HomeMy WebLinkAbout20000737.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 7, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, March 7, 2000, in the Weld
County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:30 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present
John Folsom Present
Jack Epple Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Absent
Bryant Gimlin Present
Also Present: Lee Morrison, Assistant County Attorney; Don Carroll, Public Works; Sheble McConnellogue,
Butch Homer, Department of Public Health and Environment; Sheri Lockman, Julie Chester, Department of
Planning Services; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on February 15,
2000, was approved after changes were made to the status that a motion passed with and the spelling of
Cristie Nicklas' name.
CASE NUMBER: USR-1259
APPLICANT: Mobile Pre-Mix Concrete, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the W2 of Section 19, Township 1 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining
along with Concrete and Asphalt Batch Plant in the (A)Agricultural zone.
LOCATION: West of and adjacent to SH 85, north of and adjacent to WCR 6.
Sheri Lockman, Planner, presented case USR-1259. Sheri stated that the applicant and their agerr;s, as well
as the Department of Planning Services was asking for a continuance until April 18, 2000.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Stephen Mokray moved to continue Case USR-1259 until April 18, 2000. Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Sheri Lockman stated that Case Z-530, Daniel Oschner, would not be presented to the Planning Commission.
The applicant chose to present it, in its original form, to the Board of County Commissioners and it would not
be heard again at Planning Commission.
CASE NUMBER: USR-1258
APPLICANT: Podtburg Dairy / Long's Peak Dairy
PLANNER: Julie Chester
LEGAL DESCRIPTION: Part of the SE4 of Section 24, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
00)1s at
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 7, 2000
Page 2
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment.
LOCATION: North of and adjacent to WCR 42; west of WCR 13.
Julie Chester, Planner, presented Case USR-1258 and read it into the record. The Department of Planning
Services is recommending approval of this application. Some changes to the staff Conditions of Approval
have been made as the Department of Public Health and Environment referral was received on March 2nd.
These changes are as follows: the addition of the words"the plan" in#3 A on page 3, the words"structure has
been or" has been added to#3A 2 on page 3, Conditions 3 H and 3 I have been added and 3.J.3) on page
6, and #3.A.1) should read "Demonstration that all manure stockpile areas and wastewater collection,
conveyance, and retention facilities are adequately constructed and sized to handle and retain processed
wastewater and stormwater runoff generated from the 25 year 24 hour storm event. This shall be conducted
by a registered professional engineer."
Rick Potdburg, Applicant, stated that they have run a dairy for a while and are combining it with another dairy
operation, Long's Peak, to better run both facilities at one location. Rick noted that they are only asking to
expand 400 head beyond what is allowed by right on this acreage, but will now be subject :o stricter
regulations and guidelines.
John Folsom asked if the dairy used the county roads to access the dairy barn. Rick stated that ltiey have
a private road to access the dairy barn. John also asked if most of Northmoor Acres residents used the same
road. Rick stated that most use another road in the area.
Brad Anderson with Envirostock, representative for the applicant, spoke about the application. Brad stated
that the number of acres required to distribute the wastewater created on site would be about 45-50 acres.
The applicants have 177 acres on which to distribute the wastewater. Brad noted that the Use by Special
Review permit would require the applicants to have a nuisance management plan. Fred Walker asked if
CAFO had any regulations on flies. Brad stated that CAFO only addresses water and confined animal areas.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Roy
Rutt, a property owner in Northmoor Acres, had several concerns about this application: the subdivision of
Northmoor Acres was there before the dairy, now they have to deal with the changes being made, the sign
was not posted long enough for his comfort or replaced quickly enough; there are more than the allotted
number of head on the site before; past practices have shown them not to work well with the neighbors; and
the lagoons may not be adequate to handle the wastewater.
Bryant Gimlin asked if he represented a homeowners group or his own interests. Mr. Rutt stated that he was
part of the homeowners group, but that the property owners in Northmoor Acres were not notified until they
saw the sign and have not yet been able to meet in response to this application. Cristie Nicklas asked how
Mr. Rutt knew that they had too many head of cattle on the site. Roy stated that the Health Department stated
they needed the number of head to decrease. Discussion followed about the sign posting being in time. Julie
stated that the original sign was up for three days before it was blown away, then reposted by another county
employee three days later.
Sheble McConnellogue stated that the number of cattle was up, but was changed to within regulation. Sheble
further stated that the engineer had signed off on the lagoons as properly sealed. Butch Homer skated that
the runoff was from the pens and not the lagoon, because one of the ditches was plugged by an employee.
This has been fixed since that time.
Deborah Rad, a property owner in Northmoor Acres, stated some concerns with manure being piled along
the property line, how this will be regulated, and the feed truck using the county road. John Folsom asked if
a special district was formed to pay for the paving of the road. Deborah stated that there had been an
Improvement Agreement district to pay for the road. Fred Walker stated that the permit will require more
regulation than they currently have for the dairy.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 7, 2000
Page 3
Joanne Strand,Vice-President of the Northmoor Acres homeowners association, stated that the homeowners
association was not notified of this application and would be meeting the following day to discuss their views
on the changes. Fred Walker stated that they would not be continuing this case for the homeowners
association to meet and make requests, but that the case would still be going before the Board of County
Commissioners and they could make their statements at that time. Fred further stated that the materials for
this application are public record and the homeowners association could come in and view them at their
leisure.
Adrian Kry, a property owner in Northmoor Acres, stated that the stench of the dairy forced him to buy central
air conditioning and they are forced to keep their windows shut to keep out the smell and flies. Mr. Kry also
brought in pictures of wastewater that was running into ditches, taken a few days earlier. These photos were
entered into the record. He also had concerns with the use of the spring water that flows through the property.
Fred noted that this will be taken care of.
Barbara Ding, a property owner in Northmoor Acres, stated that she had to deal with the smell already, as well
as noting that there were a lot of dead fish along the ditches last year. She further noted that the water from
the culvert is undercutting the pavement.
Mary Knutson, a property owner to the north, stated that she understood that there were changes to be made
due to the smell of the dairy, but that she knows that this is an agricultural area and that is something people
will have to deal with. She stated that she supports this application as they are going to do it within current
regulations.
Rick Potdburg, Applicant, stated that this is a family-owned operation, that the wastewater will be spread on
the land using sprinklers that spray large drops down. He stated that this creates less odor than tl'ie misted
drops would cause. He further stated that the lagoons have been signed off by an engineer and will have the
capacity to hold more than two times the 25 year 24 hour storm. Rick did have a question with the condition
to close the west drive as the milk truck will find it difficult to negotiate the turns needed. Don Carroll stated
that he could see that is a good reason to keep the drive open.
Brad Anderson, representative for the applicant, stated that they left the 1000' off the application in case the
landowner wanted to split off part of his property at a later date. Brad also asked the Planning Commission
to remove the manure condition placed by the Health Department. Mr. Anderson noted that the sl:ate does
not have any odor regulation in place for agriculture, but the county is asking for 15:1 odor threshold.
The members of the Planning Commission discussed the intent of the condition and decided that the condition
requires the applicant to keep manure agreements on file if they make them. Sheble McConnellogue stated
that the Department of Public Health and Environment want this condition for a worse case scenario:. Bryant
Gimlin noted that this helps the Health Department keep track. Julie stated that the Planning Department
wanted the 1000'foot buffer zone included in the permit as this would allow for further notifications to be given
to the property owners in Northmoor Acres. Julie also stated that the applicant would not be able to split off
the 63 acres left out of the permit and make a legal parcel.
Jack Epple moved to delete Condition of Approvals 2.A. and 3.J.3)and require applicant to sign an agreement
that no more than 35 cows will be pastured in the 1000' buffer area. Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Jack Epple moved to delete Condition of Approval 3.1. Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray,yes; Michael Miller,yes; Jack Epple,yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 7, 2000
Page 4
Jack Epple moved to change the wording in Development Standard 14 B to read "The manner in which
manure and wastewater has been removed and applied to land." Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller, no; Jack Epple, yes; Bryant Gimlin, no; Cristie Nicklas,
yes; Fred Walker, no. Motion failed.
Fred made the comment that he voted no because he is in support of keeping records of what the analysis
is, but that people should not be required to keep track of other people's use of the manure. Michael Miller
stated that he does not believe that keeping track of other people's use of the manure is implied anywhere
in the permit, it only asks that if an agreement is made they should keep records.
Jack Epple moved that Case USR-1258 be forwarded to the Board of County Commissioners along with the
changes to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
Jack Epple wished to make the comment that it may be better to have a 2000 head operation with all the
regulations involved and permitted than to have a 1600 head operation with no regulations placed on it.
Cristie Nicklas commented that the small increase with the regulations is much better for everyone involved.
Michael Miller stated that regulations are being added to the dairy with only an increase of 400 head.
John Folsom commented that he agrees with Cristie Nicklas' comment.
Stephen Mokray commented that he agrees with Michael Miller's comment.
Bryant Gimlin commented that he encourages the Northmoor homeowners association to talk with the
applicant, as things often go much smoother when communication is involved.
Fred Walker commented this is a family farm and for family farms to be viable in today's economy they have
to be commercial in size and intensity; in order to survive these days, a family farm has to be commercial.
Meeting adjourned at 3:50 p.m.
Respectfully submitted
I!Ulc - GJ out"-
Trisha Swanson
Secretary
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