HomeMy WebLinkAbout20011931.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution,along with the changes to Development Standard#20;
the addition of Development Standard#22,with subsequent re-numbering;the deletion of Condition 2A and
3A, and subsequent re-numbering; be introduced for passage by the Weld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1327
APPLICANT: Cockroft Dairy Farm do AgPro Environmental Services, LLC
ADDRESS: 27906 WCR 388, Kersey, CO 80644
REQUEST: A Site Specific Development Plan and a Special Review Permit 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.
LEGAL DESCRIPTION: Part of Sections 10, 11, 14 and 15, T5N, R64W of the 6th P.M., Weld
County, Colorado
LOCATION: Adjacent to Weld County Road 388 on the north and south and west of and adjacent to
Weld County Road 57.5
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site lies within the three mile referral area of the Town of Kersey. The
Town of Kersey indicated no conflict with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The facility is located on the banks of the South Platte River within the 100-year
flood plain as delineated by panel 0645 C of the Federal Emergency Management Agency,
Flood Insurance Rate Maps. The Weld County Planning Commission determined that the
proposed changes to the retention facilities along the bank of the South Platte River will
ensure that the health, safety, and welfare of the inhabitants of the neighborhood and
County.
4 EXHIBIT.
2001-1931
US2#'l3a7
RESOLUTION, USR-1327
Cockroft Dairy
Page 2
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is designated
"Prime" north of and "Other" south of Weld County Road 388 by the USDA Soil
Conservation Services.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code),Conditions of Approval,and
Development Standards can ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 90 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The boundaries of the Use by Special Review Permit south of Weld County Road
388. (Department of Public Works and Planning Services)
2) The location of the existing mobile homes. (Department of Planning Services)
3) Weld County Road 388 is designated on the Weld County Transportation Plan Map
as a collector status road, which requires 80 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of
Weld County Road 388 shall be delineated on the plat as right-of-way and an
additional 10 feet as right-of-way reservation for future expansion of Weld County
Road 388. (Department of Public Works)
4) One access to the operations north of Weld County Road 388. (Department of
Public Works)
B. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO)Regulations and the additional requirements outlined below.This shall be
demonstrated by submitting a comprehensive manure and waste water management plan
to the Weld County Department of Public Health and Environment for review and approval.
This plan shall include, but not be limited to the following:
1) Demonstration that all manure stockpile areas and waste water collection,
conveyance,and retention facilities are adequately sized and constructed to handle
and retain the storm water run-off generated from a twenty-five year, twenty-four
hour storm event.This shall be conducted by a Registered Professional Engineer.
RESOLUTION, USR-1327
Cockroft Dairy
Page 3
2) Demonstration that the existing waste water retention structure has been
constructed with a liner, similar to the liners described in the CAFO Regulations,
that does not exceed a seepage rate of 1/32"/day (1 X 10-6 cm/sec). The
demonstration shall be conducted by a Registered Professional engineer.
3) Demonstration that any proposed waste water retention structure will be
constructed in accordance with the criteria described in the CAFO Regulations.
The demonstration shall be conducted by a Registered Professional engineer.
4) A site map demonstrating the layout of the site. This should include the locations
of all pens,structures,feed storage areas,any water courses through the property,
manure storage areas, lagoons, etc.
5) A surface contour map which demonstrates all surface water control features on
the site. This should include surveyed surface elevations, indicate flow direction,
run-on control features, etc.
6) Demonstration that the facility has the ability to manage, dispose, and/or land
apply manure and waste water at agronomic rates in accordance with the CAFO
regulations.
7) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations.
8) Other necessary measures which are required in order to comply with the CAFO
Regulations.
9) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations.
10) A detailed design and description of the pump and all associated equipment that
will be used to maintain the southern-most pond to a liquid level of not more than
1.5 feet from the design base elevation of the retention structure.
11) A detailed design and description of the easily readable depth gauge that will be
permanently attached to the southern-most pond so that the liquid level of the pond
can be easily observed.
12) Evidence that all portions of the facility located in the flood plain are adequately
flood proofed to prevent inundation or removal during storm events up to and
including a 100-year event. This shall be conducted by a Registered Professional
Engineer. (Department of Public Health and Environment)
C. In accordance with CAFO,the applicant shall submit the facility's manure and waste water
management plan to the Colorado Department of Public Health and Environment for review
and comment. (Department of Public Health and Environment)
D. A dust abatement plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Health and
Environment)
RESOLUTION, USR-1327
Cockroft Dairy
Page 4
E. A fly control plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. Evidence of approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
F. An odor control plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Health and
Environment)
G. The facility shall rectify the non-compliant septic system serving the residence located at
30906 WCR 388. Evidence that the septic system has met all Public Health and
Environment criteria shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
H. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health&Environment. Environmental Health Division of the
Weld County Department of Public Health & Environment was unable to locate a septic
permit for the septic systems currently serving the milking parlor and the 3 mobile homes
existing on the property. Any existing septic system which is not currently permitted through
the Weld County Department of Public Health & Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permit. In the event the system is
found to be inadequate, the system must be brought into compliance with current I.S.D.S.
Regulations. Evidence that the septic systems have met all Public Health and Environment
criteria shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
The applicant shall provide evidence to the Weld County Departments of Public Health and
Environment and Planning Services that the facility is covered under the Colorado
Discharge Permit System General Permit for Concentrated Animal Feeding Operations
from the Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
J. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
The property is in violation of Chapter 23 of the Weld County Code (Violation Number VI-
0000309). The applicant shall schedule a final inspection with the Weld County Zoning
Compliance Officer and submit a copy of the closure letter indicating compliance with
Chapter 23 of the Weld County Code. (Weld County Zoning Compliance)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
RESOLUTION, USR-1327
Cockroft Dairy
Page 5
Motion seconded by Cathy Clamp .
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
John Folsom
Stephen Mokray
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 19th, 2001.
Da�ted the�19`" June, 2001.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COCKROFT DAIRY FARM
USR-1327
1. The Site Specific Development Plan and Special Use Permit is 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, as indicated in the application
materials on file and subject to the Development Standards stated hereon.(Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),at this site.(Department of Public Health
and Environment)
6. The facility shall maintain compliance with the Confined Animal Feeding Operation Control
Regulations (5 CCR 1002-19) and Section 23-4-710 of the Weld County Code. (Department of
Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment.(Department of Public Health
and Environment)
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control Regulations.
(Department of Public Health and Environment)
10. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
11. The applicant shall remove, handle,and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters. These
areas shall be constructed to minimize seepage or percolation of manure contaminated water. In
no event shall the facility impact or degrade waters of the State in violation of the Confined Animal
Feeding Operations Control Regulation (5 CCR 1002-19).(Department of Public Health and
Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan. Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold,as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the Weld County Department of Public Health and Environment
in the event the odor levels detected off-site meet or exceed the level of fifteen-to-one dilution
threshold, or in the judgement of the Weld County Health Officer, there exists an odor condition
requiring abatement. (Department of Public Health and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater than 50
gallons. The volume retained by the spillage berm should be greater than the volume of the largest
tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance,at all times,with the approved fly control plan. Additional fly control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event that flies(which can be determined to be associated with the facility)are in such a number
to be considered a nuisance condition. The plan shall also be implemented in the event the Weld
County Department of Public Health and Environment receives a significant number of fly
(associated with facility)complaints,and in the judgement of the Weld County Health Officer,there
exists a fly condition requiring abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and Environment)
16. There shall be no burning conducted at the site,with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
18. The southern-most pond shall be equipped with a permanent easily readable depth gauge so that
the liquid level of the pond can be easily observed. The liquid level shall be maintained at a depth
of not more than 1.5 feet from the design base elevation of the retention structure. (Department of
Public Health and Environment)
19. New roof structures and any significant remodel or addition to existing buildings require review and
building permits. (Department of Building Inspection)
20. All accesses and feed alleys shall be surfaced with gravel and shall be graded to prevent drainage
problems. (Department of Public Works)
21. No off-street parking adjacent to Weld County Road 388 shall be allowed. (Department of Public
Works)
22. WCR 388 in front of and adjacent to the dairy site shall be cleaned of mud and debris as needed
to keep the road free of such debris.
23. If any work associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project,either temporary or permanent,in waters of the
United States which may include streams,open water lakes, ponds or wetlands at this location,the
applicant shall obtain a Department of Army,404 Clean Water Act permit.(Department of Planning
Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25 The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
27. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
28. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 6
CASE NUMBER: USR-1332
APPLICANT: Philip & Bonnie Johnson
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right or an accessory use in the Commercial Zone District(Parking of Vehicles
and Equipment and Repair Shop) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Lot B of RE 1949; being part of the SE4 of Section 2, T1 N, R66W of the
6th P.M.,Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 12 and west of and adjacent to Weld County
Road 35.
Robert Anderson, Department of Planning Services, requested that Case USR-1332, be continued to the
July 17, 2001, hearing so that Legal Notice may be published in accordance with the Weld County Code.
John Folsom moved that Case USR-1332, be continued to the July 17, 2000, hearing date. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1327
PLANNER: Sheri Lockman
APPLICANT: Cockroft Dairy Farm do AgPro Environmental Services, LLC
REQUEST: A Site Specific Development Plan and a Special Review Permit 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.
LEGAL DESCRIPTION: Part of Sections 10, 11, 14 and 15, T5N, R64W of the 6th P.M., Weld
County, Colorado
LOCATION: Adjacent to Weld County Road 388 on the North and South and west of and adjacent to
Weld County Road 57.5
Sheri Lockman, Planner, presented Case USR-1327,reading the recommendation and comments into the
record. The Deparment of Planning Services is recommending denial of the application.
Michael Miller asked Ms. Lockman about the non-conforming use (NCU) no longer being valid due to
improvements being made without permits, and if this permit were denied would they lose the dairy? Ms.
Lockman explained that if denied, it would go back to a use by right. This would limit the number of acres
to 10 acres on the south side of the road,and due to a road right of way that splits the property, they would
not be able to use the acreage on that side of the road since it is non contiguous. Lee Morrison explained
that when roads make for purposes of calculating animal units,those properties are discontinuous if there
is a public road between the properties.
Cathy Clamp asked Ms. Lockman about the existing violations and the nature of these. Ms. Lockman said
the violations are the amount of cattle in addition to derelict vehicles,and as far as the discharge problems,
this is a State violation.Ms.Clamp asked Don Carroll of Public Works,about the mulitple accesses and how
this would be handled. Mr. Carroll explained that all existing accesses seem to have a purpose to the
operation to the dairy, and did not see the need to close them without closing accesses to the dairy, but
would like to have only one crossing on the north side of the dairy if approved.
Tom Haren,representative from AgPro Services,explained the dairy has been in business since 1947,and
that four generations live on site today. Since this application was turned in, it has been characterized as
an expansion, and in fact is a compliance issue with the county. The Cockroft's were confused as to what r
the NCU does. Prior to zoning they have documentation of more cattle on this site than was allowed. They at A
are planning on moving the drainage from the north side of the diary to the south, and no additions to the j
dairy are being planned. Mr. Haren stated they are going to update the environmental issues and milking x
W
ri4'a.mceectend
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 7
parlor, and that additional animals will be young stock. The area surrounding the dairy is an agricultural
area with 1/2 dozen feed yards in the vicinity. Regarding the NCU,they are confused that if the permit is not
approved,the NCU goes away and dairy is shut down. Mr. Haren said he thought the applicants had been
working with Department of Planning Services,only to find out that there was a recommendation of denial.
Mr. Haren then cited sections of the Comp Plan that the dairy does comply with. The Cockroft's are willing
to do whatever is needed to bring the dairy into compliance. They have had the flood plain surveyed and
the pond's will be set up on electric pumps.On top of 250 acres of dairy,the Cockroft's farm over 1000 acres
in the immediate area.
Michael Miller asked what Mr.Haren planned to do with the lagoons to prevent runoff. Mr. Haren explained
that they are going to line the basin. He went on to further explain that with the lay of the facility, the size
of the lagoons can be reduced, and a lot of engineering would need to be done on the pond. Mr. Miller
would have liked to see a plan for the engineering of the pond to ensure it was flood safe. Mr. Haren said
they had nothing in the file,but AgPro's engineer has been out on the site. The engineering is going to cost
a lot of money, and if this application would be approved, they would spend the money. Mr. Miller has
concerns of the pond flooding and going into the fiver.
John Folsom asked Mr. Haren about providing protection against the 100 year flood plain, since a base
elevation had not been established. Mr. Haren explained there is not a base line elevation established for
the area, and that an engineer must survey and scale off the area and put his stamp on it. They currently
are five feet above the normal.
Bryant Gimlin asked if the lagoon is in the same location as the one shown on the map. Mr. Haren said that
is was, and that they are looking to improve it and it will be reqiured to be lined to standards. Mr. Gimlin
asked if it will be the same size as the existing pond? Mr. Haren said it should be roughly the same size.
Mr. Gimlin asked if a majority of the pond will be lined with a portion being concrete? Mr. Haren said the
whole thing will be lined as required by State, and inside will be a concrete structure to house the pump.
Mr.Gimlin than asked Mr. Haren to go through the amount of cattle their will be. Mr. Haren said that if they
completely pushed it,900 head of dairy cows,being extremely optimistic,with the remaining 450 head, 100-
150 would be dry cattle.
Cathy Clamp asked Mr. Haren about the retention pond and what the lining will be. Mr. Haren said it will
be lined with clay. Ms. Clamp asked since they are pumping under the county road, what monitoring will
be done to ensure there will be no ground water contamination? Mr. Haren said they did not really have a
plan, but would basically be line pressure and a back flow prevention device on the down side. They plan
on installing a sewage pump, and usually do not have any type of clogging problems.
Ms. Clamp asked what the number of existing head of cattle on site is now. Mr. Haren said roughly over
1000, and they are proposing 1350,and this takes into account seasonal fluctuation. Mr. Haren estimates
there has been approximately 1100 to 1200 on site recently.
Michael Miller asked Mr. Haren if there is one lagoon on site or two. Mr. Haren said there is one existing
and another Mr. Cockroft has started constructing, but stopped construction when they came up with an
alternate plan. it will be filled.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tim Schofield,who lives five miles east of the dairy,has been associated with Cockroft's for many years and
has worked for them many times. Mr. Schofield made a comment on the electricity concern, and does not
feel this is really an issue as there are several feed operations in the area that have fail safe plans in effect.
Mr.Schofield stated the Cockroft's are good farmers,and will be able to do whatever it takes to make things
right.
Eric Williams, surrounding propery owner, referred to flood plain and that WCR 388 has been built up so
the water sets up higher in the valley. As far as the dilapidated vehicles, Mr.Williams said the Cockroft's
have an extensive amount of vehicles for the operation that are stored out of site and do not intentionally
leave things setting out. Mr. William's has dealt with the Cockroft's since the 70's, and they are good
neighbors.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 8
Stow Whitwer, surrounding property owner who owns land across the north side of the Ogilvy Ditch, stated
concerns regarding the location of the lagoon being 200-300 feet from his house, and the Cockroft's have
offered to move the lagoon over, and he feels this would be more approriate. Mr. Whitwer has had good
conversation's with Tom and Scott Cockroft, and commends's the Planning Commission for working with
the County on such issues. Mr. Whitwer asked whether this was an expansion or just tidying up the site.
Mr.Whitwer said he was not aware of non-compliance issues and was disappointed and said they should
not be looking at a non-conforming use as he does not want to see them go out of business. Mr.Whitwer
stated that the Cockroft's are doing a good job with their current situation, and this is an agricultural
operation and it is becoming increasingly difficult to run agricultural businesses.
Jack Holman, has a farm east of the dairy, and also northeast of the dairy. Mr. Holman has concerns with
traffic being created by the operation also being on the north side of the road and all the outlets they have
to handle the operation, and Mr. Holman stated one access on the north would be plenty. The location of
lagoon is also a concern being Y mile from his home.
Michael Miller asked Mr. Holman if more signage on WCR 388 would help or what would help. Mr. Holman
said signage could help as there is a curve in WCR 388.
Cristie Nicklas asked Don Carroll of Public Works, if there were any signs out there currently. Mr. Carroll
said he does not believe there were.
James Holman, lives 1/4 mile east of the dairy and is against expansion of the lagoon as a creek runs
through his place which he has seen the Cockroft's pump the lagoon. Road 388 is a busy road, and a lot
of dirt and mud are created on the road.
Lavern Glover, neighbor of Cockrofts's for 22 years has farms around the dairy is the closet to James
Holman. Mr. Glover stated the Cockroft's have been good neighbors and he has no complaint's with the
lagoon, as there are several other feedlots in the area. Mr. Glover did agree there should be signs up
addressing traffic and animals on the roads. As far as dirt on the road, there is also an oil company with
large trucks that contribute, and it is not all from Cockroft's.
Cristie Nicklas asked Mr. Glover if the lagoon is pumped, how steep of a hill is it coming back down river?
Mr. Glover said he can't say, but it is not that bad.
Dave Dyer, lives to the north and has been neighbors to the Cockroft's for 35 years, and stated that they
work harder than anyone he knows, and that they will take care of anything they are asked to do.
Bob Wardlaw, lives 1-1/2 miles north of the dairy and sells and grows feed. Mr.Wardlaw stated that more
people are moving houses into agricultural areas, and Mr. Holman built his home out there after the dairy
had been there,and said Mr. Holman should be careful on what he says about the Cockroft's pumping into
the river.
Doug Campbell, has known the Cockroff's for a while and has worked for them. Mr. Campbell has worked
at many dariy's and has seen development ruin ag land. Mr. Campbell hopes the issue is not where the
dairy is located, but that it is an existing facility and solutions can be done to fix any problems. The area is
not a big growth area and is very agricultural.
Wayne Grafis, has been working with the Cockroft's on putting together their loan application. He is
surprised to hear of all the compliance issues and the land was surveyed as a part of the loan and was found
to be in compliance with the county, and everything was adequate at that time. Mr. Grafis also said that the
USDA did an environmental assessment with approval. This is not an expansion as being funded currently
and the Cockroft's have made a big commitment in the last 1-1/2 years to improve the dairy.
Tom Haren addressed concerns of the lagoons and Cristie Nicklas asked what the chances are to move the
northern lagoon. Mr. Haren prefer it not be adjacent to WCR 388, but stated it can be relocated elsewhere
on the site. Mr. Haren said that borings have been done on the current area, and if moved, the size may
need to change but not the volume.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 9
Michael Miller asked if the lagoon was moved to the south would an additional pump need to be put in. Mr.
Haren said it would depend on the location and the alignment of the pipes. Mr. Miller asked about runoff
into the river and what are the plans to stop this. Mr. Haren said they have staked out a pit to alleviate the
runoff.
Scott Cockroft, manager of the dairy operation, thanked the Planning Commission and the surrounding
property owners who came to speak. Mr.Cockroft stated they are very pro on fixing any problems and have
the capability to do so and resources they need to achieve this. Regarding Mr. Holman's comment on
pumping into the river, he should be innocent until proven guilty, as there is no proof. Mr.Cockroft said they
do not intend to expand, but would like to run a tanker of milk a day. They have several farms in the area
and plan on moving the dairy eventually to a better location away from the river, but need time to do so.
Cathy Clamp asked Mr. Cockroft if generators will be able to handle the additional pumps being proposed.
Mr. Cockroft said they are planning for an additional one, but are waiting for approval before putting money
into one. Ms. Clamp also asked if they would be willing to clean off mud from the road from the trucks. Mr.
Cockroft said they would be willing to do this.
Lee Morrison clarified that they are not determining whether this is a non conforming use, but to evaluate
the proposal in front of them looking at it on its merits, and what would be allowed under the pre-existing
operation.
The Chair asked Mr. Haren if they are in agreement with the Conditions of Approval and Development
Standards. Mr. Haren asked for the amount of days of recording the plat be changed from 90 days to 180
days. Sheri Lockman explained that they are asking for 90 days to ensure the compliance issues are taken
care of.
Tom Haren also asked that Condition of Approval 2A, be deleted regarding collateral, as it is not typical for
feeding operations. Sheri Lockman explained that Planning staff will ask for an improvements agreement
for any type of use whether a subdivision or a use such as this one, if they feel the cost is extreme and they
are unsure whether the improvements will get started quickly enough. This ensures it will get started and
not sit for two to three years. Cristie Nickles asked if this is for the proposed lagoons. Ms. Lockman said
they are also talking about all the engineering work for the pond next to the river, and the Cockroft's will
need to come up with a lot of money and this is a way to ensure they can do it prior to starting the work.
Mr. Haren also asked for Condition J to be deleted as it was a duplication to Development Standard#8,and
is no longer necessary through the State. Trevor Jiricek, Weld County Environment Health said this
condition was added post their referral,partly due to a general permit issued by the State Department Water
Quality Division on a voluntary basis. Mr. Jiricek felt that this was appropriate due to the history of the
compliance in regard to the South Platte River, but is redundant to Development Standard#8 in that it will
become mandatary in about 2005.
Don Carroll added that condition 3A,that they get a permit from Public Works, could be taken out since the
pipe is already there.
•
Bryant Gimlin asked Mr. Haren why the pipelines under the road were originally put in. Mr.Haren said they
were put in for pumping the waste water from the existing ponds up to the field for irrigation purposes. Mr.
Gimlin said that what this boils down to is moving the lagoon, and it looks like they have improved their
process and taken good steps toward mitigating any potential release into the river. Mr. Gimlin added that
he believes the Cockroft's have generally been good operators and the dairy is in good shape.
Michael Miller agreed that the business has been there a long time and they are good folks, but does have
concerns with the allegations that there have been knowing violations of pumping sewage into the river. By
building the lagoons and moving the water to the north this will alleviate the problems of getting it into the
river. Mr. Miller added that the County needs to step up and do some signage on the road, and also wants
a development standard to make sure the cleaning of the road gets done. Building lagoons and cleaning
up the waste water is a good step forward, and he will be supporting the proposal.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 10
Cristie Nicklas said she feels they are no different than other feedlot and dairy operations that come out onto
the road, but they will need to step up and keep road clean and safe.
Bryant Gimlin added that if they have one crossing point on the north side and gravel or road base the
aprons on the access,the mud and debris from the trucks can be cleaned off of their own property, it would
be better.
Cathy Clamp said that she understands Mr. Haren's concern on the Improvements Agreement and that
when you have a significant amount of money, that this is a safety to the County and resident, but in this
case is a little excessive since they have already entered into a loan agreement.
Cristie Nicklas asked Mr. Haren when his services were retained and how many violations have occurred
since then. Mr. Haren said they were retained before the USR became an issue, and were retained to
address the lagoon issues, and in the process zoning violation issues became apparent. Mr. Haren
explained there had been one original violation and all the other issues are related to that violation.
Cristie Nicklas also asked that the applicant employ an education process to educate employees about
safety issues. Mr. Haren said this would be a small concession on their part.
Michael Miller moved to add a Development Standard#22, and renumber,to say:WCR 388 in front of and
adjacent to the dairy shall be cleaned of mud or debris as needed to keep the road free of such debris.
Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Cathy Clamp moved to remove Condition of Approval 2A, based on testimony, and re-letter. Stephan
Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Arlan Marrs, yes; Stephan Mokray,yes; Michael Miller, no; Bryant Gimlin, no; Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried.
Cathy Clamp moved to add to Development Standard #20 to say: All accesses and feed alleys shall be
surfaced with gravel and shall be graded to prevent drainage problems. Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Bryant Gimlin moved to delete Condition of Approval 3A regarding acquiring a utility permit. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom;yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Don Carroll added that he will check into road signs, but they are not just able to go out and place signs
without studies. Lee Morrison added as long as they are not asking the applicant to reimburse the cost,this
is appropriate to ask for signs.
Mr. Haren expressed concern on the amount of time, 90 days, to get the plat recorded, and that the State
Health Department is behind. Trevor Jiricek said that they are aware of this also,consider the submittal of
the application sufficient.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 11
Michael Miller moved that Case USR-1337,be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Cathy Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Z-558
PLANNER: Sheri Lockman
APPLICANT: Percy Hamilton c/o Intermill Land Surveying, Inc.
REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses for five (5) residential lots
and 4.7 acres of Common Open Space
LEGAL DESCRIPTION: Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7
North, Range 64 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74
Sheri Lockman,Department of Planning Services,presented Case Z-558,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of this
application.
Steve Stencil, representative for the applicant, stated at that at this time he did not have any additions to
Sheri's comments.
Cristie Nicklas asked why prime farm ground was being taken out of production. Mr. Stencil explained that
this parcel is just under 31 acres, and economically it is not viable for Mr. Hamilton to farm the ground.
Percy Hamilton, property owner, added that the land is difficult to irrigate as it slopes, and a sprinkler would
not fit on the corner.
Cathy Clamp asked about the warranty deed when Mr. Hamilton took title from Travelers Insurance
Company, they withheld the mineral interest, and in his application packet Union Pacific Railroad is noted
as holding the mineral interests. Ms. Clamp asked if Travelers had been notified. Mr. Percy explained that
Union Pacific was only a railroad section and it would go back to land grab.
Michael Miller asked if he had mineral rights, Mr. Percy said he did not. Mr. Stencil explained that he has
been trying to track down the minerals on the property, and the Union Pacific sold their rights to another
company, and has sent them information and it is being looked at and needs to go though a few more
departments, but is in the process of being looked at,
Bryant Gimlin asked Mr. Hamilton if he has obtained water for irrigation for landscape. Mr. Hamilton said
there going to be using North Weld Water for landscape, and irrigation for the open space.
Cristie Nicklas asked about the requirement for paved roads for the internal roads being waved by Public
Works. Diane Houghtaling of Public Works said that since the external road,WCR 51, was gravel that the
internal road is not being required to be paved. Ms.Houghtaling added that Weld County does not maintain
gravel roads.
Diane Houghtaling requested that the note requiring the landscaping in the site distance triangle at the
entrance be left at 3.5 feet, the sign being proposed is 6 feet high, and Public Works does not allow this
height in the distance triangle.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they were in agreement with the Conditions of Approval. Mr. Stencil said
they were in agreement.
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