditch runs through the
center of the property,and there was a Condition of Approval which addressed the ditch in the event
of future construction. Mr. Orr stated the facility did operate under a Use by Right based on land
ownership,and operation never expanded to the size allowed under the original permit. He stated
the capacity of the existing structures is approximately 3,000 cattle, and he explained this facility
raises cattle to be sold to feedlots where they mature to full size. He stated this is in an area that
may experience residential growth in the future,therefore,the current owner and potential buyer both
want to ensure the site is properly permitted.
Gordon Brown, current property owner, stated he has operated this facility since 1973 with cattle
and sheep,and he would like to sell to the Millers who intend to continue the current operations. In
response to Commissioner Vaad,Mr. Brown stated there was a storm event when 12 inches of rain
fell on Highway 14. He stated some of the stormwater went through the Larimer/Weld Ditch above
his property and some flowed into the Coal Creek Ditch that crosses his property. The remainder
of the water spread across flat ground and was blocked by Highway 392 and was diverted into the
extension ditch and Crow Creek. Commissioner Vaad commented he wants to ensure that during
a similar high-water event, that the retention ponds are adequate to meet CAFO Control
Regulations. Mr. Brown stated the pens were not flooded and the retention ponds were adequate.
Rich Miller,potential buyer of the property,stated he currently rents and farms near the Town of Gill,
and he has several different locations where he feeds cattle. He stated due to residential growth,
their cattle operations continue to get pushed further out, and this appears to be an ideal location
ten miles from his home. He stated the cattle are raised to approximately 700 or 900 pounds and
then sold to feedlots. He further stated they began operating at this facility in July 2003,and if this
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permit is approved, they will close on the property on February 13, 2004. Responding to
Commissioner Geile, Mr. Miller stated he owns 750 acres of crop land, as well as pasture. The
manure will be spread on his land, and there will be no composting piles on this site. There being
no further comments, Chair Masden closed public testimony.
In response to Chair Masden, Mr. Orr stated the CAFO Control Regulations are currently being
revised for consistency with federal regulations, and they will not be completed until July 2004.
However,the Browns and Millers both support and agree with the proposed revisions. He stated
the applicants have provided the scaled dimensions of the existing structures and corrals,which
should address Condition#1.E.4. He stated they still need to delineate the right-of-way for Weld
County Road 74 on the plat. Mr.Orr expressed concern with Condition#1.H because Weld County
Road 74 generates more dust than the subject facility,which has small pens used on a seasonal
schedule. He stated Condition#1.1 should not be required because the systems are adequate,and
a new permit will be required in the event the system fails. He further stated Condition#1.J will be
addressed by the CAFO Control Regulations. Regarding Condition#1.L,Mr.Orr stated the facility
structures will not change, and requiring the applicant to delineate parking spaces in front of the
office is unreasonable. He stated staff needs to take into account that these will not be mature
cattle, so the well water will be adequate, and there is a 25,000 gallon cistern which can also be
used for stock water and fire protection. He further stated the facility has operated for 30 years,
which proves there is an adequate water supply. In response to Commissioner Vaad,Mr.Orr stated
the lake shown in Exhibit E is part of the Coal Ridge drainage system and is not located within the
USR boundary. He stated it is very rare for the lake to have water in it because the average rainfall
in this area is 10 inches. Responding to Commissioner Vaad, Mr. Jiricek stated the new CAFO
Control Regulations will address stormwater containment on the facility. He further stated
Condition #1.H requires the applicant to submit various nuisance plans, and each plan has a
corresponding Development Standard to ensure the facility is operated in accordance with the
submitted plans, and they provide mitigation measures if there is ever a problem. He stated staff
can provide examples from similar facilities to assist the applicant. Commissioner Geile
commented this requirement is for the benefit of the applicant because if the plans are not in place
the State can take jurisdiction. Responding to Commissioner Geile, Mr. Orr stated the source of
water is two wells located on the site, there is a cistern that can be used for backup, and there is
adequate water for 3,000 cattle, which is a set number regardless of the size of the animals.
Commissioner Geile commented he feels the plans are a positive requirement which are not
detrimental to the applicant. Mr. Orr expressed concern with dust abatement when a lot of dust
blows onto the site from Weld County Road 74. (Switched to Tape #2003-08.) Responding to
Commissioner Long, Mr.Jiricek stated the plans are site-specific,and if staff receives a complaint
they would use the plans as a guideline and would take road dust into account.
In response to Commissioner Vaad, Mr. Jiricek stated Condition #1.1 is a standard language for
systems that do not have a permit and need to be brought up to code. Ms. Katyryniuk requested
Condition#1.L remain because the dimensions need to be 1 inch equals 100 or 200 feet; they do
not typically deal with the scale that was provided in the application materials, and the correct
dimensions need to be on the plat. Commissioner Vaad commented the remaining language in
Condition #1.L regarding parking is not appropriate for this site, and he is in favor of deleting
Condition#1.M. Ms. Katyryniuk explained staff just wants the parking area designated on the site
in the event there is a problem with off-site parking. Mr. Orr stated the applicant is agreeable to a
Condition which prevents parking on a County road;however,the site operations require vehicles
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at various locations on the site. He stated this is 80 acres of private property and that requirement
is intrusive. Chair Masden suggested the language be modified to prohibit off-street parking.
Commissioner Long commented identifying the parking spots does not require parking there,rather,
it supports that there is adequate parking on the site if there is a problem in the future. Mr. Miller
stated they have 3,000 head of cattle and only one employee.
Commissioner Vaad suggested modifying Development Standard #22 to state, "No staging or
parking shall be allowed on the right-of-way for Weld County Road 74." Mr. Carroll concurred with
that proposal. Commissioner Geile suggested Condition#1.L be modified to state, "The applicant
shall submit the dimensions of the buildings/structures to the Department of Planning Services."
He also suggested deleting Condition#1.1. Commissioner Long concurred because if the system
fails the property owner will be required to get a new permit and bring the system up to code at that
time. Mr. Jiricek explained the intent is to document the system and make sure it is functioning
properly. Commissioner Geile commented it is apparent that the use will remain and the language
is not necessary. Mr.Morrison clarified the language provides for a review and ensures the system
is functioning properly. Commissioner Geile moved to delete Condition#1.1,modify Condition#1.L,
amend Development Standard#22,and delete Condition#1.M. Commissioner Long seconded the
motion, which carried unanimously. Commissioner Vaad commented Condition #1.J is
unnecessary if the applicant is going to comply with the new CAFO Control Regulations;however,
he feels the nuisance plans required under Condition#1.H should be required. Commissioner Long
concurred and commented Development Standard#23 is not necessary because this is an existing
historical use. Commissioner Vaad commented the gravel surface will help eliminate the possibility
of manure,mud,and other materials on the County road. Commissioner Long suggested a gravel
surface only be required at the entrance area. Mr. Carroll agreed and proposed a 50-foot gravel
surface be required at the entrances. He stated Weld County Road 74 is also scheduled to be
re-graveled sometime in 2004. The applicant concurred with the discussed changes.
Commissioner Vaad clarified Development Standard #23 should be modified to state, "The
accesses onto the property shall be surfaced with gravel or the equivalent fora distance of 50 feet
from the County right-of-way and shall be graded to prevent drainage problems." Mr.Jiricek stated
Condition #1.N is no longer needed and can be deleted. There being no further discussion, the
motion was modified to include the discussed changes and it carried unanimously.
Mr. Orr stated the applicants were required to provide notice to the subsurface mineral owners,
which cost approximately$900 dollars. He stated the legislative intent is to provide notice regarding
any new surface development; however, in this case there will be no changes and that should not
have been required. Mr. Morrison stated the $900 was a fee to a private party. He agreed the
applicant could proceed without further delay;however,the County process still requires notice to
the mineral owners and the information was used for that intent. He further stated the issue was
not raised until the applicant was faced with timing issues. Mr. Morrison stated staff provides the
information regarding State statute; however, the County does not provide a form of notice to be
used or direct how it needs to be accomplished. Commissioner Geile commented he does not
want the notification issue to cloud this application, and he feels it would be better to discuss the
matter in a separate work session and consider how to improve the process for the future.
Commissioner Long commented this sale will facilitate a family business and allow it to remain in
the area,and he appreciates the coordination between staff and the applicant to enhance agriculture
in Weld County.
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Commissioner Long moved to approve the request of Cornish Plains Livestock, LLLP, for a Site
Specific Development Plan and Amended Use by Special Review Permit#227 for a Livestock
Confinement Operation (3,000 Cattle) 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
Conditions#1.1,#1.J,#1.M,and#1.N,amending Condition#1.L to state,"The applicant shall submit
the dimensions of the buildings/structures to the Department of Planning Services", amending
Development Standard#22 to state,"No staging or parking shall be allowed on the right-of-way for
Weld County Road 74",and amending Development Standard#23 to state,"The accesses onto the
property shall be surfaced with gravel or the equivalent for a distance of 50 feet from the County
right-of-way and shall be graded to prevent drainage problems." The motion was seconded by
Commissioner Geile, and it carried unanimously. There being no further discussion,the hearing
was completed at 11:30 a.m.
This Certification was approved on the 18th day of February 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: /,,/
^^fl '` Robert D. Masden, Chair
Weld County Clerk tot = c.: . n
-Shp EXCUSED
William H rke, Pro-Tem
BY:
Deputy Clerk to the B ° € ✓
eile
TAPE #2004-07 EXCUSED DATE OF APPROVAL
David E. Long
DOCKET #2004-16
Glenn Vaad
2004-0546
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#227 - CORNISH PLAINS LIVESTOCK, LLLP
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 02/03/2004)
D. Clerk to the Board Notice of Hearing
E. Ed Orr Aerial Photograph of site
F.
G.
H.
J.
K.
L.
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R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF FEBRUARY, 2004:
DOCKET#2004-16 -CORNISH PLAINS LIVESTOCK, LLLP
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