HomeMy WebLinkAbout971724.tiffHEARING CERTIFICATION
DOCKET NO. 97-40
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1151 FOR A
LIVESTOCK CONFINEMENT OPERATION CONSISTING OF A 6000 -HEAD DAIRY (2500
MILKING -COW HERD) WITH THREE OFFICE BUILDINGS AND 29 ACCESSORY -TO -
THE -FARM DWELLINGS IN THE A (AGRICULTURAL) ZONE DISTRICT - GREGERSON
A public hearing was conducted on July 30, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kern Keithley
Health Department representative, Trevor Jiricek
Public Works Department representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 30, 1997, and duly published July 17, 1997,
in the South Weld Sun, a public hearing was conducted to consider the request of Francis
Gregerson for Site Specific Development Plan and Special Review permit #1151 for a livestock
confinement operation consisting of a 6000 -head dairy (2500 milking -cow herd) with three office
buildings and 29 accessory -to -the -farm dwellings in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record.
Kerni Keithley, Department of Planning Services representative, presented a brief summary of the
proposal and entered the conditional recommendation of the Planning Commission into the record
as written. Ms. Keithley explained this case originated when Mr. Gregerson applied for three
additional employee housing units, to be the 17th, 18th, and 19th accessory dwellings. At that time
it was determined there were 3,600 animal units on site, when only 1,120 units are allowed by right.
Because the dairy has increased in number of animal units since the adoption of the Weld County
Zoning Ordinance, it is in violation. Ms. Keithley stated the dairy is located east of and adjacent to
the Mixed Use Development Area and within the Town of Firestone's urban growth boundary area;
however, the Tri-Town Planning Commission offered no unfavorable comments concerning this
application. Responding to questions from the Board, Ms. Keithley explained the Town of Firestone
was not present at the Tri-Town meeting and later sent a letter with concerns listed, Exhibit C. Mr.
Morrison, questioned whether the dairy was legal at the time of the adoption of the Weld County
Zoning Ordinance. Ms. Keithley answered it appeared to be, since in 1970 it did not exceed the
allowed number of animal units, having 790 of the allowed 1,120. Ms. Keithley stated it apparently
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exceeded its animal units allowed by right in 1981. Mr. Morrison indicated in 1980, dairies did need
a permit. Commissioner Kirkmeyer verified currently a dairy does not need a Special Review Permit
unless it exceeds the number of animal units allowed (four per acre.) Ms. Keithley further stated
staff incorrectly validated 2,063 units in 1990 by not requiring a Special Use Permit at that time.
Mike Morgan, attorney for the applicant, clarified this is an existing dairy, having been at this
location for 32 years, with approximately 3,500 head, 15 permitted structures, three offices and one
principal dwelling. He stated all 280 acres have been used for dairy purposes since 1974, Mr.
Morgan explained the application is a request for additional accessory dwellings to house the
existing level of employees, and to provide more economical operation of the dairy. He noted the
first time a Special Review Permit was required for dairies was in 1981, and stated this was a Use
Allowed by Right in the Agricultural Zone prior to 1981. Mr. Morgan further stated in 1981 this dairy
was using 280 acres for dairy purposes, with 1,600 animal units, and 12 accessory buildings. He
noted the owners have made no conscious effort to expand the dairy; however, the nature of a
dairy is to expand approximately 5% per year. He also explained the County, in 1993, granted
permit #655 for all the present buildings, which include 15 houses, 2 barns, and 3 offices, as well
as up to 3,500 animal units and 30 to 35 employees. Mr. Morgan stated the request in February
1997, was for an additional three housing units to house existing employees. Because the
Department of Planning Services staff asked Mr. Gregerson to include future growth plans
regarding housing in his request, he expanded his request to 12 additional homes. Three homes
are presently on -site. Mr. Morgan noted the 12 additional homes would accommodate only the
current staff, not future staff. Mr. Morgan stated the Planning Commission unanimously
recommended approval, although staff recommended denial, and noted the application was filed
prior to the Tri-Town IGA Agreement; therefore, this request is not subject to said agreement..
Responding to questions from Commissioner Hall, Mr. Morgan indicated the dairy has not
expanded, except through natural growth because of the nature of the operation, which he regards
to be intensification instead of expansion. Commissioner Hall indicated he has concerns about the
number of housing units located in a small area, since any other similar request would be required
to deal with subdivision requirements, such as an internal road system, sewage disposal, impacts
on public roads, etc. Mr. Morgan responded the houses are not located in one place and all septic
systems are permitted. Francis Gregerson, applicant, responded to Commissioner Harbert's
question that each house has a separate septic system, each designed by an engineer. Further
responding to Commissioner Harbert, he stated he owns his own road grader and tractor with
which he maintains the roads on his dairy; he has sprayed with EnviroTech and water trucks to
reduce dust; he requires his employees to drive at low speeds, and he has a maintenance man on
the premises to help maintain the homes. He stated the school bus comes into the yard to turn
around and safely load the children, instead of stopping on the public road. Responding to further
questions, Mr. Gregerson explained he presently has the three houses he is trying to get permitted
sitting on his property on blocks, five houses in River Valley Housing he may either sell or move
to the dairy at some future date, and a number of apartments rented in Firestone -- all of which are
used for housing his current employees. Commissioner Kirkmeyer stated her concerns in regard
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to 29 homes being permitted without going through the subdivision process, and she will consider
this application while looking at the same type of requirements used to process subdivisions.
Responding to Commissioner Kirkmeyer, Mr. Gregerson stated the Last Chance Ditch is one-half
mile from his property and, with the use of lagoons and manure pits to hold waste water, he has
not had problems with runoff. Commissioner Kirkmeyer and Chair Baxter verified the entire
operation has a total of 6,000 animal units, since the applicant is growing his own stock, culling
young calves, and keeping producing females. Mr. Gregerson reiterated he keeps a closed herd
and he is not buying for growth, only to increase the production of the herd. Responding to
Commissioner Kirkmeyer, Ms. Keithley discussed Condition of Approval #2.H and #2.1 stating the
applicant shall submit evidence that concerns of the St. Vrain Valley School, Patina Oil and Gas
Corporation, and Bataa Oil, Inc., have been addressed.
Chair Baxter indicated the Board has other appointments throughout the lunch hour, and a recess
will need to be taken at noon; however, public testimony may begin in the meantime. Louis
Rademacher, surrounding property owner, stated that he and his sons farm 20 farms in the area.
He stated he raises a lot of feed for the Gregerson Dairy, as well as plows Mr. Gregerson's ground
and plants his corn. He is in favor of the Permit and reminded the Board the Planning Commission
gave unanimous support to this proposal. Responding to Chair Baxter, Mr. Rademacher stated
he has lived within five miles of this property for the past 67 years and added that he does not
believe road accesses which have existed for a long time should be closed.
Conrad Hopp, surrounding property owner who lives approximately one-half mile from the dairy,
enumerated the many benefits derived from having an enterprise of this size in the area, especially
since it provides a market for ag-related products, such as hay and corn. He indicated many
farmers in the area depend on this market. Responding to Commissioner Harbert, Mr. Hopp
indicated he has not been with the fire department since May; however, he feels the protection is
adequate since the dairy is only one-half mile from the fire house. Mr. Rademacher indicated he
is Vice President of the Board of Directors for Mountain View Fire District and he sees no problems.
Responding to Chair Baxter, Mr. Rademacher said the size of the dairy does not bother him, and
he explained the difference between a dairy and a feedlot, with the dairy requiring room for
expansion because of a firmly developed calf -raising program.
A recess was taken at 12:00 p.m.
Upon reconvening, Commissioner Hall asked staff to explain the changes made to the proposed
Conditions of Approval and Development Standards. Ms. Keithley stated only two changes were
made from the printed material: one, that Condition of Approval #5 now reads: "Prior to the release
of building permits, all accessory residences shall obtain the appropriate certificate of compliance,
in order for the Department of Planning Services to evaluate the need for the additional residences
and to ensure that future residences meet the intent of the Weld County Zoning Ordinance." She
explained this condition will require the certificate instead of depending on the proportionate
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increase between houses and animal units. The second change is to Condition of Approval #2.1,
in that Bataa Oil, Inc., was added.
(Changed to Tape #97-20)
Trevor Jiricek, Health Department, responded to Chair Baxter that each house currently at the dairy
has a permitted septic system and indicated Development Standard #17 deals with future
expansion or addition of future septic systems. Commissioner Harbert stated a Development
Standard should be added to require each residence to be on public water, rather than wells.
Commissioner Hall requested clarification of Development Standard #17. Mr. Jiricek stated the
three houses currently sitting on site have already received septic permits; therefore, they are not
required to meet this Standard. However, any additional home is subject to the Site Application
process because the two clusters of mobile homes have a total flow of 2,000 gallons flow of effluent
per day. He further explained County and State septic regulations require Site Application approval
for that large of flow.
Mr. Morgan indicated the applicant is willing to accept all Conditions of Approval except the
following: #1, which requires the plat to be recorded within 15 days of approval by the Board; #2,
which follows CAFO Regulations which in return require a certified professional engineer, although
State regulations allow other professional individuals as authorized by State Regulations; and #3
and #4 regarding access, although #4 allowing no new access is acceptable, Condition #3 requiring
closure of current accesses is unacceptable. Mr. Gregerson reiterated to the Board that there are
large vehicles coming into the yard, scales requiring semi -truck traffic, and two buses loading in
the yards. His goal has always been to keep those large vehicles off the open road, thereby
following safe practices. Commissioner Kirkmeyer reiterated six accesses in one -quarter mile is
too many and although she can understand a circle drive of some type, too many accesses are
unacceptable. Commissioner Harbert suggested Mr. Gregerson work with Public Works to come
to some solution. Don Carroll, Department of Public Works, questioned the use of the eastern-
most access, which Mr. Gregerson explained is an ag-related and oil field access. Detailed
discussion ensued regarding possible alternatives. Commissioner Hall stated the applicant needs
to hear what the Board is saying; that he needs to have some input with Public Works into which
access will be closed, possible road improvement agreements, and an internal road plan. Drew
Scheltinga, County Engineer, stated the department does use the State Highway Access Code
criteria, and he indicated the count on Weld County Road 24 would be close to the point which
requires additional lanes. He noted it would be difficult to build such lanes in front of or adjacent
to the facilities which are near the road. Commissioner Hall indicated he does not want to demand
numerous road requirements, but he needs to see a solution to all the issues regarding access.
Commissioner Harbert clarified for Mr. Morgan that the applicant and Public Works staff come up
with an acceptable traffic pattern and work to reduce the number of accesses. Mr. Carroll
suggested a Condition of Approval to cover a road improvements agreement, maintenance, internal
roads, grading and drainage. Commissioner Hall clarified he does not want to be working towards
some internal road system improvements agreement, but would like to see a hybrid of all the things
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the Board has to deal with in a subdivision, without getting too carried away with regulations.
Commissioner Hall indicated his desire for a Condition requiring the applicant to work with Public
Works to establish a way of reducing some of the accesses and still maintain safety for both the
highway and the internal participants of that dairy. Commissioner Kirkmeyer clarified that
Commissioner Hall intends for Public Works to approve the plan if both parties agree; however, if
there is disagreement, it should come to the Board. She also clarified for staff and the applicant
that when she talks about reducing the number of accesses she is not only talking about one
access. Mr. Scheltinga stated he feels staff can meet with Mr. Gregerson and come up with an
agreement both parties agree to. Chair Baxter verified the applicant will accept that Condition.
Commissioner Kirkmeyer verified the applicant agrees with the addition of a Development Standard
requiring all houses to be on public water for internal, potable use. Reviewing Condition #2.a.1
and 2, Commissioner Harbert questioned the requirement of a Registered Professional Engineer
conducting the review and, after discussion, it was agreed the word "conducted" in both paragraphs
should be changed to "certified." Commissioners Kirkmeyer indicated Condition of Approval #5
should be modified because, if approved today, this application will include 29 housing units,
therefore, there will be no need for staff to evaluate the need for additional residences.
Commissioner Hall clarified that the need for housing is not what will be evaluated, but what the
houses will be used for. Mr. Morrison stated that the need may be there with 29, but the Certificate
of Compliance addresses whether the actual residents are working on the facility as opposed to
a rental. Commissioner Kirkmeyer then asked for deletion of the words "to evaluate the need for
the additional residences and" from Condition #5. Commissioner Hall clarified Condition #1 allows
enough time to comply. Mr. Morrison stated the applicant only needs to show due diligence. Ms.
Keithley indicated a letter from the applicant requesting one or two months extension would be
appropriate.
Commissioner Kirkmeyer moved to approve the request of Francis Gregerson for a Site Specific
Development Plan and Special Review Permit #1151 for a livestock confinement operation
consisting of a 6000 -head dairy (2500 milking -cow herd) with three office buildings and 29
accessory -to -the -farm dwellings 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 submitted by the Planning staff, including the following
changes: 1) Condition #2.A.1, change the word "conducted" to "certified" in the last sentence; 2)
Condition #2.A.2, make the same change as in #2.A.1; Condition #2.6, by adding the words "and
water" after "equipment" in the second sentence; Condition #3 to read: "The applicant and
Department of Public Works will work to reduce the number of accesses on Weld County Roads
24 and 11 and that the access plan be approved by the Board of County Commissioners; Condition
#5 to delete the words "to evaluate the need for the additional residences and"; add Development
Standard #22 which will have reference to the existing and future housing being on public water
for in-house use; then renumber existing Development Standards #22 and #23. The motion was
seconded by Commissioner Harbert. Commissioner Hall clarified Condition of Approval #2.1
includes the Bataa Oil Company. Commissioner Kirkmeyer stated she was working off the
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Conditions of Approval which were presented today after lunch and her motion includes any
changes made to the Conditions presented earlier. Mr. Morrison suggested an addition to
Condition #3 "access and internal circulation plan." Commissioner Kirkmeyer agreed it was more
in line with her intent. Mr. Morrison questioned whether Commissioner Kirkmeyer, by her motion,
was accepting the argument the IGA was not applicable because of the date of adoption.
Commissioner Kirkmeyer agreed with that part of the argument, and also that the IGA was not
supposed to include expansion to uses that were already in the area. When the agreement was
being drawn up, the Board consistently talked about new development only. Responding to Mr.
Morrison, Commissioner Kirkmeyer agreed to include her last statements as additional reasons for
approval of the motion. Commissioner Kirkmeyer also noted Firestone had plenty of time to
comment on this proposal; however, none of the letters or communications from the Town
answered questions about annexation probabilities, which is another part of the IGA. Ms. Keithley
pointed out the last sentence in Condition #4 states the oil and gas accesses shall not be utilized
as an access point for any employee housing. After discussion, Commissioner Hall suggested the
motion allow the Public Works Department and applicant to work on the access and internal road
system plan, allowing them flexibility to utilize existing accesses; however, not adding any
accesses. Mr. Morrison clarified it was being added to Condition #3, with Condition #4 being
deleted, and Commissioners Kirkmeyer and Harbert agreed to the amendment. The motion carried
unanimously.
This Certification was approved on the 4th day of August, 1997.
APPROVED:
ATTEST:
the B. -rd
eputyCletk�t'1he Board
&'
TAPE fk97.19 & -20
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DOCKET #97-40
BOARD OF COUNTY COMMISSIONERS
WEL'FL
ORA. LOR` It*
George E. Baxter, Chair
�.S?�f Tirts�.v
stance L. Harbe Pro- em
Dale K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
b 2 L i
W. H. We ster
971724
PL1222
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF JULY, 1997:
DOCKET #97-40 - Special Review Permit #1151 for a livestock confinement operation
consisting of a 6000 -head dairy (2500 milking -cow herd) with three office
buildings and 29 accessory -to -the -farm dwellings in the A (Agricultural) Zone
District - Francis Gregerson
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