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Home My WebLink About981932.tiff HEARING CERTIFICATION DOCKET NO. 98-54 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DAIRY AND AGRICULTURAL SERVICE ESTABLISHMENT FOR A LIVESTOCK CONFINEMENT OPERATION FOR 5,000 HEAD OF CATTLE IN THE A(AGRICULTURAL)ZONE DISTRICT - BELLA HOLSTEINS, % GARY HENRICKSON A public hearing was conducted on October 7, 1998, at 10:00 a.m., with the following present: Commissioner Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tern Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Julie Chester Public Works representative, Don Carroll Health Department representative, Trevor Jiricek The following business was transacted: I hereby certify that pursuant to a notice dated August 19, 1998, and duly published September 16, 1998, in the Platteville Herald, a public hearing was conducted on September 30, 1998, to consider the request of Bella Holsteins, % Gary Henrickson for a Site Specific Development Plan and Special Review Permit #1195 for a Dairy and Agricultural Service Establishment for a Livestock Confinement Operation for 5,000 head of cattle in the A (Agricultural) Zone District, at which time said matter was continued to October 7, 1998. At said hearing on October 7, 1998, Chair Harbert made this a matter of record. Commissioner Hall reported all five Commissioners, along with the County Attorney, arrived at the dairy on October 5, 1998, at approximately 10:20. Mr. Henrickson distributed a map of the dairy and proceeded to give a tour of the facility. Commissioner Hall stated a member of the Platteville Public Works Department was also present. The tour consisted of viewing the existing pens and barns, as well as those being proposed. The Board was taken to a point where they could view the surrounding neighborhood in relation to the dairy, and then viewed the new site for the workers housing on Weld County Road 32. At the request of Commissioner Baxter, the Board drove into Platteville and viewed the three well sites discussed in the previous hearing. Chair Harbert requested the Board state any questions or observations for the record. Commissioner Baxter stated after observing the lagoons he would like an explanation of how they work, verification of where the alleged discharge took place, where the recharge area is for the Platteville emergency wells, and he asked that the right-of-way between Sections 19 and 20 be addressed. Commissioner Kirkmeyer stated the Board did observe the location and proximity of Linda Poyner's property in relation to the dairy. She stated the facility is very clean, and the pens are dry. Commissioner Kirkmeyer stated Platteville staff indicated the Town wells are alluvial wells which are approximately 400 feet deep and are located near the Platte River. 981932 Cc Pt PL1268 HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195) PAGE 2 Mr. Barker read a fax from Andrew Schmidt, Platteville Director of Public Works, marked Exhibit T, for the record stating the Town wells were drilled in 1959 and 1966 and are 60 feet deep. Mr. Barker also submitted an article from Charles Kuechenmeister, marked Exhibit S. Following discussion, the Board accepted Exhibits S and T for the record. In response to Commissioner Webster, Mr. Barker stated the intended use of the wells is not indicated by Mr. Schmidt. Commissioner Webster commented the site appeared to be very clean and well-kept and stated Mr. Henrickson indicated he plans to remove the lagoons and a portion of the pens located in the northeast corner of the site and return the land to pasture and berms to help prevent any drainage onto Ms. Poyner's property. Responding to Commissioner Baxter, Trevor Jiricek, Department of Health representative, stated the soil type where the new pens will be located are ideal for the proposed use. In response to Commissioner Baxter, Mr. Schmidt stated he was given incorrect information regarding the depth of the wells, but after researching the Town's records, he discovered they are 60 feet deep and appear to be recharged by the Platte River. Responding to Commissioner Kirkmeyer, Mr. Schmidt stated he is not aware of the nitrate level in the wells, and explained these wells are not used for potable water; however, the water can be chlorinated and used for watering parks and fire emergencies. He further stated he is not sure of Central Weld's policy regarding mixing well water with its water; however, once the water reaches the master meter, it becomes the responsibility of the Town and is not allowed back into Central Weld's water system. In response to Commissioners Webster and Kirkmeyer, Mr. Schmidt stated all three wells are operational and he is not sure of the nitrate level of the Platte River. Mr. Jiricek stated according to a USGS Soils Map, the Town of Platteville is located on alluvial river gravel; however, Mr. Henrickson's dairy is located on the Laramie Fox soils formation which is 600 feet of bedrock. He explained there is no alluvial soil under the dairy and run-off from the dairy would only reach the Town's wells through a surface release. Responding to Commissioners Kirkmeyer and Baxter, Mr. Jiricek stated it is unlikely a surface release will reach the Town before it is absorbed and the alleged discharge took place at the eastern pond along the access road and eventually crossed Weld County Road 32. Responding to Commissioner Baxter, Mr. Henrickson stated the lagoon on the extreme west side of the property is used solely for stormwater retention and is designed to hold three to four times more than the recommended amount including run-off from the expansion. He further stated the ponds are connected by a pipeline which allows him to pump water from one pond to another if necessary. In response to Commissioner Kirkmeyer, Mr. Jiricek clarified he reviewed the plans and the lagoons are designed to hold two to three times the amount required. He added that he spoke with the applicant and his representative and is recommending they separate the southern field drainage from the facility drainage. Mr. Henrickson stated he is prepared to build a berm along the boundary between the field and the pens to prevent field run-off from getting into the facility. In response to Commissioner Baxter, Mr. Henrickson stated the soils on his property vary from blow- sand, clay, shale, and bedrock. Responding to Commissioner Kirkmeyer, Mr. Henrickson stated he does not intend to move the lagoon that straddles the easement between Sections 19 and 20. Linda Poyner, surrounding property owner, asked if there is a time line for moving the eastern lagoon and pens. Mr. Henrickson stated he has a three-year implementation period; however, he would like to begin after this winter or spring planting. Commissioner Kirkmeyer stated the application is for an expansion and the applicant is on his own time line for completing his proposal. Responding to Commissioner Kirkmeyer, Mr. Henrickson stated he is willing to consider moving the 981932 PL1268 HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195) PAGE 3 easement off the section line to the western boundary of his property if it is needed for a collector street for the State Highway access plan. In response to Commissioner Kirkmeyer, Mr. Jiricek stated he researched studies completed by the Center for Controlled Diseases and found no evidence of humans contacting the E. Coli bacteria through dirt. All instances were from human to human contact or ingesting contaminated food or water. Ms. Chester stated this bacteria is very rare and when doing research in college they never found it in raw meat or dirt. In response to Commissioner Baxter, Mr. Henrickson stated an increase to 5,000 cows seems overwhelming; however, he explained 2,000 to 2,500 milking cows is a very efficient number to manage. He stated the operational costs are spread over a larger number of animals and the remaining 2,000 will be calves, steers, and heifers which are raised on site to produce healthy, better producing animals. He stated he is willing to discuss a different number; however, he would prefer to remain at his proposed amount. Commissioner Hall moved to approve the request of Bella Holsteins, % Gary Henrickson for a Site Specific Development Plan and Special Review Permit#1195 for a Dairy and Agricultural Service Establishment for a Livestock Confinement Operation for 5,000 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. The motion was seconded by Commissioner Kirkmeyer, with the deletion of Development Standard #20 as discussed. Commissioner Baxter stated he will vote in favor of the motion and stated he is aware of Platteville's concerns; however,the applicant has adequately explained the reasons for increasing his production. Mr. Jiricek requested the Board add a sentence to Condition of Approval #2.A to state, "The facility shall obtain approval of the Manure and Process Wastewater Management Plan from the Weld County Health Department by December 11, 1998." Following discussion the Board determined this addition is not necessary. Commissioner Kirkmeyer commented concerns regarding contamination of the Town's emergency water supply have been addressed and added the Town has indicated they will consider the testimony given by their consultants only when developing low residential housing near the dairy. She stated the Intergovernmental Agreement (IGA)was used to show approval of this proposal will create a conflict by the County; however, the IGA does not give veto or jurisdictional power to the County or Platteville. It states the County will promote urban growth within the Urban Growth Boundary and agricultural growth outside of the boundary as in this situation. In response to testimony given regarding the possible E. Coli contamination, Commissioner Kirkmeyer read an excerpt from an article published by the Central Weld Water District stating it conducts tests for E. Coli and have found no evidence of its existence in this area. Commissioner Webster commented the facility will be an asset to the agricultural community by purchasing additional food supplies for the animals and Mr. Henrickson has proven to be a good neighbor. Chair Harbert stated she agrees with the comments of the other Commissioners. The motion carried unanimously. 981932 PL1268 HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195) PAGE 4 This Certification was approved on the 12th day of October, 1998. APPROVED: ATTEST: > ^war. BOARD OF COUNTY COMMISSIONERS •?° c �� 75-.-rWELD COUNTY, COLORADO Weld County Clerk to •ar: Constace L. arb rt, C air BY: Deputy Clerk 4 (4 1 di'44 rk to the Bo- _� �� W. H. We ster, Pro-Tern TAPE #98-27 cEl orge E axter DOCKET#98-54 . all Barbara J. Kirkmeyer 981932 PL1268 EXHIBIT INVENTORY CONTROL SHEET Case USR#1195 BELLA HOLSTEINS C/0 GARY HENRICKSON Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes) D. Clerk to the Board Notice of Hearing E. Todd Harris Letter dated August 31, 1998 F. Gary Henrickson Letter dated September 1, 1998 G. Planning Staff Letter of 9/28 (Jiricek) 9/22 (Envirostock) H. Applicant Extension Memo and letters of support (12 pgs) Platteville Mayor Petition in opposition J. Platteville Attorney Kuechenmeister Survey K. Platteville Attorney Kuechenmeister Disconnect Findings and Decree L. Platteville Attorney Kuechenmeister Aerial Photos (2) M. Donna Parker Letter of opposition N. Platteville Attorney Kuechenmeister Dept. of Health - letter dated 8/25/98 O. Richard DeGrandchamp Resume and overhead slides P. Dennis Smith Resume and overhead slides Q. Gary Henrickson Slides (12) R. Tom Haren Overhead copies S. Charles Kuechenmeister Article re: Nuisance Litigation T. Town of Platteville Fax: Depth of Wells U. V. W. m:\shells\foexhibi Hello