HomeMy WebLinkAbout20031440.tiff HEARING CERTIFICATION
DOCKET NO. 2003-47
RE: CHANGE OF ZONE #1034 FROM THE R-5 (MOBILE HOME RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - GEORGE S. REYNOLDS
ESTATE, C/O MARGARET REYNOLDS, AND GEORGE S. REYNOLDS II
AND
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1405
FOR A LIVESTOCK CONFINEMENT OPERATION (2,500-HEAD MILKING COW DAIRY)
IN THE A(AGRICULTURAL) ZONE DISTRICT -AURORA DAIRY - COLORADO
A public hearing was conducted on June 18, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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, Pam Smith
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 23,2003,and duly published May 29,2003, in
the South Weld Sun,a public hearing was conducted to consider the request of George S. Reynolds
Estate,do Margaret Reynolds,and George S. Reynolds II,for Change of Zone#1034 from the R-5
(Mobile Home Residential)Zone District to the A(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services,
presented a brief summary of the Change of Zone proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr.Gathman gave a brief
description of the location of the site,which was rezoned to R-5(Mobile Home Residential)in 1981.
He stated historically there has been a feedlot facility on this site,which was permitted under Special
Use Permit#53 for 7,500 head of cattle, and it is not apparent why the zoning was changed. He
stated there are no mobile homes on this site; however, there are mobile homes on the existing
Colorado Dairy facility east of this site. Mr.Gathman stated the property owner plans to sell the site
to the applicant,Aurora Dairy-Colorado,which has also applied for Use by Special Review Permit
#1405 for a 2,500-head dairy, pending approval of this Change of Zone request.
2003-1440
PL1672
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HEARING CERTIFICATION - GEORGE S. REYNOLDS ESTATE, C/O MARGARET
REYNOLDS, AND GEORGE S. REYNOLDS II (COZ#1034) AND AURORA DAIRY -
COLORADO (USR #1405)
PAGE 2
In response to Commissioner Geile, Pam Smith, Department of Public Health and Environment,
stated the proposal to use the St. Vrain Sanitation District for wastewater treatment is part of the
Use by Special Review Permit, which will be considered following this case.
Don Carroll, Department of Public Works, stated the Colorado Department of Transportation has
requested the applicant use the existing access from State Highway 66. In response to
Commissioner Jerke, Mr. Gathman stated this property is 120 acres, and the applicant could
potentially have hundreds of mobile homes on this site because R-5 zoning allows one mobile home
for every 6,000 square feet.
Tom Haren, AGPROfessionals, LLC, represented the applicant and stated the R-5 zoning was
discovered during the application process for Use by Special Review Permit#1405 for Aurora Dairy
- Colorado. He stated if the Use by Special Review Permit is not approved, then the applicant
requests the R-5 zoning remain. Based on that request, Mr. Morrison suggested the Board table
consideration of the Change of Zone until the Use by Special Review has been determined.
Commissioner Jerke commented the current zoning does have value to the applicant if the Use by
Special Review Permit is not approved. Mr. Morrison stated the current zoning is not considered
a vested right because if the applicant chose to develop the site under the R-5 zoning, they would
still have several processes to complete. He suggested calling up Use by Special Review#1405
for the record, discussing both cases simultaneously, and then making two separate decisions.
I hereby certify that pursuant to a notice dated May23, 2003, and duly published May 29, 2003, in
the South Weld Sun, a public hearing was conducted to consider the request of Aurora Dairy-
Colorado, for a Site Specific Development Plan and Use by Special Review Permit#1405 for a
Livestock Confinement Operation(2,500-head milking cow dairy)in the A(Agricultural)Zone District.
Lee Morrison,Assistant County Attorney, made this a matter of record. Mr. Gathman gave a brief
description of the location of the site. He stated the southeastern portion of the site is located within
the floodplain of the South Platte River;however,no construction of buildings or lagoons are planned
within the floodplain. He gave a brief description of the surrounding property uses,and stated this
site was previously operated as a feedlot facility under Special Use Permit#53. Mr.Gathman stated
16 referral agencies reviewed this proposal, 15 responded favorably or provided comments which
have been addressed in the Conditions of Approval and Development Standards. He stated the
applicant is proposing trees along State Highway 66 for dust control and screening,and no calves
will be kept at this facility. In response to Commissioner Vaad, Mr. Gathman stated Special Use
Permit#53 was granted in the early 1970's and had approximately 7,500 head of cattle before the
R-5 rezoning occurred. TrevorJiricek,Weld County Department of Public Health and Environment,
stated the proposed facility will construct two new stormwater ponds and two settling ponds. He
stated all process wastewater will be subject to pre-treatment by the St.Vrain Sanitation District and
later directed to St. Vrain for further treatment and disposal. He stated this proposal is unusual
because part of the wastewater will be treated;however,staff feels this process will greatly reduce
nuisance conditions. In response to Commissioner Vaad,Mr.Jiricek stated this treatment system
will be separate from the adjacent dairy,but they may benefit if they have the option of tying into the
system once it is in place.
Mr. Carroll stated the trucks for the existing dairy to the east will utilize the access for the proposed
dairy at the top of the hill on State Highway 66, rather than at the bottom of the hill.
2003-1440
PL1672
HEARING CERTIFICATION - GEORGE S. REYNOLDS ESTATE, CIO MARGARET
REYNOLDS, AND GEORGE S. REYNOLDS II (COZ #1034)AND AURORA DAIRY -
COLORADO (USR #1405)
PAGE 3
Mr. Haren stated this site has been owned by the Reynolds family for three generations, and the
sales contract to Aurora Dairy is contingent upon approval of this Use by Special Review Permit.
He stated the reasoning for the R-5 zoning is unclear;however,if this Use by Special Review Permit
is not approved, the applicant wants to maintain the R-5 zoning and pursue other options for
development. He stated this proposal will reduce the number of head to 2,500,and a lower density
will result in better pen management. He explained the amount of stormwater will remain the same;
however, some of the existing lagoons will be removed, relocated, and replaced to meet current
specifications. Mr. Haren stated only water from the milk parlor and office facilities will be directed
to the St.Vrain Sanitation District. He stated stormwater will be directed to the lagoons; however,
the applicant does have the option of sending stormwater to the Sanitation District as well. He
further stated this area is experiencing development and growth, but the current owner does not
have many options for development next to an existing dairy. However, the proposed water
treatment system appears to be a wise investment because the initial investment is less than
traditional stormwater treatment facilities, and the infrastructure will be in place for future
development. Mr. Haren stated the applicant has met twice with the Grandview Estates
Homeowners'Association,and theywere in favor of the reduced density, bringing the site up to the
latest standards, and potentially bringing a sewer line closer to their development. He stated
Grandview Estates will be allowed an easement through the property to connect to the sewer line.
He further stated the Sekich family owns the property north of the site,which is under agricultural
production with a pivot sprinkler,as well as four acres which separates the proposed and existing
dairies. He further stated the applicant has entered into an agreement with the Sekich family to
grant an easement through this property for a sewer line if they pursue development options with
the Town of Mead. He stated the Sekich family has granted the applicant first right of refusal on the
four-acre parcel and the option to use stormwater from the lagoons for the pivot irrigation system.
For these concessions,the applicant has agreed not to store manure above the ditch,nor will they
use the A-1 Organics compost facility for their solid waste due to conflicts with the Sekich family in
the past. Mr. Haren stated there is an easement which crosses the four-acre parcel to allow the
existing dairy access from the access point at the top of the hill on the proposed facility. He stated
the topography of the site will block the view of pens and lagoons from Highway 66. He reiterated
that this proposal is separate from the existing dairy, but if approved, the existing dairy will cease
use of its access at the bottom of the hill and access through the proposed dairy, and use an
easement to cross the four-acre parcel. He stated the second positive factor of the proposal is the
relocation of the wastewater lagoons from along State Highway 66 to south of the pens. Mr. Haren
requested the Board reconsider the landscaping requirements because the front portion of the site
will only be used for parking and office facilities, with a majority of the site shielded from State
Highway 66 due to topographic features of the site. In response to Commissioner Vaad,Mr. Haren
stated all process water from the milking parlor and office facility will go to the St.Vrain Sanitation
District, both dairy facilities will be dry-scrape operations, and the lagoons are strictly for
stormwater. Responding to Commissioner Jerke, Mr. Haren stated the applicant predicts the
operation will use approximately 60,000 gallons of water per day, and because the St. Vrain
Sanitation District is at one-third of its capacity,they have indicated an ability to handle the proposed
load from this site. He stated they are requiring the applicant to size the line to handle anything in
the drainage basin, and anyone who connects to the line in the future will pay a proportionate
amount to the dairy. Responding further to Commissioner Jerke, Mr. Haren stated this will be a
valuable asset to the applicant once the area begins to develop. He further stated the site has great
views for potential residential development if the dairies are removed,and the infrastructure would
2003-1440
PL1672
HEARING CERTIFICATION - GEORGE S. REYNOLDS ESTATE, C/O MARGARET
REYNOLDS, AND GEORGE S. REYNOLDS II (COZ#1034) AND AURORA DAIRY -
COLORADO (USR#1405)
PAGE 4
be in place. In response to CommissionerGeile,Mr.Haren stated a geologist reviewed the site and
determined there are gravel deposits on the southern portion of the site,and there will be no dairy
activities in that area to hinder potential mining activities. He stated the new lagoons will be located
north of the gravel deposit. Responding to Commissioner Masden, Mr. Haren stated the applicant
will not be composting manure at this site,and there appears to be adequate support in the area to
take the solid waste for agricultural purposes in exchange for feed products. He stated all runoff will
be contained,and the manure will be temporarily stockpiled above the stormwater ponds until it can
be hauled away by local farmers for spring or fall crop spreading. He further stated the nuisance
management plans have been included with the application materials as required by the Conditions
of Approval. He stated they do not anticipate an increase in odors because there will be fewer cows
at the site,they are increasing the pen space which will be harrowed regularly,the process water
will be pretreated and returned to the Sanitation District for final treatment and disposal, and only
stormwater will be directed to the lagoons. Responding to Commissioner Vaad, Mr. Haren stated
the stormwater ponds are designed for detention only,they will be evaporative,and they also have
the option of draining the lagoons for irrigation purposes on the Sekich property or directing the
stormwater to the sewer system, if necessary.
No public testimony was offered concerning this matter. (Clerk's Note: Mr. Haren's testimony
reflects numbers prior to the deletion of Condition of Approval #1 as reflected in the Draft
Resolution.) Mr. Haren stated this site has historically been used for feedlot purposes,and under
the current proposal, the topography will assist in shielding traffic on State Highway 66 from the
feeding operations. He further stated the front portion of the site will be pasture or office facilities,
with paved or gravel parking areas,therefore,he requested Conditions#2.D,#2.L,and Development
Standard#32 be deleted regarding landscaping and screening along State Highway 66. In response
to Commissioner Masden, Mr. Haren stated there is a large silage storage area on the eastern
portion of the site, near the pens. He further stated the applicant will also be allowed to store
supplement equipment on the existing dairy, and dead animals will be removed by rendering
services. In response to Commissioner Vaad, Mr. Gathman stated concurs with the applicant's
request to delete Conditions#2.D,#2.L,and Development Standard#32,and suggested the second
to last sentence of paragraph#2.c be deleted for consistency. In accordance with Condition#2.J,
Mr. Haren requested the Board take action at this time to vacate Special Use Permit#53. He also
requested Condition of Approval #2.B be deleted because the applicant owns all the mineral
interests, notice was provided to the lease holders, and no response has been received. Mr.
Gathman stated staff typically requires the applicant submit a letter or agreement; however, they
have provided adequate evidence that all mineral owners and operators have been notified. In
response to Commissioner Vaad,Mr. Morrison stated deleting Condition of Approval#2.B is for the
protection of the applicant and it may be better to leave it in to ensure the process is completed
according to State statute in the event any of the mineral lease holders do decide to express
concern with the proposal. Commissioner Vaad indicated he would prefer the Condition be left in
the Resolution. Mr. Morrison stated the Board can waive the requirement that the applicant submit
a letter requesting vacation of Special Use Permit#53; however, the Board will still have to take
action on the matter in a regularly scheduled Board meeting.
Commissioner Jerke moved to approve the request of Aurora Dairy-Colorado,for a Site Specific
Development Plan and Use by Special Review Permit#1405 for a Livestock Confinement Operation
(2,500-head milking cow dairy)in the A(Agricultural)Zone District,based on the recommendations
2003-1440
PL1672
HEARING CERTIFICATION - GEORGE S. REYNOLDS ESTATE, CIO MARGARET
REYNOLDS, AND GEORGE S. REYNOLDS II (COZ#1034) AND AURORA DAIRY-
COLORADO (USR #1405)
PAGE 5
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
of Approval#2.D,#2.L,Development Standard#32,the second to last sentence of paragraph#2.c,
and to waive the applicant's requirement to submit a letter requesting vacation of Special Use
Permit#53 by deleting the first sentence of Condition of Approval#2.J.The motion was seconded
by Commissioner Vaad, and it carried unanimously.
Commissioner Vaad moved to approve the request of George S. Reynolds Estate, c/o Margaret
Reynolds, and George S. Reynolds II, for Change of Zone #1034 from the R-5 (Mobile Home
Residential)Zone District to the A(Agricultural)Zone District,based on the recommendations of the
Planning staff and the Planning Commission,with the Conditions of Approval as entered into the
record. The motion was seconded by Commissioner Masden, and it carried unanimously.
CommissionerJerke commended the applicant's agent for submitting a dairy proposal with sewer
treatment. He stated given the potential for development in the surrounding area,the sewer line will
benefit the applicant,the existing residents in the area,and any future developers. There being no
further discussion, the hearings were completed at 11:40 a.m.
This Certification was approved on the 23rd day of June 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLO ADO
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2003-1440
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#1034 - GEORGE S. REYNOLDS ESTATE/GEORGE S. REYNOLDS II
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 04/15/2003)
D. Clerk to the Board Notice of Hearing
E. Health Staff Referral response (05/06/2003
F. Planning Staff Evidence of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF JUNE, 2003:
DOCKET#2003-47 - GEORGE S. REYNOLDS ESTATE
DOCKET#2003-48 -AURORA DAIRY- COLORADO
DOCKET#2003-46 - GREAT WESTERN RAILWAY COMPANY OF COLORADO, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS -
John� Doe ` 123 Nowhere Street, City, State, Zip
D.iwiaP J kinP.IN1 �/[T11 Q (LkP-7 - toas--0% ^Notent 4.; S-A /4;5A. Sp.�.js, FL 3265/-3
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WINDSOR Joseph P. Plummer,MCP
Director of Planning
Town of Windsor
COLO
301 Walnut Street Office:(970)686-7476
Windsor,CO 80550 Fax:(970)686-7180
www.windsorgov.com jplummer@windsorgov.com - •
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