HomeMy WebLinkAbout20000702.tiff HEARING CERTIFICATION
DOCKET NO. 2000-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1258 FOR A
DAIRY AND AGRICULTURAL SERVICE ESTABLISHMENT FOR A LIVESTOCK
CONFINEMENT OPERATION WITH 2,000 HEAD OF CATTLE IN THE
A(AGRICULTURAL)ZONE DISTRICT- LONGS PEAK DAIRY, LLC/F'ODTBURG DAIRY
A public hearing was conducted on April 19, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 3, 2000, and duly published April 6, 2000, in
the South Weld Sun,a public hearing was conducted to consider the request of Longs Peak Dairy,
LLC/Podtburg Dairy, for a Site Specific Development Plan and Use by Special Review Permit
#1258 for an Agricultural Service Establishment and Livestock Confinement Operation (dairy)with
2,000 head of cattle in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,
made this a matter of record. Commissioner Vaad commented he visited the site on a tour with
the Dairy Extension agent; however, there was not a permit under consideration at that time. Julie
Chester,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. Chester
gave a brief description of the location, stated a sign was posted on the property on April 5, 2000,
and seven referral agencies reviewed the application and offered comments in favor of the
proposal. Ms. Chester stated approval of this permit will impose stronger regulations and require
dust,odor,fly,manure,and wastewater abatement plans,which the facility does not currently have.
She stated the proposal is consistent with the Weld County Comprehensive Plan, the soils are
primarily designated"other lands,"the proposal will be compatible with surrounding land uses, and
a 1,070-foot buffer area has been proposed between the site and Northmoor Acres Subdivision to
the west. Ms. Chester submitted a memorandum, marked Exhibit N, requesting the last sentence
of Development Standard #14.B be deleted. In response to Commissioner Geile, Ms. Chester
indicated the location of the existing and proposed lagoons. Responding further to questions from
Commissioner Geile, Trevor Jiricek, Weld County Department of Public Health and Environment,
stated the original lagoons were not properly constructed and there were some odor complaints
from residents in the adjacent subdivision;however,the applicant has engineered reports indicating
that the problems have been resolved and the lagoons are sufficiently lined. Mr. Jiricek stated he
has been to the site and does not feel the odors were in excess of other dai lies, and added the
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dairy is using Best Management Practices. In response to Commissioner Baxter, Ms. Chester
stated the immediate surrounding uses consist of farm ground and a few residences.
Rick Podtburg,applicant,stated Podtburg Dairy is a family partnership,and thi€,site was purchased
21 years ago. He explained up until 1995, they kept a minimal amount of young livestock on the
site, and then moved in more corrals and animals. Mr. Podtburg stated in 1998,they merged with
Longs Peak Dairy, and the site now has a total of 1,600 animals allowed by right. He explained
2,000 animals will put the facility at capacity. In response to Commissioner Geile, Mr. Podtburg
stated 97 acres of his property will be included in the permit area, and the remaining acres will be
used for land application. He further stated the lagoons are located approximately 1,200 feet from
the west edge of the property. In response to Commissioner Baxter, Mr. Podtburg stated
depending on precipitation and wind amounts, the odors are minimal and seasonal. Responding
to Commissioner Vaad, Mr. Podtburg stated there will be an odor plan.
Brad Anderson, EnviroStock, LLC, represented the applicant and stated the a Dplicant will develop
Manure and Nuisance Management plans, which will address air quality and pest control. He
stated the applicant is currently allowed 1,600 animals as a Use by Right; however,approval of this
Use by Special Review Permit will allow an additional 400 for a total of 2,000 animals. He
explained when a facility exceeds 1,000 animals, it is required to comply with the Confined Animal
Feeding Operations (CAFO) Control Regulations, which the site is already doing. He stated this
permit will require the applicant to provide accurate records to verify compliance,and the Nuisance
Plan will require the site comply with the 15 to one dilution standard. In response to Commissioner
Geile, Mr. Anderson stated the proposed changes to the lagoons will take approximately two to
three years to mature. (Switched to Tape#2000-11.) Mr. Anderson stated the applicant is in the
process of developing a new retention facility which will give the applicant the ability to hold excess
run-off and also distribute wastewater through the new pivot sprinkler system to the crops.
Responding to Commissioner Vaad, Mr. Anderson stated recycling the water to flush the site is
sometimes a challenge because it can generate odors; however, as the holding ponds mature,the
odors will be minimized. He explained there are new procedures available tc help control odors,
and reiterated the water will be processed before it is used for flushing or land application. Mr.
Anderson stated the new pond will be the final holding area before water is land applied and it will
also ensure there is no runoff from the site. He stated the existing ponds are leak-free and meet
the seepage limitation. Responding to Commissioner Geile, Mr. Podtburg stated fresh water will
be added to the water in the proposed pond to get the cleanest water possible for the center pivot
sprinkler system. In response to Commissioner Baxter, Mr. Anderson statec all liquid waste will
be used on the applicant's land and solid waste will be sold and used off-site. In response to Chair
Kirkmeyer, Trevor Jiricek, Weld County Department of Public Health and Environment, stated in
comparison, the odor which sometimes comes from the ConAgra plant is less than the 15 to one
dilution threshold, and explained the standard is measured at the property boundary. He stated
if this permit is not approved and the facility continues to operate using Best Management
Practices, there will be no odor standard.
Joanne Stroud, surrounding property owner, stated expansion of this dairy wi I affect existing and
any future development along the 1-25 corridor. She stated there are 117 lots in Northmoor
Subdivision. Ms. Stroud submitted an overhead,marked Exhibit O;photographs,marked Exhibit P;
and read a letter into the record, marked Exhibit Q.
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Debra Rutt, surrounding property owner, stated her home borders the proposed buffer area, and
she has owned her property for 23 years. Ms. Rutt stated she lived there prior to Podtburg Dairy
purchasing its land. She further stated it does not take a strong wind to smell the odors from the
dairy; a light breeze is all it takes to move the smell. Ms. Rutt stated there are times when she and
her family cannot remain outdoors due to the smell, although her family is very familiar with this
type of agricultural activity. Ms. Rutt inquired about the intended use of the buffer zone. She also
stated there are times when Health Department staff cannot be reached and asked who should be
called with odor complaints. Ms. Rutt stated there are thirty or forty lots that have minimal livestock
in Northmoor, and they do not generate substantial odors. She further stated this has become
more than just a family business, and added the 15 to 1 odor requirement is not strong enough.
Ms. Rutt stated this size of a dairy is not appropriate at this site because there is an existing
subdivision in the area with more growth predicted in the future. Commissioner Baxter commented
the existing use is going to be allowed whether or not this application is approved. Ms. Rutt stated
the existing dairy is large enough that it should already be implementing the proposed abatement
plans. Commissioner Baxter responded the permit can be revoked if the Conditions of Approval
and Development Standards are not met, and added Northmoor Subdivision was placed in a very
agricultural area and this type of activity should be expected.
Adrian Krey, surrounding property owner, stated he built his house 15 years ago, but this dairy has
only been there for a little over two years. Mr. Krey stated there are very strong odors and some
noise generated from the site, and the odors increase when wastewater is reused to flush the site.
He expressed concern with wastewater spilling into fresh water ponds, and stated the odors have
often spoiled plans to be outdoors. Mr. Krey indicated his home is located directly east of the
lagoons, and stated before this application the operator did very little to address wastewater and
odor. He stated there has been a lot of activity on the site to come into compliance with wastewater
management regulations since the Planning Commission Hearing; however, previous testimony
indicated it may take as long as two or three years for the changes to mature and work. Mr. Krey
stated the number of animals on the site should not be allowed to increase until the existing
problems are solved because there is a history of non-compliance. Mr. Krey inc icated he submitted
photos at the Planning Commission Hearing showing conditions caused by the dairy. Mr. Morrison
stated Mr. Krey was referring to Planning Commission Exhibits 26 through 28. In response to
Commissioner Baxter, Mr. Krey stated the fluid shown in the ditches and on surrounding properties
was generated at the dairy.
Norman Townley,surrounding property owner, submitted a letter on behalf of Michael and Darlene
Smith, marked Exhibit R. Mr. Townley stated special use of the land should not be allowed as
requested in this application. He stated it does not require a strong wind to move the odors into
the Subdivision and flushing water from the holding ponds only spreads the smells. Mr. Townley
stated it is no longer pleasant to remain outdoors due to the odor generated Dy the dairy.
Henry Saur, surrounding property owner, indicated he farms various properties north of the
proposed dairy and he supports this proposal. Mr. Saur stated this dairy purcf ases products from
area farmers which benefits the local agricultural economy. He further stated the dairy provides
jobs, revenue from purchased equipment, animal feed and bedding. In response to Commissioner
Baxter, Mr. Saur stated the dairy is well managed, and he is not personally aware of any runoff
from the site. In response to Chair Kirkmeyer, Mr. Saur stated he has lived in the area all his life
when Northmoor was still the Bender Farm. He stated this is a good farming area and there are
also other dairies in the area.
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Elizabeth Glanz, surrounding property owner, stated she not opposed to the applicant's proposal
as long as the dairy is controlled by health regulations. Ms. Glanz stated she wants the permit to
ensure that health hazards are addressed, and contaminants will not be released into the
surrounding water and soil. There being no further comments, public testimony was closed.
Mr. Podtburg stated they have been using chemicals to spray the site and help control flies. He
stated it has been very successful and benefits the cows, as well as the surrounding area. Mr.
Podtburg indicated three letters have been submitted in favor of the proposal from residents who
also live within Northmoor Subdivision, therefore the issue of odor is relative. In response to
Commissioner Vaad, Mr. Podtburg reviewed the photos, marked Exhibit P, as submitted by Ms.
Stroud, and stated there is a fresh water lake on the north side of the property which is supplied
with irrigation water. He stated the lake is not contaminated because they use it to water the
livestock. Responding to Commissioner Baxter, Mr. Podtburg reviewed the photos, marked
Exhibits 26 through 38 and explained at the time the pictures were taken, the sprinklers were not
operational, therefore, the water was pumped and scattered over the fields an i a small portion did
miss the settling ponds. He stated the problem was addressed by the Health Department at the
time and no further runoff has left the site. He explained the water used to flush the site returns
to holding ponds before it is applied to the land. Responding to Commissioner Geile, Mr. Podtburg
stated there are currently 1,400 milking cows and 260 calves on the site. Responding to Chair
Kirkmeyer, Mr. Podtburg stated he feels they have been following the Manure Management Plan
in accordance with the Confined Animal Feeding Operations (CAFO) ContrDI Regulations, and
added the new lagoon is currently being built. Mr. Podtburg indicated the locations of several other
dairies in the area, and stated the buffer zone will remain planted in alfalfa and pasture. In
response to Commissioner Vaad, Mr. Anderson explained the State regulated operations have no
odor requirements to follow;State water quality regulations apply to all land that the facility controls,
including land outside the permit area; the applicant must keep records for three years; and the
storage or use of manure removed from the property is not the applicant's responsibility. Mr.
Anderson stated Condition of Approval #2.G addresses the abatement of air quality and dust
management which must be balanced by using just enough water to control the dust and yet not
cause odor. He reviewed some of the common practices to reduce odor caused by manure and
standing water, stated the new sprinklers will allow the applicant to spread wEstewater to prevent
runoff; and under this permit, the applicant will be required to implement fly and pest control. In
response to Commissioner Vaad, Mr. Anderson reviewed the water treatment and use. Chair
Kirkmeyer recessed the meeting until 1:30.
Upon reconvening, Mr.Anderson requested Development Standard#14.B be.amended at the end
of the first sentence to add, "under control of the permittee," to clarify that this permit is consistent
with State CAFO Regulations and identify that the applicant is only responsible for keeping records
of land application owned by him and not when manure from the dairy is applied to another site.
Mr. Anderson requested a similar change be made to Development Standarc #14.C to insert the
same wording after the word "land." He stated the applicant has reviewed and agrees with the
remaining Conditions of Approval and Development Standards. In response to Commissioner Hall,
Mr.Jiricek stated Health Department staff has discussed the proposed language with the applicant;
however, staff has no objections since the concept is implied by CAFO Regulations. Mr. Morrison
stated proposed language clarifies the CAFO requirements and makes the standards consistent.
In response to Commissioner Baxter, Mr. Anderson stated the three main issues of concern to
surrounding property owners are water quality protection, odor, and flies. H a stated there have
been problems with these issues in the past; however, under this permit, the applicant will be able
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to better manage wastewater, and will be required to abate dust, odor and flies. Mr. Anderson
stated the applicant is willing to change the current management techniques of the facility to
resolve the issues. Mr. Podtburg stated the sprinklers are operational, the additional holding pond
is being built, and they will use these improvements whether this permit is approved or not.
In response to Chair Kirkmeyer regarding Development Standard #18, Mr. Jiricek stated
agricultural burning includes those activities, such as ditch burning, but they cannot burn trash for
disposal when other options are available. Commissioner Vaad commented The major odor source
is the lagoon and he has been persuaded that reasonable steps are being pursued to reduce if not
eliminate the problem. He further stated the facility is implementing Best Management Practices,
the application is in compliance with the A(Agricultural)Zone District,the spec al use requirements
will ensure that there is adequate protection of the health, safety, and welfare of the public, the
plans for manure management and wastewater lagoons are engineer designed and certified, and
the abatement plans for dust,fly,and odor are reasonable. Commissioner Vaad moved to approve
the request of Longs Peak Dairy, LLC/Podtburg Dairy for a Site Specific Development Plan and
Use by Special Review Permit #1258 for an Agricultural Service Establishment and Livestock
Confinement Operation (dairy)with 2,000 head of cattle in the A(Agricultural) Zone District, based
on the recommendations of the Planning staff and the Planning Commission, with the Conditions
of Approval and Development Standards as entered into the record with modifications to
Development Standards#14.B and #14.C as requested by the Health Department and applicant.
Commissioner Baxter seconded the motion. Chair Kirkmeyer clarified the motion. Commissioner
Geile commented the applicant has adequately justified the issues to be addressed, and if
complaints are filed, the applicant will have to address them. Commissioner Geile stated he
supports the motion. Commissioner Baxter commented a dense residential subdivision was
allowed in the middle of a highly agricultural area; however, with the proposed controls that were
not there before, the situation will be improved since the dairy is already these. Chair Kirkmeyer
requested Development Standard#13 be amended to delete everything after the first sentence and
replaced with"The facility shall be operated in accordance with the approved Odor Abatement Plan
at all times." She further requested Development Standard#16 be amended to delete everything
after the second sentence because it is not necessary since the facility should he implementing the
plan anyway. Commissioner Hall stated it is not harmful to spell out all of the requirements, even
if it is a bit redundant. Mr. Jiricek stated the additional language in these Development Standards
allows staff to mitigate any negative situations without bringing it before the Board. He further
stated that although it may not be necessary for this particular facility, other facilities may need the
additional instruction. Mr. Morrison stated the language also parallels language in the Zoning
Ordinance and is consistent. Mr. Jiricek read Section 34 of the Zoning Ordinance for the record.
Chair Kirkmeyer stated that Section applies to facilities that don't have permits, and added the
language is not used in Development Standards #3 and #19 for the other types of plans. Mr.
Morrison suggested approving the plan with provisions for control if the site comes out of
compliance. Chair Kirkmeyer stated the language is confusing because it indicates the plan will
only be implemented at the request of the Health Department rather than implementing it all the
time. Commissioner Vaad agreed and amended the motion to amend Development Standards
#13 and #16 as proposed by Chair Kirkmeyer. Commissioner Hall expressed concern with
eliminating the language and the requirement of the 15 to 1 odor standard. Chair Kirkmeyer stated
the requirement will be the in the plan which must be approved by staff. Mr. Morrison stated if the
Board desires to have that requirement it should remain in the Conditions of Approval rather than
leaving it up to staff to ensure it is in the plans because not all applicants will voluntarily place it in
their plans. Mr. Jiricek stated this requirement has become a standard request based on other
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dairy applications in the past. He further stated the plans are not reviewed until after approval of
the permit and without the specific condition, the applicant will not be required to place it in their
plans. In responses to Commissioner Vaad, Mr. Morrison stated the plans are only drafts at this
point and have to be approved prior to recording the plat. Commissioners Vaad and Baxter agreed
to amend the motion with changes to Development Standards #13 and #16. Commissioner Hall
stated he is uncomfortable with the proposed changes because they do not allow flexibility from
the approved plans. Mr. Jiricek stated as proposed there is nothing that prevents the applicant
from submitting a plan without the standards. Commissioner Vaad and Commissioner Baxter
withdrew the amended motion because although the language may be redundant it does provide
safeguard. Chair Kirkmeyer expressed concern that each expansion requires more stringent
standards and stated the CAFO Regulations were not designed to protect surrounding properties,
they were created to protect state waters, which is why it does not regulate odor. There being no
further discussion,the original motion to approve the applicant and amend Development Standards
#14.8 and #14.C as proposed by the Health Department and the applicant carried unanimously.
This Certification was approved on the 24th day of April 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: l/ '/ ?*
r arbara J. irkmeye , Chair (/
Weld County Clerk to th "c ; err .
yki
/, f r.T Q .
,,w. J. eil2, Pro-Tem
BY: • I u 5
Deputy Clerk to the Boa <► S� ��
`, __eorge'"E. Baxter
iEdTAPE #2000-10 and #2000-11 \=
Dale Hall
DOCKET#2000-16
' �J
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1258 - LONGS PEAK DAIRY, LLC / PODTBURG DAIRY
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 03/07/2000)
D. Clerk to the Board Notice of Hearing
E. Sue Burke Letter of Concern (03/20/2000)
F. Allen Bergerud and Linda Cooper Letter of Opposition (03,21/2000)
G. Kathleen Chynoweth Letter of Support (03/27/2000)
H. Diana Gabriella Letter (E-Mail) of Opposition (04/13/2000)
Robert Craig Letter (E-Mail) of Concern (04/17/2000)
J. Planning Staff Photo of sign posted on the site
(04/05/2000)
K. Scott and Kim Carlson Letter of Support (04/16,'2000)
L. Ron and Donna Hastings Letter of Support (04/16,'2000)
M. Shari Wittkorn Letter of Support (04/19,'2000)
N. Planning Staff Memorandum re: Change to Development
Standard #14
O. Joanne Stroud Overhead showing Northmoor lots
P. Joanne Stroud Three Photos
Q. Joanne Stroud Letter of Concern (04/1./2000)
R. Michael and Darlene Smith Letter of Opposition (04/10/2000)
S. Edwin DeFeyter Letter (E-Mail) of Oppos tion (04/19/2000)
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF APRIL, 2000:
DOCKET#2000-18 - ROBERT PITTINGTON - W ITHNeAtOm
DOCKET#2000-16 - LONGS PEAK DAIRY, LLC/ PODTBURG DAIRY
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.
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