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Home My WebLink About20002773.tiff HEARING CERTIFICATION DOCKET NO. 2000-72 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1289 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND A LIVESTOCK CONFINEMENT OPERATION (4,000-HEAD DAIRY) AND FOUR ADDITIONAL ACCESSORY TO FARM DWELLING UNITS IN THE A(AGRICULTURAL)ZONE DISTRICT -TERRY DYE/DYELANDS DAIRY, LLC A public hearing was conducted on December 6, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem 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 November 17, 2000, and duly published November 22, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of Terry Dye/Dyeland Dairy, LLC,for a Site Specific Development Plan and Use by Special Review Permit #1289 for an Agricultural Service Establishment and a Livestock Confinement Operation (4,000-head dairy) and four additional Accessory to Farm Dwelling Units in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. 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 of the site, and stated eleven referral agencies responded favorably or proposed conditions. She stated the proposal is consistent with the Weld County Comprehensive Plan and Agricultural Zone District, the soils at the site are designated prime or prime if irrigated, the Conditions will mitigate any incompatibilities with surrounding land uses, and the site is allowed 1,100 animals as a use by right. Ms. Chester stated if this request is approved, the applicant will be required to abide will all regulations of the Colorado Department of Public Health and Environment, and standards of this permit. She submitted a letter and maps regarding the location of employee housing, marked Exhibit LL. In response to Commissioner Geile, Ms. Chester stated Brent Coan previously submitted a letter at the Planning Commission hearing indicating the file is not complete; however, the Planning Commission did include a statement in its motion which found the file to be complete. She stated the legal description was discussed with the Clerk to the Board's Office and corrected for notification of this hearing, and Warranty Deeds have also been included to complete the file. Mr. Morrison stated Planning Staff determines if a file is complete, and the burden of proof is still on j9/ #7(EP) /9 /V 2000-2773 T PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 2 the applicant to ensure all items have been included. He further stated the Zoning Ordinance does not require that each section of the file be reviewed to determine if it is complete. Trevor Jiricek, Weld County Department of Public Health and Environment,stated prior to December 4,2000,the Health Department received no complaints regarding this property; however, since that time a complaint was submitted regarding potential discharge from the existing corrals into a nearby water pond. Mr. Jiricek stated he visited the site and if this application is approved, there will be Conditions of Approval and Development Standards to help ensure there is no discharge from the facility. Terry Dye, applicant, stated he currently operates a 2,000-head dairy approximately one mile west of the proposed site, which has been in operation for 15 years. He stated this will be a quality operation fun by his family. Mr. Dye stated there have been no complaints or disputes with neighbors regarding the current dairy, they host 500 to 1,000 visitors annually, including the U.S. Geological Survey and the EPA, which both indicated this is a high quality facility. Responding to Commissioner Geile, Mr. Dye stated he purchased the south 200 acres approximately a year and a half ago from Duane Aranci, which was previously a farming operation with a 600 to 800-head feedlot. He further stated there are approximately 500 heifers currently on the site. Mr. Dye explained he purchased the northern 80 acres this past Spring. Thomas Haren, AgPro Environmental Services, LLC, represented the applicant and stated he has worked with the applicant for the past three years. He stated prior to purchasing the site, the applicant asked him to inspect it and he feels it is a prime location for a dairy based on the slope, exposure,and location. He explained that although the applicant is allowed 1,100 animals through a Use by Right, he advised him to apply for a Use by Special Review Permit to allow more animals to make the operation economically feasible. Mr. Haren explained the applicant has also agreed to add a berm on the west side of the dairy along Weld County Road15, there is already a berm on the south, which will be lined with trees. He stated they met with Sonya Stonestreet, surrounding property owner, and based on her concerns, the applicant has agreed to move the employee housing near the milking parlor, so there will be no activities on the northern end of the property. Mr. Haren stated the existing feedlots and corrals will be removed and redesigned as indicated in the application materials. He further stated the application also includes various abatement plans. (Switched to Tape#2000-35) Regarding the completeness of the file, Mr. Haren stated everything has been submitted,there were two versions of the Soils Map in various portions of the file; however, one was correct, and they have supplied the County with the deeds that were previously missing. Responding to Commissioner Geile, Mr. Haren stated the Manure Management Plan details management of any stormwater runoff, he indicated the location of the designated compost area, and the drainage area includes 78 acres of agricultural land. Mr. Haren stated the State Health regulations require the applicant to design a retention facility to contain runoff from a 25-Year, 24-Hour storm event, as well as process water from tanks and parlor washing. Mr. Haren explained the facility is designed to contain a year's worth of wastewater storage without land application; however, in the event the ponds need to be dewatered, there are 110 total acres available for land application. He further stated potable water will be supplied by the North Weld County Water District, which has provided a letter indicating it can supply the necessary water. He stated the applicant will purchase water and infrastructure at$400,000.00. In response to Commissioner Geile, Mr. Haren referred to the Soils Map in the Manure Management which indicates shale outcroppings near the Cactus Hill Ditch,and as the ditch seeps, 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 3 it flows along the shale. After working with the engineer, they have decided to install special drains along the foundation of the milking parlor. He stated the seepage will have no effect on the pen areas, or lagoons. He explained they did site testing in the area of the lagoons, which indicates this is a good location due to the heavy soil type, and the State engineer indicated the well north of the lagoons has water ten feet below ground level. Mr. Haren stated one well on the site is very shallow and does not produce quality water; however, there are other wells in the area that are 30 feet or deeper. Mr. Haren explained the lagoon design, and stated that although they are not dug very deep, the removed dirt is used to build up the perimeter walls to increase depth. Responding to Commissioner Geile, Mr. Haren stated surrounding property owners submitted photographs of noxious weeds; however, those photographs were taken in the old coral and County right-of-way. He explained the applicant lives one mile east of the proposed site, and since he purchased the property, Mr. Dye has invested a lot of time and money to improve the site. Commissioner Geile referred to a letter from Mr. Goan dated December 12, 2000, and he read a portion of page three into the record. Mr. Haren stated he met with the Water District and discussed the proposed water needs of cow consumption and the milking parlor. According to the Water District, the applicant will be responsible for approximately $400,000.00, and Mr. Coan's figures are not realistic. Mike Goss, Greeley resident, commended Mr. Dye on a quality dairy operation. Mr. Goss stated in the past he worked for Dairy Specialists so he had the opportunity to visit many dairies, and this is a prime site. He explained smaller dairies are no longer feasible because of the market, and added the current dairy is well run and he is sure the proposed dairy will be as well. Mr. Goss stated the applicant should be allowed to proceed with this request and continue to provide a quality product. Ruth Preist, surrounding property owner, stated she will live directly across the street from the proposed dairy, and she expressed concern with this proposal because they have spent the last eight years developing a farm for sheep. Ms. Preist stated there is not an adequate amount of land to support the amount allowed through a Use by Right, let alone more. She further stated this dairy is moving into a residential area with nice homes, the cost of water will far exceed $400,000.00 as indicated by the applicant, and the amount of waste will be equivalent to the impact of a 4,000- person city. Ms. Preist expressed concern with sewage disposal, odors, dust, pesticides. She stated the residential uses in the area will generate more tax revenue than a dairy, and this dairy purchases feed and supplies from areas outside of Weld County. Linda Russell, surrounding property owner, gave a brief description of the location of her home, and stated she chose to live in an agricultural community to avoid restrictive Covenants, and she assumed this area would continue to be developed with agricultural/residential uses. Ms. Russell stated a 4,000-cow operation is equivalent to a commercial operation which will result in a light industrial noise level. She stated the surrounding area is zoned agricultural; however, their properties are taxed as residential. Ms. Russell stated she purchased an additional ten acres to prevent encroachment of future development, and she referred to news articles indicating the potential growth in the area. She stated the proposal is more than four miles from any town; however, it is near the Bellemont development, and the proposed use is not compatible with the existing or future uses. Ms. Russell expressed concern with dust, odor, and flies and their effects on residents in the area. 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 4 Bill Cheng, surrounding property owner, stated this dairy will impact the surrounding neighbors by lowering property values. He stated he already deals with the effects of the existing dairy which is approximately 1/8 mile from his home, and this proposed use is not compatible with the existing small family farms and ranchettes. David Haak, surrounding property owner, stated he agrees with the previous statements of opposition,and added he is already affected by the odor,dust,and noise from the applicant's other operation. He stated his home will be located between both operations, and it will limit the ability of local residents to sell their property. Mr. Haak stated he supports agricultural uses and the applicant's Use by Right; however, he does not support a dairy four times the allowed amount. Jeanne Gelvin, surrounding property owner, stated this proposal will affect their homes and lives. Ms. Gelvin stated they applied and were approved for a Minor Subdivision less than two years ago and they were required to do major improvements such as streets and landscaping. She stated the dairy will decrease the value of those improvements,the lights from the dairy will be visible from her home, and the applicant is not required to satisfy the concerns of the local Fire District. Ms. Gelvin also expressed concern with the impact to schools and roads and stated the applicant does not even live in Weld County. Wendy Mullins, surrounding property owner, stated the economic feasibility of agriculture has decreased over the years and residential uses have increased. Ms. Mullins stated this will be an industrial-sized dairy which will not be compatible and will change their quality of life by increasing traffic, noise, lights, etc. She stated she is not opposed to a dairy allowed as a Use by Right; however, the application is for four times the allowed amount. Tracy Eichheim, surrounding property owner, expressed concern with placing the employee housing and septic systems in an area that experiences seepage from the Cactus Hill Ditch, which is approximately 10 feet wide and 4 feet deep. Mr. Eichheim stated the applicant is requesting an emergency exit from the milking parlor to Weld County Road 84 which will likely be used by the employees,but should only be surfaced and adequate for fire emergency equipment. Mr. Eichheim stated he shares a ditch with Cleon Kimberling that crosses the applicant's property, which he indicated in green on Exhibit PP, and added this ditch should be shown on the plat. He further stated the applicant has an access road that parallels the ditch and he expressed concern with runoff and debris from the road clogging the ditch. He requested the applicant be required to replace the ditch with a strong underground pipe, which will not be damaged by farm equipment traffic. Mr. Eichheim stated the dairy will generate 31.8 tons of compost per day,and he submitted a transcript from the Planning Commission hearing, as well as a portion of the Comprehensive Nutrient Management Plan, marked Exhibits MM and NN,and stated the waste management issue has not been adequately addressed. Mr. Eichheim also displayed an overhead showing an aerial photograph, as well as a photocopy of the existing dairy which indicates many piles of manure, marked Exhibits OO and PP. He indicated the area used to compost manure from 2,000 cows is comparable to the area proposed for the new dairy, which is twice as large, and added the proposed composting site is visible from several directions. Mr. Eichheim designated the route of water flow on Exhibit PP, and stated it is unclear how the lagoon system will work considering they are above ground. He stated the well referred to by Mr. Haren is a hand-dug well that runs approximately eight to twelve feet deep seasonally, and added the manure piles and compost area 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 5 will be located in a high-seepage area. He stated the existing tailwater pond has been exposed to groundwater and should no longer be used as a runoff area or storage pond. Mr. Eichheim expressed concern with altering the natural flow of water, and he gave a brief description of the current water route. He stated the lagoons are sized for a 3.4-inch storm. He displayed an overhead reflecting a transcript of Tom Haren's comments, marked Exhibit QQ. He stated in 1999, there was a ten-day storm which resulted in 7.5 inches of rain and he submitted a rain gage record, marked Exhibit RR. Mr. Eichheim stated in the event that the retention pond should fail, the wastewater will flow into Anson Reservoir and could result in damage to surrounding homes. Responding to Chair Kirkmeyer, Mr. Eichheim stated there is a Right to Flow Agreement between him and Mr. Kimberling for use and maintenance of the historic branch ditch which runs across the applicant's property. He stated the ditch agreement is recorded and the water is used to irrigate their land; however, the property owner is not a party to the agreement, nor is there an easement. Mr. Eichheim stated he has lived in this area for twelve years. Responding to Commissioner Baxter, Mr. Eichheim stated the ditch water originates from the Cactus Hill Ditch at gate 15, and he owns twelve shares of North Poudre water which he uses to irrigate approximately 30 acres of hay for his sheep. The applicant only owns one share of water which is controlled by the North Poudre Irrigation Company. Following discussion as to the various marks on Exhibit PP, Commissioner Hall suggested Mr. Eichheim label the highlighted portions of Exhibit PP prior to the close of the record. Chair Kirkmeyer clarified she has a previous engagement and will recess this hearing at 4:15 and continue the matter to 10:00 on Tuesday, December 12, 2000. Jean Eichheim, surrounding property owner, stated she agrees with the previous comments of opposition. She stated she raises a rare breed of sheep, and there is a total of approximately 300 in the neighborhood. Ms. Eichheim stated she contacted her veterinarian regarding diseases which can be transferred between cattle and sheep, and she submitted a letter from her veterinary, marked Exhibit SS. Ms. Eichheim discussed the potential diseases carried by cattle and sheep that could be a conflict between the proposed dairy and existing livestock in the area. Jim Erthal, surrounding property owner, indicated the location of his home at the intersection of Weld County Roads 15 and 84. He stated large trucks from a nearby livestock auction use these roads and have a difficult time turning the corner, and he expressed concern that dairy trucks may have the same problem. Mr. Erthal suggested this intersection be widened and asked whether manure from other sites will be brought to this dairy. He stated there was a group of neighbors which offered the applicant$1.3 million to purchase this property and prevent the development of the dairy; however, that offer was refused. Mr. Erthal stated there are more appropriate sites for a dairy, which won't affect as many people, and added that although he believes in Mr. Dye's Use by Right,this request is unreasonable. In response to Commissioner Vaad, Mr. Erthal stated if the applicant had accepted the purchase offer, the group would have listed the property for sale with restrictions as to its long-term use. Bill White, Colorado College Department of Economics Professor in Colorado Springs, submitted a report entitled, "Regional Economic and Environmental Effects of Large Concentrated Dairy Operations in Weld County," marked Exhibit TT. He stated excessively large operations result in adverse effects. Mr.White reviewed similar studies which indicate that large dairy operations draw 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 6 in other large dairy operations to an area, and the amount of contribution to the economy is based on the number of jobs provided and where the money is spent. This dairy application proposes 15 employees, and states the facility will use 42,000 gallons of water per year, which are minimal figures compared to national standards. Mr. White further stated the lagoons are too small, they have a large potential for seepage, and disease can be transferred to other livestock and people from the water. He explained there are methods for controlling the gases generated by a dairy; however, the application does not indicate those methods will be used, which will result in the gases dispersing to properties located north and west of the site. In response to Commissioner Geile, Mr. White stated he is not certain as to the total number of cows in confined feeding operations in Weld County. He stated his background is in engineering and economics, as well as agricultural economics. Responding to Chair Kirkmeyer, Mr. White stated he has never been a dairy farmer; however, he does work for an organization that works to represent small groups to address the effects from this type of proposal. Mr. White further stated he has been on the CAFO Committee. Responding to Commissioner Baxter, Mr. White explained larger operations are less likely to spend money locally, and the impact to the local area is not from the employees milking the cows, but from people working in the large processing facilities. In response to Chair Kirkmeyer, Mr. White stated he ran a model on this dairy based on the Department of Commerce regional model, using data from the application materials, and he took into account where the feed will come from. Les Gelvin, surrounding property owner, stated in the past the applicant has purchased feed from operations in Larimer County, not Weld County. Mr. Gelvin stated he is in favor of agricultural uses and dairy operations; however, he does have concerns with the compatibility issue at this location, not how well the operation will be run. Mr. Gelvin stated he accepts the Right to Farm Covenant; however, he questioned how this diary will benefit Weld County. He referred to a June issue of the Fencepost magazine regarding Morwai Dairy, and asked why that operation was allowed to take prime farmground out of production. Mr. Gelvin expressed concern with employee traffic, as well as truck traffic hauling cattle, milk, feed, and manure. He stated the application does not adequately reflect the true intent of the proposal, and added there are 50 homes within one mile of the proposed site. Responding to Commissioner Vaad, Mr. Gelvin stated his wife, Jeanne Gelvin, spoke earlier, and added he was not involved in the offer to purchase the land from the applicant. Paul Miller represented Royal Crest Dairy and stated he purchases milk from the applicant, and feels that Mr. Dye runs a fine operation. Mr. Miller stated he understands the view of the neighbors, but added he is certain the applicant will follow through on the application as proposed and will comply with the necessary regulations. In response to Chair Kirkmeyer, Mr. Miller stated he has worked with the applicant for 12 years. Responding to Commissioner Vaad, Mr. Miller stated the dairy operations in the front range are having to expand in order to remain in operation. Greg Erthal, surrounding property owner, stated he has lived in this area for three and one-half years. He stated he enjoys the remote area for riding horses, no lights, and clear air. Mr. Erthal expressed concern with lights, odors, and 24-hour production. Mike Katsampes, Veterinary for Dye Dairy, stated the animals are kept in clean pens, this is an international-class operation,and there are no health problems out of the ordinary. Mr. Katsampes 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 7 stated the cows are vaccinated, tested regularly, and well protected. He further stated the applicant has proven his sites remain in compliance, there have been no positive test results showing Johnes Disease exists in Mr. Dye's herd, and his management techniques help reduce the number of occurrences in new animals coming into the herd. Chair Kirkmeyer stated there are Violation Hearings on Tuesday morning at 10:00 a.m., and she recessed the hearing to 10:30 on Tuesday, December 12, 2000. Upon reconvening, Kent Kurchenfaut, surrounding property owner, stated the existing dairy is well managed, he experiences minimal impacts and has no complaints. He stated the dairy is an important part of the community because Mr. Dye allows the local farmers to use his scale free-of- charge for weighing their crop loads. He expressed concern with private vehicles speeding and causing damage to the roads, not agricultural trucks. In response to Commissioners Baxter and Vaad, Mr. Kurchenfaut indicated he lives east of the existing dairy along Weld County Road 13, and he is in favor of the proposal. Responding to Commissioner Geile, Mr. Kurchenfaut stated the two dairies will be within one mile of each other. Jim Clary, surrounding property owner, read a portion of an article from the Greeley Tribune, marked Exhibit UU,for the record. (Switched to Tape#2000-36.) He expressed concern regarding the impacts of the proposed dairy on their land and potential building site. Evelyn Clark, surrounding property owner, stated she and her family have lived in this area for many years, and many developments have occurred during that time. Ms. Clark stated their farm is located within one-half mile of the proposed 4,000-head dairy, and it is not compatible. Ms. Clark expressed concern with health hazards caused by blowing particles from the feed and corrals. Responding to Commissioner Baxter, Ms. Clark indicated the locations of nearby developments and residences. Carolyn Clary, surrounding property owner, stated they own 45 acres used to raise alfalfa hay, which is irrigated with 18 shares of North Poudre water. Ms. Clary expressed concern with the facility's ability to contain a 24-hour, 25-year storm event due to the minimal amount of land remaining. Ms. Clary gave a brief explanation of the irrigation system throughout the area, as well as the flow from the Cactus Hill Ditch. She suggested the applicant be required to provide groundwater monitoring for the surrounding properties. Ms. Clary expressed concern with living between two dairies, the effectiveness of the lagoons, and the berm along Weld County Road 15 hampering natural drainage. She stated the proposed use is not appropriate for the area, the applicant does not have adequate water to irrigate crops, nor are there enough crops to mitigate nitrates from the manure. Ms. Clary expressed further concern regarding pests and herbicides which may cause health issues. She stated this dairy will not benefit the local area because although she raises hay, Mr. Dye does not purchase from her. In response to Chair Kirkmeyer, Ms. Clary submitted her observations of the applicant for the record, marked Exhibit VV. Howard Ramsdell, surrounding property owner, stated he is opposed to this application because it is incompatible with the existing land uses. He indicated in the past the Board of Commissioners has approved development in the area and should be aware that a dairy is no longer compatible. Mr. Ramsdell stated he is an assistant professor at CSU in the Environmental Health Division, and 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 8 explained noxious dust generated by the site can potentially cause respiratory issues for surrounding residents. Mr. Ramsdell stated the waste will also generate ammonia gas in mass amounts which is dangerous to human health. In response to Commissioner Geile, Mr. Ramsdell stated a dairy becomes an industrial site when it falls under the CAFO Regulations and has no other function than to milk cows. He stated all of the feed will be hauled in, and milk will be hauled off site. He further stated under the proposed plan there will be a highly dense dairy operation in close proximity to a residential area. Joan Bowen, surrounding property owner, spoke on behalf of five sheep operations which are located within two miles of the proposed dairy. Ms. Bowen stated she previously submitted a letter for the record regarding diseases which can be transmitted from cattle to sheep, and she cited other instances where dairy operations are losing stock due to a disease carried by sheep. Ms. Bowen expressed concern with the existing sheep operations being penalized for loss of cattle, when the sheep operations were in existence first. Sue Kerchenfaut, surrounding property owner, stated she lives across the street from the existing dairy, and feels that many of the concerns expressed are not founded. She stated the applicants are good neighbors, and they do purchase hay from some of the residents in the neighborhood. Ms. Kerchenfaut stated they moved to Weld County to enjoy the agricultural surroundings,and she expressed concern regarding the increasing residential uses in the area. In response to Commissioner Vaad, Ms. Kerchenfaut stated she and her husband own 61 acres. Ancel Lewis, surrounding property owner, stated he recently purchased 26 acres which has a lake that is used to irrigate his property. Mr. Lewis stated the existing dairy generates a lot of noise, uses heavy equipment, and he is concerned with the impact this dairy will have on surrounding reservoirs,wetlands and wildlife. Mr. Lewis stated he was not aware of the potential for 4,000 cows of the site and expressed concern with increased traffic, noise,etc. Responding to Commissioners Vaad and Geile, Mr. Lewis stated he was not involved with the purchase offer, he purchased his property two months ago,and added the previous owner, Dr. Carlson, previously submitted a letter into the record. He further stated he respects a Use by Right dairy at the site, and the other dairy owned by the applicant did not devalue the property that he purchased; however, he is concerned with potential health problems. Cleon Kimberling, surrounding property owner, stated he previously submitted a booklet, marked Exhibit K, and then submitted photographs marked Exhibit WW. Mr. Kimberling stated he works for CSU, as an Extension Veterinary, and he owns 56 acres of irrigated land near the proposed dairy site. He stated he is on the Legislative Advisory Committee for the American Vet Association, and he discussed the environmental impacts of Microbials and Minerals. Mr. Kimberling stated the main concern of the EPA is with Phosphorus and how it can destroy water life. He displayed overheads of the photographs, marked Exhibit WW. In response to Commissioner Geile, Mr. Kimberling stated the Black Hollow Reservoir is owned by the Water Storage and Supply Company. He further stated the North Poudre Irrigation System supplies the area, and the Cactus Hill runoff and tail water runs into the Black Hollow Reservoir. Mr. Kimberling stated the Cactus Hill Ditch is owned and maintained by the North Poudre Irrigation Company and they are aware of the seepage issues. Responding to Commissioner Baxter, Mr. Kimberling stated his primary concern is 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 9 regarding runoff from the site caused by rain and irrigation, as well as health hazards caused by manure. Keith Mullins,surrounding property owner,stated he lives west of the proposed dairy. He explained the buyout was proposed by seven families which pooled their resources to purchase property to prevent the dairy. He stated the applicant was offered $1.3 million; however, that amount was rejected. Mr. Mullins explained those involved were facing a financial loss on the purchase, or reduced property values if the dairy proceeds. He stated he has lived in the area for 30 years, the North Weld County Water District supplies domestic water, and irrigation water will be from the Cactus Hill Ditch which is owned by the North Poudre Irrigation Company. Mr. Mullins stated all users of the North Poudre Irrigation System are partial owners, and they own the water necessary to irrigate their land. He further stated the applicant does not own enough water for the land which he plans to farm and will be required to rent water. He explained the City of Fort Collins owns more than half of the water in the system and due to growth, it will be more difficult to rent water due to the municipal demand. Mr. Mullins stated there is no guarantee that rented water will be available for the proposed dairy, and expressed concern that the applicant's representative has displayed a new site plan which indicates significant changes. Chair Kirkmeyer recessed the hearing until Wednesday, December 13, 2000, at 10:00 a.m., and stated Mr. Mullins will be the first to speak to complete his testimony. Upon reconvening, Mr. Morrison stated for the record, Exhibit PP has been modified by Mr. Eichheim to indicate the various items he referred to during his testimony. Mr. Mullins continued his testimony by stating the new site plan submitted at the previous hearing is different from what was originally proposed. He explained the new site plan shifts the location of the entire operation to the north by approximately 200 feet,the compost area is increased by 50 percent, and the changes may result in the need for new calculations for runoff management. He added the changes reduce the amount of overall farmable land,the northern edge of compost area is at the half-mile line, and the sewage lagoons will be closer to his home. Mr. Mullins further stated the groundwater level in this area is approximately 7.5 feet from the surface and he feels it will be difficult to control seepage. He uses his well to water his livestock and wants to ensure his well is not contaminated, and added the existing tail-water pond has been exposed to groundwater and should not be allowed to store wastewater. Mr. Mullins stated the Nutrient Plan states manure will be used for fields and landscaping companies; however, he feels the compost is too costly, and it will not be beneficial to farmers because there are not enough nutrients in compost to benefit their crops. He further stated it is unlikely that there is enough demand from landscaping and gardening operations. Mr. Mullins stated the Planning Commission recommended approval of this application based on the good operating history of the owner and testimony that he is a good neighbor; however, he expressed concern that the special use remains with the property, and the next owner may not be as successful in his operations. In response to Commissioner Baxter, Mr. Mullins stated the Cactus Hill Sheep operation does compost material on its site. Responding to Commissioner Geile, Mr. Mullins stated the group of local homeowners offered to purchase the 200 acres where the dairy is to be placed, which results in approximately $5,000.00 per acre. 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 10 Pam Erthal, surrounding property owner, stated she has lived in the area for some time, and she raises livestock. Ms. Erthal expressed concern with placing a dairy on erosive soil, she stated noxious weeds are a problem in the area, and she asked what is proposed on the southwest corner of the property. She stated there are times that water is difficult to rent, and indicated the 13 letters of support are predominantly from businesses in Larimer County which does not indicate a benefit to Weld County. In response to Commissioner Geile, Ms. Erthal stated the property east of the site is dryland with few residences. Kirk Kimberling, surrounding property owner,stated he lives one-quarter mile west of Weld County Road 15 on Weld County Road 84. He stated he is opposed to the proposal due to potential traffic that will be generated. He stated his property has been owned by his family since 1968, and they have made improvements to the site including landscaping, a gated pipe system. Mr. Kimberling expressed concern with the dairy adversely affecting their quality of life and property values. Betty Kimberling, surrounding property owner, stated she lives immediately west of the proposed site. She explained a traffic study was conducted at the intersection of Weld County Roads 15 and 84 in 1992. The study indicated an increase in truck traffic which had been generating dust and health issues for surrounding residents and their livestock. Ms. Kimberling stated the community worked with Anheuser Busch to raise the necessary funds to pave certain portions of the road, which cost approximately $3,500.00 per parcel, at no cost to the County or other taxpayers. She stated feed grinding operations on the south end of the dairy will cause health hazards to adjacent residents and may force them to leave. Ms. Kimberling explained the previous owner of the dairy site was a good farmer, he maintained the weeds and surrounding ditches; however,they have not been maintained by the applicant. She stated her family rented large equipment to clear debris from the ditches at their expense. She further stated there is no guarantee that Mr. Dye will always own this property to run a quality operation, and added their property values will likely decrease. Frank Sewald, surrounding property owner, stated he lives south of the site, and although he is not opposed to a Use by Right, he is opposed to a 4,000-head dairy. Mr. Sewald stated it will not be compatible with the surrounding uses, nor did the applicant consult with the neighbors prior to his purchasing the property. Mr. Sewald stated he has a small hobby farm which he intends to leave to his family, and added he was involved in the proposal to purchase the land. He explained they were willing to take a financial loss on the property in order to maintain their current quality of life. In response to Commissioner Geile, Mr. Sewald stated he raises alfalfa and pastures two animals on his property. Responding to Commissioner Vaad, Mr. Sewald stated a Hobby Farm does not generate income, it is for pleasure. Glenn Russell, surrounding property owner, stated he agrees with all of the previous comments. He stated his veterinarian has determined that the dust from the traffic on County roads has killed two of his animals, and he expressed concern with a sprinkler system distributing lagoon water on crops that will be across the road from his riding arena and will be a health hazard. Brent Coan, attorney, stated initially a group of surrounding property owners requested he represent them and present their concerns to the applicant. He stated they met with the applicant to discuss his proposal, and at that time, the applicant indicated he was going to construct a 1,000- head dairy. Mr. Coan stated his clients did discuss purchasing the property to prevent the dairy 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 11 development. In response to Commissioner Geile, Mr. Coan stated he is representing four individuals today, and he previously represented the seven families who intended to purchase the site. Mr. Coan submitted a copy of the purchase offer, marked Exhibit YY, and stated the amount offered would have provided the applicant with the means to purchase a more appropriate site. Responding further to Commissioner Geile, Mr. Coan stated he feels it is appropriate to submit the specific terms of the purchase offer as part of the public record. He also submitted a fact sheet regarding JOA Feedlot, marked Exhibit ZZ, and stated the waste generated by 4,000 cows is similar to that generated by a city with a population of 136,000 humans. Mr. Coan read a portion of Exhibit AAA for the record, and stated a Special Use Permit will not reduce the inevitable conflicts between the proposed and existing uses; however, he reiterated that testimony from a majority of the residents indicates they are willing to accept the amount allowed as a Use by Right. Mr. Coan displayed three overheads and submitted originals, marked Exhibits BBB, CCC, and DDD, showing seepage from the Cactus Hill Ditch. Responding to Commissioner Geile, Mr. Coan stated the Cactus Hill Ditch does seep and his clients feel it should be the responsibility of the applicant to correct the problem to ensure water is not contaminated by manure on the site. He stated at the Planning Commission hearing the applicant indicated he was willing to line the ditch with concrete. Mr. Coan submitted a chart, marked Exhibit EEE, summarizing the location of residences in the area, which he reviewed for the record. He also submitted a letter from the Larimer County Health Officer, marked Exhibit FFF, concerning seasonal complaints about the applicant's operations,and added the applicant did not apply for the building permit, marked Exhibit GGG, until the issue was brought to the attention of the Building Inspection Department. Mr. Coan also submitted the follow-up letter regarding an inspection at the current dairy, marked HHH, and read various portions of the letter regarding a lack of records at the existing dairy site, and stormwater contained in a berm that is supposedly exempt from the CAFO Regulations. Mr. Coan indicated the proposed site will not be adequate for land application of manure and wastewater, and he displayed an aerial photograph certified in 1993, marked Exhibit III, which does not display a composting area. He also submitted an aerial photograph, dated 1999, marked Exhibit JJJ, indicating the composting area. In response to Mr. Morrison, Mr. Coan stated he does not have a Certification Letter for the 1999 photograph, marked Exhibit JJJ. In response to Commissioner Baxter, Mr. Coan explained the photograph proves the berm did not exist prior to 1993 and therefore should not be exempt from the CAFO Regulations,and is a current violation. Responding to Chair Kirkmeyer, regarding Mr. Jepson's letter dated November 29, 2000, marked Exhibit HHH, Mr. Coan stated Mr. Jepson's conclusions are incorrect because he was provided faulty information, and he intends to forward copies of the photographs to his office for consideration. Mr. Coan stated the applicant has not complied in the past, he did not get adequate building permits until asked for them, and his current operation does not comply with CAFO Regulations. Mr. Coan submitted a diagram of residences within proximity of the proposed dairy, marked Exhibit KKK,which he reviewed for the record. Responding to Commissioner Baxter, Mr. Coan stated the green dots are inhabited residences, except for one, and he added that most of the testimony has been from owners of properties indicated on this diagram. Chair Kirkmeyer recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Coan continued his testimony by clarifying that the one residence he indicated was not occupied, is in fact occupied for part of the year. He referred to a letter from Evelyn Clark, marked Exhibit FF, regarding a 153- unit subdivision currently in the Sketch Plan phase located one mile south of the proposed dairy site. He stated the proposed subdivision does have sewage problems, but could potentially 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 12 proceed, and added the City of Fort Collins' city limits is three and one-half miles to the west. Mr. Coan referred to a letter from the North Weld County Water District, marked Exhibit 21, which he reviewed for the record. He indicated the applicant's estimate of $400,000 for water and improvements is unlikely because tap fees alone will exceed that proposed amount. He stated the Water District has indicated they give raw water credits for each acre-foot of dedicated water or it requires the purchase of raw water. He stated the Water District also provides the option of renting water; however, that does not meet the intent of providing adequate water of sufficient quality, quantity, and dependability. He explained if the applicant chooses to rent water, there is no guarantee of dependability. Mr. Coan read various portions of an Agricultural and Resource Policy Report, issued by CSU, regarding site selection to avoid conflicts. Mr. Coan referred to a previous hearing regarding a dairy expansion,and stated the Board denied the request because it found the proposal to be incompatible with surrounding uses which included only 14 to 17 homes. He reiterated there are approximately 50 homes within one mile of this request. Mr. Coan stated the previous denial of a similar request has set a precedent for denial of this request based on incompatibility issues. He submitted a list of mitigation items, marked Exhibit LLL, for the Board to consider if this request is approved. Commissioner Geile stated the other application had operation issues and it was located within the Urban Growth Boundary area for the Town of Firestone. Chair Kirkmeyer stated the other dairy was not aware of all of the CAFO Regulations, nor were they in compliance. Responding to Commissioner Geile, Mr. Coan stated Larimer County has taken the position that supervision of a violation is the State's responsibility, and they simply forward any complaints received. He explained the State records only go back to April 1999. Referencing the letter from Larimer County, marked Exhibit FFF, Chair Kirkmeyer said the State indicated there was not a problem at the existing dairy. In response to Commissioner Geile, Mr. Coan stated the existing dairy is within the Fort Collins three-mile referral area; however, the proposed site is not, and he added Fort Collins has annexed up to the Urban Growth Boundary line. Chair Kirkmeyer stated the City of Fort Collins has updated its Urban Growth Boundary and Comprehensive Plan in the last five years and they do not indicate the City anticipates growth in this area. Responding to Commissioner Baxter, Mr. Coan stated the complaint referenced in the letter from Larimer County was not on the State list. Responding further to Commissioner Baxter, Mr. Coan stated the seepage from the Cactus Hill Ditch does flow beneath the ditch road, and people who use the ditch have tried various methods to seal the ditch. He further stated it is possible the seepage aides in recharging groundwater levels in the area. In response to Commissioner Hall, Mr. Coan stated dairies are an agricultural use; however, based on the size and intensity, some appear as more of a commercial or industrial operation. He stated the site is designated as prime and prime if irrigated, therefore, it should be farmed. Commissioner Hall expressed concern with the argument that although this is prime farmland it should not be used for an agricultural operation. Chair Kirkmeyer stated this area is zoned Agricultural and she read various portions of the Comprehensive Plan which indicate residential encroachment upon agricultural areas should be prevented. Mr. Coan stated that although there are residences in the Agricultural Zone District, this is for a use exceeding the Use by Right. Chair Kirkmeyer read the intent of Agricultural Zone District which indicates uses that are more intense are allowed as long as the application meets all of the necessary criteria. Mr. Coan stated he agrees but the Board also needs to consider whether it meets the criteria of compatibility with existing uses. In response to Commissioner Vaad, Mr. Coan stated the Right to Farm 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 13 Covenant is good; however, the proposed use is not appropriate for this site. There being no further comments, Chair Kirkmeyer closed public testimony. Thomas Haren, AgPro Environmental Services, LLC, represented the applicant and stated he spoke with the North Weld County Water District which submitted a letter indicating the cost for infrastructure will cost approximately $1.48 per 1,000 gallons. He stated the applicant is paying for quality water because good water is necessary in producing good milk,and added the proposed site is located within the Agricultural Zone District, and the surrounding uses are not estate. Mr. Haren explained the previously discussed dairies were denied based on compatibility issues; however, they were within an Urban Growth Boundary, near residential developments, and there were violations. He explained the other dairies were for more cows with different flushing systems. Mr. Haren stated most of the testimony asked questions; however, there are no founded accusations made regarding the engineering or operation of the site. He referred to Exhibit TT, submitted by Professor Bill Wieda from Colorado College, and stated a large portion of the report does not reference Dyeland Dairy. Mr. Haren stated much of the information was cited from the National Engineering Handbook, which is what he used to design the proposed dairy. He stated the design is based on studies conducted by Colorado State University, and he displayed an overhead of the seepage chart and reviewed his calculations for this site. Mr. Haren expressed concern with the letter from the Larimer County Health Department, because while researching this property, Larimer County staff previously indicated there were no complaints regarding the existing site prior to submitting this application. Mr. Haren stated the berm which is referenced in Mr. Jepson's letter holds precipitation only and water is only temporary. He further stated because they do soil sampling during the winter months, he did not have the necessary information; however, once the sampling is complete, the information will be forwarded. Mr. Haren stated they had an initial review of the site and after input by neighbors they did make alterations to the design. Regarding the purchase offer, Mr. Haren stated they had submitted their plan prior to the September deadline for Amendment 24. He stated they had reviewed the site two years prior to the purchase and felt the site was appropriate. He explained Mr. Sewald's property was listed for approximately$8,000 per acre, which is $3,000 more than what the neighbors offered Mr. Dye for his land. He added the applicant had already invested $102,000 on application and engineering costs. Mr. Haren stated this is an application for a dairy operation with one owner who lives in the area, has been working with the County requirements, and has tried to resolve issues with the surrounding property owners. He stated this is not a large marketing coop; however, he does supply milk to an operation that still does home delivery. Responding to Commissioner Geile, Mr. Haren explained they gather well information from the State Engineer's Office within a one-mile radius of the site when considering the location of the lagoons. He gave a brief explanation of the primary and secondary lagoons design,and stated the existing tailwater pond was cleaned and is approximately 10 feet from groundwater. He stated the lagoons are located on the heaviest soils, there is not an issue with lining the lagoons, seepage is adequate, and seepage from Cactus Hill Ditch will be addressed with French type drains. Regarding comments from Mr. Goan, Mr. Haren stated once the dairy pens are constructed, the animals compact the manure which results in minimal seepage. Responding to Commissioner Geile, Mr. Haren indicated if the ground is saturated or frozen during a 25-year, 24-hour storm, the lagoons are designed for 78-acre feet of storage. He indicated process wastewater amounts to only 14-acre feet per year, and there is enough storage to hold wastewater through the winter 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 14 without distributing. He explained manure loses more than forty percent of its nitrogen content in the lagoons and sprinkler system. Responding further to Commissioner Geile, Mr. Haren stated the compost operation is contracted to a compost operation, which has been working with the applicant for ten years. He explained it takes three months to prepare the compost and the applicant will haul an average of one semi-truck load per day. Mr. Haren stated composting is a very efficient way of managing manure, there is enough area for composting, and the long rows make the operation more efficient. Responding to Commissioner Hall, Mr. Haren stated demand for compost from landscaping operations has not been an issue in the past. He stated the applicant is currently breaking even on compost produced at the existing dairy. He explained farmers don't often use compost due to the low nutrient level; however, it does not harm the ground and the applicant may need to spread for farmers for free to distribute if there is not a demand for the product. He further explained septic systems must be four feet above a confining layer, and if there is not adequate separation, they will use engineered systems. Mr. Haren stated most of the surrounding residences use septic systems, and it is likely the area is suitable. Mr. Haren explained the dust on a dairy is easy to maintain because this is an open-lot facility, type of feed reduces the amount of manure produced, and the manure in pens is removed daily. He stated if dust becomes an issue, they can sprinkle roads or apply chemical mixtures. Mr. Haren explained land application is done during the early morning to reduce odors using a side row and sprinkler versus flood irrigation which increases odor. Responding further to Commissioner Hall, Mr. Haren stated they have had discussions with the Fire District, and he explained they have never had to put in hydrants for any other dairy. He stated they are usually able to work through the plan with the Fire District to eliminate the need for hydrants. Mr. Haren stated the reason the applicant is requesting 4,000 is based on how much the site could handle. He explained there will be 2,000 milk cows, and the remaining will be dry cows and young stock. He stated the proposal is designed for what the land can handle, a Use by Right will likely request an expansion, and the regulations under this permit are considerably more than what is allowed by a Use by Right. In response to Commissioner Baxter, Mr. Haren stated the berm on the south will have trees. (Switched to Tape #2000-38.) He stated they chose this site based on the slope and its location behind a small rise. He further stated the design was altered to move the composting area south, the employee housing near the dairy parlor, and the access to the west at a high point. For clarification, Keith Mullins stated he submitted the new Exhibit marked Exhibit LLL,showing the two different site plans. Mr. Morrison stated all references to Exhibit PP during today's testimony were actually regarding Exhibit LLL. Chair Kirkmeyer clarified the applicant distributed a site plan to surrounding property owners last summer; however, the site plan included in the application indicates a reduced composting area and the new location of the employee housing. In response to Commissioner Vaad, Mr. Haren stated the carbon necessary for compost is provided by the high-forage feed and bedding, and no additional carbon is necessary. He explained State regulations require any water that comes in contact with anything from dairy must be contained,which equals approximately 15-acre feet of stormwater volume. He reiterated there are 78 acres of surface area, and the minimum capacity is 15-acre feet. Mr. Haren explained a 25- Year storm equals approximately 3.4 inches and when run off is factored in, they are required to 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 15 provide 15.3 acre feet of storage. He reiterated that the additional volume required is for water that falls on the surface of the lagoons and for runoff surface water. Mr. Haren stated the lagoon structures are designed to contain any of Colorado's historic storm events, and because they will likely have water in them when a storm event occurs, there is the additional 15-acre feet. Commissioner Vaad referred to a rainfall lot, marked Exhibit RR, and Mr. Haren stated there are regulations which he uses to design a dairy facility, and he did use the information from the State Climatologist. He explained the 25-Year, 24-Hour storm standard is a minimum and his engineering company designed this site beyond that capacity. In response to Commissioner Baxter, Mr. Haren stated the lagoons are designed to service the site and they will berm, ditch or use whatever means necessary to divert water and prevent contamination by manure. He stated the lowest point on the site is located north of the secondary lagoon, the northern portion drains to the southwest, and the southern portion drains west along the berm and into the tailwater pond. Mr. Haren stated they will construct a berm along the midwestern portion, and added the applicant is not required to contain cropland drainage. Responding to Chair Kirkmeyer, Mr. Haren stated the letter from Joan Bowen, marked Exhibit SS, indicates the various diseases which can be transmitted; however,the applicant's vet has indicated the existing dairy has no occurrences of Johnes Disease,and there is no evidence that the Disease is transmitted through the air. Mr. Haren reiterated they will install French drains to address seepage from the Cactus Hill Ditch, they will line the ditch if the drains are not sufficient, the berm along Weld County Road 15 will be far enough back to prevent snow drifting, they will work with the Soil Conservation District and NRCS for input on the location of trees in the spring, and the lights at the site will be directed downward to light the walking areas. Mr. Haren stated there is no evidence of any deeds or easements for the ditches used by Mr. Eichheim and Mr. Kimberling; however, the applicant has installed a new culvert at the request of Mr. Eichheim. He further stated they will comply with the CAFO Regulations, and the Final Plans will be submitted to the Weld County and State Health Departments for review. In response to Commissioner Baxter, Mr. Haren stated the applicant has to pay $400,000 for infrastructure upgrades in addition to $1.48 per 1,000 gallons. The Water District did not indicate he would need to purchase shares of water. Responding to Chair Kirkmeyer, Mr. Haren stated Mr. Dye has not purchased any shares of water; however, he currently owns one-acre foot of water as required by the North Weld County Water District. In response to Chair Kirkmeyer, Mr. Haren stated he and the applicant have reviewed the Conditions of Approval and Development Standards, and request that the time requirement to record the plat be changed from 30 days to 180 days. Responding to Commissioner Geile, Mr. Jiricek stated staff has not thoroughly reviewed the various abatement plans; however, that must be accomplished before the applicant can record the plat, and his preliminary review suggests they have an adequate area to support the nutrient load. In response to Commissioner Geile, Don Carroll, Department of Public Works, stated in 1992 an Improvement District was established between the surrounding property owners and Anheuser Busch for paving Weld County Road 15 from State Highway 14 north to the entrance of the Anheuser Busch facility,and also west from the intersection of Weld County Roads 15 and 84 for one mile. He explained the cost of improvements were assessed to each party involved to be paid in a lump sum of$3,500 or distributed over a ten- 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 16 year period. He further stated traffic counts done at the time of the improvements indicated 122 vehicles on Weld County Road 15 in a 24-hour period, and 108 on Weld County Road 84 traveling east from Weld County Road 15, and Weld County currently maintains the roads. Mr. Morrison explained if a new development or use comes into the area and impacts the road, the previous Improvement District participants are not required to upgrade the road further to compensate for the impact. In response to Chair Kirkmeyer, Mr. Morrison explained the County assumes any cost above what is indicated in the agreement, as well as the legal and clerical costs. In response to Commissioner Geile, Ms. Chester stated a Development Standard could be added to require the facility to obtain water from the North Weld County Water District; however, staff feels they have already met the water requirement by providing sufficient evidence of availability. (Clerk's Note: Portion of testimony missing due to faulty tape.)Ms. Chester requested a Condition of Approval be added to ensure the plat is consistent with Section 24.7.4. In response to Commissioner Hall, she explained the purpose of Section 24.7.4. For clarification regarding previous testimony, Ms. Chester stated there is a Sketch Plan application for 153 lots in the area; however, that applicant indicated they were going to withdraw based on a letter from the Boxelder Sewer District. She stated if the application is not withdrawn, staff will recommend denial. She stated the only subdivision that has gone through the Final Plan phase is Remington Place,which is owned by Les Gelvin and was approved in 1999 and had covenants including the Right to Farm Covenant. Mr.Jiricek requested Condition of Approval#2.A.8 be added to state,"Demonstrate that surface water that may originate as seepage from the Cactus Hill Ditch, has been appropriately diverted away from the manure storage area\composting area and cattle pens. Appropriate additional measures (i.e., French drain or interceptive trench) may be required to eliminate flow onto areas where there is manure."(Clerk's Note: Portion of discussion missing due to faulty tape.) Mr. Carroll requested the emergency access be an all-weather surface, be at least 20 feet in width with a breakaway gate, and designated for emergency use only, not an employee access. In response to Chair Kirkmeyer, Ms. Chester stated those terms could be added as a Development Standard; however, there is already a Condition of Approval that requires the applicant meet the concerns of the Fire District. Commissioner Baxter stated there should be a secondary access. In response to Commissioner Hall, Ms. Chester agreed Condition of Approval #2.K could be amended to state, "The plat shall be in compliance with Section 24.7.4 and be amended to delineate the following." She explained this language will ensure the final plat is complete. For clarification, Mr. Morrison stated the Special District was created in 1993. It reflects that Anheuser Busch was not in the district but did make a cash contribution, and the cost did not exceed the estimated cost. In response to Chair Kirkmeyer, Mr. Haren stated he and the applicant agree with the additions and changes as discussed. Chair Kirkmeyer clarified the discussed changes include amending Condition of Approval #1 from 30 to 180 days, adding Condition of Approval #2.A.8 to state, "Demonstrate that surface water that may originate as seepage from the Cactus Hill Ditch, has been appropriately diverted away from the manure storage area\composting area and cattle pens. Appropriate additional measures (i.e., French drain or interceptive trench) may be required to eliminate flow onto areas where there is manure,"amend Condition#2.K to state, "The plat shall be in compliance with Section 24.7.4 and be amended to delineate the following," and add a new Development Standard #23 to state, "In the event an emergency access is required, there shall be an all-weather surface, with a breakaway gate, for emergency use only." Chair Kirkmeyer stated concerns indicated in Exhibit LLL have been addressed. 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 17 Commissioner Hall moved to approve the request of Terry Dye/Dyeland Dairy, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1289 for an Agricultural Service Establishment and a Livestock Confinement Operation (4,000-head dairy) and four additional Accessory to Farm Dwelling Units 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, and amend Condition of Approval #1 from 30 to 180 days, add Condition of Approval #2.A.8 to state, "Demonstrate that surface water that may originate as seepage from the Cactus Hill Ditch, has been appropriately diverted away from the manure storage area\composting area and cattle pens. Appropriate additional measures (i.e., French drain or interceptive trench) may be required to eliminate flow onto areas where there is manure,"amend Condition#2.K to state,"The plat shall be in compliance with Section 24.7.4 and be amended to delineate the following," add a new Development Standard #23 to state, "In the event an emergency access is required, there shall be an all- weather surface, with a breakaway gate, for emergency use only," and renumber as appropriate. The motion was seconded by Commissioner Geile. Commissioner Hall commented this is an agricultural county, and although he has concerns with the potential conflicts between the existing residences and a dairy; this is an agricultural area. He stated this and future Boards need to proceed with caution when considering residential uses in an Agricultural Zone District and he feels the proposed use is compatible with the area. Commissioner Geile thanked the public for attending and providing a complete testimony. He stated the applicant does have the right to have approximately 1,100 animals, and although there was some indication of prior conflicts the existing site is clean and well operated. Commissioner Geile stated the residents immediately surrounding the existing dairy have no complaints, the current economics require a larger operation in order to compete,the lagoons and construction will be in compliance with the Conditions of Approval,Development Standards and CAFO Regulations, the restrictions will be greater than those imposed on a Use by Right, the proposal is consistent with Section 24.4.2 of the Zoning Ordinance, and it meets the intent of A.Policy 1, A.Goal 3, and A.Policy 3 of the Comprehensive Plan. Commissioner Vaad stated he will vote against the motion. He stated the citizens do not wish to see the agricultural area changed. He stated new residents to the area have been made aware of the Right to Farm Covenant, and he commended the applicant for being gracious while some of the surrounding property owners made accusations against his character. Commissioner Vaad stated his main concern is with the facility's ability to contain a 25-Year, 24-Hour storm. He stated it is uncertain whether the design is adequate, and he does not find the application to be in compliance with Sections 24.4.2.3 and 24.4.2.7 of the Zoning Ordinance because it does not ensure the safety or health of citizens of Weld County. He stated in the event of a catastrophic event, manure and feed products could enter the Black Hollow Reservoir and the contamination would be difficult to clean up. Commissioner Baxter stated he was previously biased in favor of an agricultural operation in an agricultural area; however, based on testimony, he has concerns with the effects of a catastrophic event on the surrounding properties. He stated that although the application generally meets the Comprehensive Plan and is compatible with the agricultural uses in the area, there are small 2000-2773 PL1454 HEARING CERTIFICATION - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 18 residences in close proximity. Commissioner Baxter stated the location seems good, and the applicant has done a good job in trying to mitigate the issues; however, the Board previously allowed development in this area and now this type of expansion is too much of an impact and is no longer compatible, therefore he will vote against the motion. Chair Kirkmeyer stated she is in favor of the motion. She agreed with Commissioners Hall and Geile that this application meets the necessary criteria,the applicant has shown the ponds can hold a 25-year, 24-Hour storm event, and requiring a citizen to construct holding ponds for any unforeseeable event is unrealistic and unreasonable. She stated the application is consistent with the A (Agricultural) Zone District and Comprehensive Plan. Commissioner Vaad clarified his concern with containing a 25-Year, 24-Hour storm is based on the location in this situation. Commissioner Vaad commented further that if the lagoons were breached the water would flow through the drainage area and cause considerable damage. Upon a call for the vote, the motion carried with Commissioners Baxter and Vaad opposed. This Certification was approved on the 13th day of December 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO DO ., 4'14arbara J. kmeyer, Chair gt county C to the Board .__�� M. J. ile, Pro-Tem 7. BY , totheBoard ; V ti eor I" e . Baxter � g DOCKET#2000-72 Dale K.?t, 444- TAPE #2000-34, #2000-35, #2000-36 / / #2000-37, and #2000-38 �i`�7(eW Aefi } Glenn Vaad 2000-2773 PL1454 EXHIBIT INVENTORY CONTROL SHEET Case USR#1289 -TERRY DYE/DYELANDS DAIRY, LLC 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 10/17/2000) D. Clerk to the Board Notice of Hearing E. Bill Cheng Letter of Opposition (10/12/2000) F. Brent Coan Letter on behalf of Mary Weiss (10/27/2000) G. Planning Staff Letter responding to Brent Coan regarding records research (10/24/2000) H. Planning Staff Citizen Inquiry Form regarding call from Brent Coan (10/20/2000) I. Planning Staff E-Mail re: Legal Description (11/03/2000) J. County Attorney Letter responding to various correspondence (11/07/2000) K. Cleon and Betty Kimberling Letter of Opposition (10/26/2000) Letter of Information (09/30/2000) Three Aerial Photographs Three pages of Photos of surrounding area L. Jeanne Gelvin Letter of Opposition (11/13/2000) M. Ft. Collins Soil Conservation District Letter of Concern (11/21/2000) N. David and Christine Haak Letter of Opposition (11/19/2000) O. David and Christine Haak Letter of Opposition (11/19/2000) P. North Poudre Irrigation Company Letter re: irrigation easement 11/30/2000) Q. Jim and Pam Erthal Letter (E-Mail) of Opposition (11/28/2000) R. Mary Weiss Letter of Opposition (11/26/2000) INVENTORY LIST - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 2 S. William and Jane Lentz Letter of Opposition (11/23/2000) T. Applicant Letter to Sonya Stonestreet (11/29/2000) U. Applicant News Article (11/30/2000) V. Lynn and Linda Russell Letter of Concern and article attached (11/27/2000) W. Kirk Kimberlinq Letter of Opposition (11/29/2000) X. Carolyn Clary Letter of Opposition (11/27/2000) Y. Les Gelvin Letter of Opposition (11/29/2000) Z. Jeanette Sewald Letter of Opposition (11/27/2000) AA. F. J. Sewald Letter of Opposition (11/27/2000) BB. Keith and Wendy Mullins Two Letters of Opposition (11/28/2000 and 10/02/2000) CC. Les Gelvin Letter re: Conditions (11/30/2000) DD. Bill Chenq Letter of Opposition (11/30/2000) EE. Tracy and Jean Eichheim Letter of Concern (12/03/2000) FF. Evelyn Clarke Letter of Opposition (12/01/2000) GG. Sue Avre Letter of Opposition (12/05/2000) HH. Howard Ramsdell Letter (E-Mail) of Opposition (12/05/2000) II. Stacey Temples and Howard Ramsdell Letter (E-Mail) of Opposition (12/05/2000) JJ. Planning Staff - Colorado Department of Public Health and Environment Follow Up Letter (11/29/2000) - Letter from Ag Pro to Water Quality Control Division (12/03/2000) - Soil Test Results KK. Planning Staff Photo of sign posted on site INVENTORY LIST - TERRY DYE/DYELANDS DAIRY, LLC (USR #1289) PAGE 2 LL. James Martell - Letter re: Sonja Stonestreet (12/01/2000) - Two Letters and maps from Applicant to Stonestreet MM. Tracy Eichheim Transparency of Transcript NN. Tracy Eichheim Transparency of Comprehensive Nutrient Management Plan OO. Tracy Eichheim Transparency of existing dairy to the west PP. Tracy Eichheim Neighborhood map QQ. Tracy Eichheim Transparency of Transcript re: Redesign RR. Tracy Eichheim Rainfall Record SS. Jean Eichheim Letter from Joan Bowen, DVM (09/22/2000) TT. Bill Weida Regional Economic and Environmental Effects of Large Concentrated Dairy Operations in Weld County (12/06/2000) UU. Carolyn Clary Tribune Editorial (12/12/2000) VV. Carolyn Clary Observations From the Community WW. Kimberling Five Aerial Photographs XX. Keith Mullins Overhead of Site Plan YY. Brent Coan Letter re: Proposal to Purchase Aranci Property (08/24/2000) ZZ. Brent Coan JOA Feed Lot AAA. Brent Coan Summary of Concerns (12/12/2000) BBB. Brent Coan Aerial Photograph CCC. Brent Coan Aerial Photograph DDD. Brent Coan Aerial Photograph EEE. Brent Coan Neighborhood Demographics FFF. Brent Coan Letter from Larimer County (12/07/2000) INVENTORY LIST - TERRY DYE/DYELANDS DAIRY, LLC (USR#1289) PAGE 2 GGG. Brent Coan Inspection Permit#0001030 (10/24/2000) HHH. Brent Coan Followup Letter to On-site Visit from Colorado Department of Public Health and Environment (11/29/2000) III. Brent Coan Oversized 1993 Aerial Map and Certification JJJ. Brent Coan Oversized 1999 Aerial Map KKK. Brent Coan Vicinity Map and Surrounding Residences LLL. Keith Mullins Oversized Vicinity Map with overlay MMM. NNN. OOO. PPP. QQQ. RRR. SSS. TTT. UUU. WV. WWW. XXX. YYY. ZZZ. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000: DOCKET#2000-67 - Ivan and Joanne Gilbaugh DOCKET#2000-73 - Cecil Farms, do Vern Cecil DOCKET#2000-71 - Michael Goss DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC 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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(.0‘,(.0‘, LoMGMDNT Sb✓o4 - 7- 2i c--;\ '(dal -vro-) DC_ t} i1 Hadiiur%' b (_L-7y1 wb� C C'-10(I U)C; .. 7 I ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000: DOCKET#2000-67 - Ivan and Joanne Gilbaugh DOCKET#2000-73 - Cecil Farms, do Vern Cecil DOCKET#2000-71 - Michael Goss DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC 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 1 VL)!: R l5 -E i. (e III :IN >s C_. _2ti Cu'' - 7) th.,_I N tFCc11I V1, oO� Z (- 4a a 1 ''' ' I vv .i x l 11C / i, i i C I t2K w u Cj(2 LI • tC.-;)t j eta \-rot t�n k 'C-rbrt_ Co I�W� JCCx; 2. r / ! C, AQ —t ct L'7( 4/ `(7y.�w�.�'�i.,� `-VL .A6Ax ll. ‘ 7 �(=--�� l Cv ( I iL.17CCG" 7 (/`i'.z-;ty I r�.K:.,_ � _ - �✓z_ C=i • d7-` 1 /If„:"± ett.' '-f /7L. 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NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING -157_:(1�J. ; n.�„ Sr (-LC- L-!J tl, !-r c , L i Ii 'ccG'i - l 2 l'.i v . ft/l /-1,( f'e�r �l^/j-/li 1-277/ (")t)("C) Al 4 )c'CY. . I ie ,�tilf'C �,' . /C;,,/ ; :I✓ /,,C i ' %'i '�7/ C" 77 /2�'.) T 1 "2-(/ e", i -7,' /4)/*V �J x ? , ; / L7 n k 'V)/ C7//` t;S l C c1 >-10K' , rc-J.? i v , '� ,9 (I,ty. C Us' , Co S:-'6).-/- o i ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF DECEMBER, 2000: DOCKET#2000-69 - JOHN MOSER DOCKET#2000-58 - KENT CARLSON DOCKET#2000-68 -ALBERT CHALLENGER DOCKET#2000-72 - TERRY DYE/DYELANDS 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. NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING //1"14 M mil?/ 11-I C,) (it) _ /tee jr'l�l�rl 1;, '"N 1/. /L ; i_; {T/ '< �thrO ✓ I iu's�r4 I4;' > /? /te 2f� bjet itf • Ir5 `167y5 tiffs r (5" 1, 67(1 , sicr;<- ( r , ,,. ( 7 / . Jc i C 7 ; ; 7 / ' )- ; , 4 [., 'Y y1 �� ,✓,5 �� 4'; / i)n r1 lg �/jy:.,�i.Y'Lci. "/,''4 7_•J'J' Z 6<'s,>'%Z_ � c /�� .r -_ _ �f' /k t y h '�i 7 1 5 .�-f v-,�C : _ ��j cis. a_ t-1 z.e. , _ 7 Pc, ✓n r-l- 'e i \ y 4 `% G 7 -Fl I ti -F-! (a /It n, -- 7> 1 4/0,/,..--4.,() G(_"/ I/..',4"C� i�j 'v,' t'r ' T/ /.'/ S '� =( _C!' , ? e tr )L _ST` 80b7V/ 7EOO- 7a /ZK71Ye1, .; i G.1 A 17‘,2z zr cc< 7 ,_ .. t,:', S I 14ncE / it) LQc✓/s V Y 65/C GL'P/ia64 /i/b'� ?c r° 7z � y ,z.r�C��i4 e ✓i 5 S /G r_ (_La(n ti r' �/, ,_'./�, „ �;r�zy �k y Thomas Haren Environmental Consultant Environmental Services, LLC 1111 Mobile(303)746-0984 Office(970)535-9318 431 I Highway 66,Suite 4 Fax(970)535-9854 Longmont,CO 80504 tharen©agpros.com DYECREST DAIRY, L. L. C. Registered Ho/steins Terence Dye 1137 North County Line Road Fort Collins,CO 80524 970/484-9294 FAX 970/484-9254 Email: dye(a)frii.com Hello