HomeMy WebLinkAbout20011945.tiff HEARING CERTIFICATION
DOCKET NO. 2001-53
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1327
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND A LIVESTOCK
CONFINEMENT OPERATION (1,350-HEAD DAIRY) ALONG WITH THREE MOBILE
HOMES FOR EMPLOYEE HOUSING IN THE A (AGRICULTURAL) ZONE DISTRICT -
COCKROFT DAIRY FARM, C/O scorr COCKROFT
A public hearing was conducted on August 8, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern - EXCUSED
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 20, 2001, and duly published July 25, 2001, in
the Tri-Town Farmer and Miner,a public hearing was conducted to consider the request of Cockroft
Dairy Farm, do Scott Cockroft, for a Site Specific Development Plan and Use by Special Review
Permit#1327 for an Agricultural Service Establishment and a Livestock Confinement Operation
(1,350-head dairy)along with three mobile homes for employee housing in the A(Agricultural)Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman,
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. Ms. Lockman
gave a brief description of the location of the site, and stated the site has a Non-Conforming Use
Permit for 641 head of cattle. Ms. Lockman stated the site is currently in violation of the Weld
County Code. The Department of Public Works, Division of Wildlife and the Department of Public
Health and Environment have expressed concern regarding the access between the two portions
of the property, an overflow of untreated sewage into the South Platte River, and the location of
the waste water retention structure in the 100 Year Flood Plain. Ms. Lockman stated the applicant
is now proposing to pump sewage to the retention structure which will be located on the northern
boundary of the property. She stated the applicant has been cited for being in violation of the
Confined Animal Feeding Operations (CAFO) Control Regulations on November 1996, October
2000,and April 2001. Ms. Lockman stated the site is currently under evaluation due to the October
2000 discharge, and she gave a brief summary of other CAFO Control Regulations which have
been violated by the applicant. She further stated a referral was received from the Office of State
Engineers, Division of Water Resources, which indicated the existing water supply from the well
cannot supply water to the dairy and expressed concern that there may not be an adequate supply
of water from the North Weld County Water District. She requested Condition of Approval #2.K
2001-1945
IS7L� Al?) PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, CIO SCOTT COCKROFT
(USR#1327)
PAGE 2
be added to state, "The applicant shall submit evidence of an adequate water supply for all dairy
needs to the Weld County Department of Planning Services. Should the water supply be
inadequate for the proposed 1,350 head of cattle and associated dairy needs, the maximum
number of cattle shall be lowered in accordance with the water supply." Ms. Lockman stated she
has received two letters of opposition and one letter of support from surrounding property owners.
She displayed photographs taken at the site showing derelict vehicles, miscellaneous debris, the
calf and cattle pens, and vehicles parked along Weld County Road 388.
Chair Geile advised the applicant's representative,Thomas Haren,AgPro Environmental Services,
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.
In response to Chair Geile, Trevor Jiricek, Weld County Department of Public Health and
Environment, stated this is not an ideal location; however, there are ways to make this operation
compatible. Ms. Lockman clarified Weld County Road 388 subdivides the property and the dairy
facilities are located on ten acres which is technically only allowed 40 head of cattle as a Use by
Right. Mr. Jiricek stated the applicant also has the ability to exercise their Use by Right on the
north side of the road; however, the milking parlor is on the south side of the road. Don Carroll,
Department of Public Works,stated Weld County Road 388 is designated as a collector status road
which requires 80 feet of right-of-way, and there is presently 60 feet. He stated the applicant
should reserve an additional 10 feet of right-of-way,and he referred to Condition of Approval#2.A.4
which restricts the applicant to only one access for the operations located north of Weld County
Road 388 for safety purposes. He further stated Development Standard#20 requires the applicant
to provide gravel on the access and feed alleys for all-weather access,and Development Standard
#21 prohibits parking along Weld County Road 388.
Responding to Commissioner Masden, Mr. Jiricek stated the facility has been cited for two illegal
discharges which took place in October 2000, and April 2001. He stated the applicant has
negotiated an agreement with the State; however, he has no written verification of an agreement
at this time. Ms. Lockman stated the site also has a zoning violation due to the presence of more
than 641 cattle on the site, as well as the presence of derelict vehicles. In response to
Commissioner Jerke, Mr. Jiricek stated on October 11, 2000, the applicant indicated they were
milking 700 cattle and that there was 1,000 head on the site. He further stated the violations will
be resolved by complying with the CAFO Control Regulations, and the applicant is still negotiating
with the State regarding civil penalties due to the discharge violations. Mr. Morrison added the Use
by Special Review Permit will help eliminate future violations; however, the applicant will still have
to deal with the current penalties.
Mr. Haren displayed an overhead showing the current conditions, and stated this dairy is a Non-
Conforming use located on 10 acres of the overall property. He explained the dairy was placed
here in the 1940's, and it was later split from the remainder of the property by Weld County Road
388. Mr. Haren confirmed the applicant is currently milking more than 600 head, and the number
specified in the application also includes the number of animals they have on pasture land and
along the river. Mr. Haren stated this permit will not allow for expansion of the dairy, but will simply
address the violation issues and bring the site up to date and into compliance. He further stated
2001-1945
PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 3
the applicant has been working to provide some flood control measures by placing armoring along
the river near the primary lagoon, which was constructed in the 1970's. He stated the secondary
lagoon was constructed recently; however, it is not lined nor completed. He stated the proposed
lagoons are adequate for a 25-year storm,24-hour storm event;however,they would like to ensure
that there is enough storage under any conditions. Mr. Haren stated both discharge violations have
been combined at the State level and will be settled following a 30-day public comment period. He
reiterated the applicant is not proposing to expand, and no new buildings will be constructed south
of Weld County Road 388. Mr. Haren stated the applicant is proposing to remove the uncompleted
lagoon and turn that area into a pumping station that would be automatic and connected to a
generator. He stated a similar system was recently approved near Del Camino and has been
approved by the State. Mr. Haren stated they are working with FEMA to flood proof the existing
storage structures which will be pumped to a lagoon located on the northern boundary of the
property. Mr. Haren explained all separation will take place at the new lagoon,which would not be
in the flood plain; it would be situated on more suitable soils, and the location will be better suited
for land application since it will be at the top of the field. He further stated a retention area will be
designed to contain runoff from the calf area and also act as a tailwater pond for irrigation water
from the fields.
Mr. Haren stated the applicant did meet with the surrounding property owners. They conducted
soil borings throughout the entire field and found the heavy soils to be located at the northern
boundary. Following those findings, the applicant is now proposing to reorient the new holding
pond to face north and south and locate it on the northwestern boundary as indicated in Exhibit G.
Mr. Haren stated the applicant has diligently been working to bring the site into compliance. They
will not be expanding the operation,and there will be no new facilities other than those required for
environmental controls. He stated if this request is denied, the applicant will still be required to
comply with the CAFO Control Regulations; however, they would only be allowed 40 animals by
right which is a serious concern for the financial viability of the dairy. Mr. Haren referred to the
photographs displayed by Ms. Lockman and stated they were taken shortly after a wet spring snow
storm so the area was muddy. In response to Chair Geile, Mr. Haren stated there are no CAFO
provisions for dewatering a holding pond during the winter; however,they cannot land apply when
the ground is frozen if it will result in runoff. He stated the structures will be designed above that
required for a 25-year, 24-hour storm to allow for additional storage when land application is not
an option. He displayed a bill from the North Weld County Water District showing the current
allocation is more than adequate. He stated the application indicates they will add 450 dry cows,
they are currently milking more than 600, and the other cows are at pasture on a neighboring
property. He stated the application amount also allows for the rotation of animals at the site without
resulting in a violation.
Jack Holman, surrounding property owner to the east, stated although the Department of Public
Works has limited the number of accesses to one on the north side of the road, there are still four
accesses on the south side of the road. He indicated the various accesses create a traffic hazard,
and general traffic traveling at excessive speeds only adds to the problem. Mr. Holman stated
if this request is approved, speed limit signs should be posted to indicate a truck traffic crossing,
Stop signs should be posted at the accesses entering the roadway, and parking should not be
allowed along the road. Chair Geile clarified there is a Condition of Approval limiting the northern
operation to one access from Weld County Road 388. Mr. Holman suggested the south side be
limited to one access as well, which would line up with the access to the north. Mr. Carroll stated
2001-1945
PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 4
that although he would like to decrease the number of accesses to Weld County Road 388, the
current design of the dairy makes it difficult to adjust at this time. He explained the accesses to
the south are feed alleys, and the milking parlor abuts the road. He further stated this dairy fronts
on a curve, which results in poor sight distance, and the problem is increased with high speeds.
Commissioner Masden suggested the applicant close some of the alleys and back out when they
get to the end. Mr. Carroll submitted a Memorandum, marked Exhibit I, requesting appropriate
signage. Mr. Holman stated the placement of speed limit signs and truck traffic warning signs may
be very helpful.
James Holman, surrounding property owner to the east, stated he concurs with the previous
comments regarding traffic hazards. He further stated some of the farm equipment used does not
have proper lights. He stated the dairy is in a poor location near the river, and dairy cows which
get out of the pens also cause a traffic hazard. Mr. Holman stated the proposed holding pond to
irrigate the field will result in an irrigation flow back to the river, which should be stopped before
reaching the river.
Robert Wardlaw, surrounding property owner, stated he does business with the applicant and he
supports the application. In response to Mr. Wardlaw regarding right-of-way, Mr. Morrison
explained a road running through a property does determine the number of animal units allowed
on each portion of the property. The fact that legal descriptions go to the center of a road or to a
section line does not mean the property owners have full ownership of the right-of-way. He
explained the courts determined that a public road cannot be incorporated into the standard
operations of a property located on either side of the road. Mr. Wardlaw stated the traffic hazards
are not limited to this dairy, and the traffic speeds should be monitored in rural areas. He stated
the Cockrofts have applied for this permit in order to bring the site into compliance, and they have
already addressed many of the issues. In response to Commissioner Masden,Mr.Wardlaw stated
he has five accesses to his property, which is located on a blind corner.
Tim Scofield, surrounding property owner, stated he has known the applicant since 1966, and he
works with them in a custom harvest business. He stated there are other properties in the area that
have derelict vehicles worse than this. He concurred with the comments made by Jack and James
Holman, and added speed reduction signs would be helpful due to the bend in the road and slow
moving traffic used by the dairy and other farmers in the area. Mr. Scofield stated there have been
limited violations at this site during the past 60 years, and the applicant is taking steps to provide
better management for a dairy of this size. He further stated the proposed pump station will be
automatic and connected to a generator,which should be an adequate safeguard for the operation
of this facility.
Duane Wallin, Bi-State Machinery, stated although this is not an ideal location, the applicant has
been improving the site, and he requested this matter be approved.
Wayne Graffis,Capital Resources Funding Group,stated he represents the applicant's lender. He
explained from a lending stand point there are no funds available for an expansion, nor is the
applicant interested in expanding. He stated Capital Resources is committed to funding the
containment ponds and other necessary improvements for compliance. Mr. Graffis stated they
have been working with the applicant since the early part of this year, and they have been very
active in trying to correct the situation. He stated the dairy supports other families, and he does
2001-1945
PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 5
not feel that limiting the dairy to a use allowed by right on ten acres will be economically feasible.
In response to Commissioner Jerke, Mr. Graffis stated as a lender, he feels the permit should
indicate a number of animals which will allow for a transfer of animals without creating a violation.
Robert Wardlaw, Sr.,stated the property owner pays taxes to the middle of the road and this is not
a section line road. Mr. Morrison explained a tax notice does not determine ownership, and when
the Assessor's Office calculates the taxes, any portion within a County right-of-way is deducted.
He stated the adjacent property owner does have first rights to obtain the right-of-way if it is
vacated by the County. Mr. Morrison further stated that interpretation was determined by the Court
of Appeals and has been the general rule of consideration by the Board.
Lavern Glover, surrounding property owner, stated he owns 260 acres located south and east of
the dairy. He stated he has known the applicant for 35 years, and although there is a traffic
problem in the area, that issue should not be the responsibility of the applicants to correct. Mr.
Glover stated the road follows the river, most of the traffic goes too fast, and posting speed limit
signs would help the situation. Mr. Glover stated all of the properties along this portion of road
have numerous accesses and one access will be very restrictive to a dairy operation. He further
stated he hit one of the applicant's cow ten years ago; however, deer are also a traffic hazard in
this area along the river. Mr. Glover stated he has no concerns with the location of lagoons or the
number of cattle proposed by the applicant. In response to Commissioner Jerke, Mr. Glover
commented speeding is a general problem in the area.
John Wardlaw, surrounding property owner,stated he lives northwest of the site and has a 2,000-
head feedlot which straddles a roadway, so he is not certain that should be a determining factor
in this case. There being no further comments, Chair Geile closed public testimony.
Mr. Haren stated there are a few new residences in the area,the traffic is an issue,and the County
may be able to help by posting traffic signs. In response to Chair Geile, Mr. Haren stated he and
the applicant have reviewed the Conditions of Approval and Development Standards. Mr. Haren
requested the Board amend Condition#1 to extend the time period from 90 to 120 days. He also
requested Condition#2.1 be amended to indicate the applicant must apply for a Colorado Discharge
Permit System General Permit. He explained it is unlikely a permit will be issued within 90 days
and the Condition would restrict the applicant from recording the plat. Mr. Jiricek indicated no
concern with the request; however, he suggested a new Development Standard#24 be added to
state, "The facility shall maintain compliance with its Colorado Discharge Permit System General
Permit for Confined Animal Feeding operations." Mr. Haren also requested Condition of Approval
#2.A.4 be amended to allow for an administrative review of the facility to allow the applicant to meet
with the Department of Public Works and come to a reasonable solution. Mr. Carroll concurred
with that recommendation. He stated one access would be better for the safety of the traveling
public. Mr. Haren explained one access is acceptable for the general dairy operations; however,
during harvest a secondary access may be necessary for agricultural purposes, which he
suggested would remain gated the rest of the time. Mr. Haren stated he has no concern with the
Condition of Approval #2.K as proposed by staff because the existing water supply is already
adequate. Chair Geile referred to the memo submitted by Mr. Carroll, marked Exhibit I,and stated
regardless of the number of accesses, the dairy traffic should be restricted to one crossing area.
2001-1945
PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 6
Chair Geile reviewed the proposed changes to add Condition of Approval#2.K as proposed by staff
regarding the water supply, modify Condition #2.A.4 to add "for daily operations"to the end of the
sentence, and amend Condition #2.1 to indicate the applicant must apply for, rather than be
approved for a Colorado Discharge Permit System General Permit for Concentrated Animal
Feeding Operations, add Development Standard #24 to state, "The facility shall maintain
compliance with its Colorado Discharge Permit System General Permit for Confined Animal
Feeding operations," and renumber as appropriate.
Commissioner Jerke stated this is a good proposal and the facility has existed for 50 years. He
stated the applicant is making an effort to bring the site up to day and into compliance, and has
amended their proposal to move the waste retention away from the river. Commissioner Jerke
commented he is in favor of the proposed changes, and stated the Department of Public Works
needs to review this portion of roadway and consider the placement of speed limit signs and truck
traffic warning signs. He stated this is a County road problem, not a dairy problem.
Commissioner Masden concurred with Commissioner Jerke and stated the applicant is tying to be
a good neighbor, and is working to come into compliance. He stated they have been working with
the County, which he feels needs to do some corrective work on the road.
Commissioner Long stated this is huge family commitment, and they have been working to bring
the site into compliance. He commended them for trying to stay in agriculture,and he commended
the neighbors for expressing their concerns regarding the improvements to the dairy and the overall
area.
Chair Geile stated he appreciates the comments regarding the traffic situation and the cooperation
of the applicant with the residents in the area concerning the location of the new holding pond. He
stated approval of this permit will help address some of the financial aspects of the property, as
well as the pending violations.
Commissioner Long moved to approve the request of Cockroft Dairy Farm, Go Scott Cockroft,for
a Site Specific Development Plan and Use by Special Review Permit #1327 for an Agricultural
Service Establishment and a Livestock Confinement Operation(1,350-head dairy)along with three
mobile homes for employee housing 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 adding
Condition of Approval #2.K to state, "The applicant shall submit evidence of an adequate water
supply for all dairy needs to the Weld County Department of Planning Services. Should the water
supply be inadequate for the proposed 1,350 head of cattle and associated dairy needs, the
maximum number of cattle shall be lowered in accordance with the water supply," modifying
Condition of Approval #2.A.4 to add "for daily operations" to the end of the sentence, amending
Condition of Approval #2.1 to indicate the applicant must apply for, rather than be approved for a
Colorado Discharge Permit System General Permit for Concentrated Animal Feeding Operations,
adding a new Development Standard #24 to state, "The facility shall maintain compliance with its
Colorado Discharge Permit System General Permit for Confined Animal Feeding operations,"and
renumbering as appropriate. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
2001-1945
PL1543
HEARING CERTIFICATION - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
(USR#1327)
PAGE 7
This Certification was approved on the 13th day of August 2001.
APPROVED:
BOARD OF C%-UNTY COMMISSIONERS
WELD CO ,�t , COLORADO
ATTEST: £ / , visa
5a # �r . J. Tile, Chair
Weld County Clerk to the :,.
XCUSED
Glenn Vaad, Pro-Tern
BY: icidx
Deputy Clerk to the Boars. ( r ti 1--t-
Willi . Je ke
TAPE #2001-33
ay' E. Long
DOCKET#2001-53
Robert D. Masden
2001-1945
PL1543
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1327 - COCKROFT DAIRY FARM, C/O scorr COCKROFT
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 06/19/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum from Public Works
(06/21/2001)
F. Planning Staff Letter from Office of State Engineer
(06/29/2001)
G. Applicant Letter and map re: location of retention
ponds (07/31/2001)
H. Planning Staff Photo of sign posted on site
Public Works Staff Memo re: signage on WCR 388
(06/21/2001) o a Fr /- E
J. James Hollman Photograph of cow hit on WCR 388
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF AUGUST, 2001:
DOCKET#2001-54 - ROBERT EASTON
DOCKET#2001-53 - COCKROFT DAIRY FARM, C/O SCOTT COCKROFT
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
Sox y
P.00/-531/9 U ere/Z2 6-7 vf:( 9Do Coo.K i t k /C,tecSe: y Cc) .>o6y7
-4"ROor33 M A Gbaer owry sza My- St , Ca Y2-1
2co)-53 iv \scA,e-)(ct(d c29a3c/ cocPL c
V , 1/ cb & ay
2o0 1-c3 />i9, //ti'JtuRfJM .Z76z L wcn6o 2. GeEELE"y co ,.263-)
1117- -, �
f_e�/-P r/ ) 77 /)
X373 L✓uL ?DPr}LYC-Pr" �0�c 6��/
� 00/ 9 6 a to Ay (,) o ?o
ZL17)- S3 ✓/Jn445 / 946'V -t3'( /jut ,tt Lonsrn.o4yc C eon(
zoo( -53 5ii-9- ' f rF�-' (9CrY ) 4t) Cl? 3i Ss/ .ce✓5ry ( s �/GI
jt \•;% L VIA (5�f4 5/ 21 lib k -/'C o( 6 41015v 4 'bt.,
200,_, (Tel:? Cock Rd
3?/3 t est.v...r sr �- I/A-t c 0, Yob
� ao"
po/ - ..53 o��/ �. C�er>�rcv? -z5,Oo, !<7c/a GlIra 3F,F /7Crscg , G, (0699
rEdikib e z.kcoF l 3SS l D OCR≤ 7 !Z i !1 \0 40 gb10 Z l)
64)0i- 5� Xi M � A( . -n 4 -733 - L , •v. 3cfs f5er5� � r. , `41-1
Aeo/ 104T2„ei 2 � 7 A'S sef e d=o 63/
20o/ Gc)ai4'. . .36k7(0 ati(c7 Eiy 26,2y
UJ&4s-w 62r ?uzea
Z2Sc 7 &'4j°`/9 /.n -4ec. C, Pc> -Kc
�3
hu,¢,J 92/f Al petiSo°tie- S- G2ee&c,7 8'6 3c{
Hello