HomeMy WebLinkAbout991593.tiff HEARING CERTIFICATION
DOCKET NO. 99-45
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1231 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT FOR A LIVESTOCK
CONFINEMENT OPERATION(DAIRY)AND ANIMAL FEEDING OPERATION FOR 2,500-
HEAD OF CATTLE IN THE A(AGRICULTURAL)ZONE DISTRICT-DARRELL BEARSON,
BEARSON DAIRY, LLC, c/o THOMAS HAREN, ENVIRO STOCK, INC.
A public hearing was conducted on July 7, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 23, 1999, and duly published June 26, 1999,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Darrell
Bearson, Bearson Dairy, LLC, % Thomas Haren, Enviro Stock, Inc., for an Agricultural Service
Establishment for a Livestock Confinement Operation (dairy) and Animal Feeding Operation for
2,500-head of cattle in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Sheri Lockman, 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. Lockman gave a brief description of the location of the site which
is approximately 160 acres in size. She stated six referral agencies responded favorably;the Town
of Frederick and City of Dacono each stated the proposal does not comply with its Comprehensive
Plans, two referral agencies did not respond, and 24 letters of support have been submitted. Ms.
Lockman stated there is an existing Use by Special Review Permit on the property for a single
family residence which is not required and should be vacated. In response to Commissioner Vaad,
Ms. Lockman stated the current number of animal units is allowed as a Use by Right under the total
number of acres; however, this Use by Special Review Permit will not include the entire property.
Responding to Commissioner Geile and Chair Hall, Ms. Lockman stated Condition of Approval
#2.G was added to buffer the mobile homes from the feeding pens, and buffering the edge of the
property from surrounding properties would be very difficult because the site is located on a hill.
In response to Commissioner Baxter, Ms. Lockman indicated the location of surrounding
residences and stated the remaining area is agricultural in nature. Responding to Chair Hall, Ms.
Lockman stated there are currently seven mobile homes on the site and the applicant is proposing
the addition of seven more. Trevor Jiricek, Weld County Department of Public Health and
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cc PL ilk, PL1316
HEARING CERTIFICATION - DARRELL BEARSON, BEARSON DAIRY, LLC, % THOMAS
HAREN, ENVIRO STOCK, INC. (USR#1231)
PAGE 2
Environment, stated due to the density of the mobile homes, the applicant will be required to use
the Colorado Site Application process to explore available sewage options, and added the current
mobile homes have septic permits. In response to Commissioner Geile, Mr. Jiricek stated a fifteen-
to-one dilution threshold is a very strong odor, which is measured using a device according to
CAFO regulation #2. Responding to Commissioner Baxter, Mr. Jiricek stated the applicant did
submit a Waste Water Handling Plan with the application materials which propose a new holding
pond; however, the existing ponds are sufficient.
Darrell Bearson, applicant, stated the operation will be expanding from 900 to 2,500 animals. In
response to Commissioner Baxter, Mr. Bearson stated he lives approximately four miles from the
site.
Thomas Haren, Enviro Stock, Inc., represented the applicant, displayed the current layout of the
dairy, and explained the applicant proposes to build certain areas up to better manage drainage
on the site, to construct new pens, and locate the movable calf huts around the oil well to ensure
access is maintained. Mr. Haren stated the waste water holding capacity of this dairy far exceeds
the requirements and during average years many of the retention ponds will be dry. In response
to Commissioners Baxter and Geile, Mr. Haren stated the applicant will farm the land not included
in the Use by Special Review Permit area, which includes parcels 040, 043, and 048 identified on
the aerial photograph. Responding to Commissioner Kirkmeyer, Mr. Haren stated the discharge
referred to in Exhibits F and G, occurred between April 21, 1999, and May 2, 1999. Mr. Haren
explained due to the extreme weather conditions,the applicant could not apply the contained runoff
water to his surrounding farm ground because it was already saturated resulting in a discharge.
Mr. Haren stated the proposed plan will alter the natural drainage and add holding ponds to prevent
any further discharges from the property. He further stated the applicant intends to construct the
fifth holding pond regardless of the Board's decision. In response to Commissioner Kirkmeyer, Mr.
Haren stated he feels the Health Department's referral requesting the dairy to be constructed to
handle and retain six months of process waste water and the storm water is too much. Responding
to Commissioner Geile, Mr. Haren stated odor is very hard to measure; however,the fifteen-to-one
threshold is a very stringent requirement. In response to Commissioner Kirkmeyer, Mr. Haren
explained the State requires that all water must be handled; however he feels the six-month
requirement exceeds what is necessary and recommended a four-month capacity. Trevor Jiricek,
Department of Public Health and Environment, explained they chose the six-month holding
requirement because during the winter, it is not unusual for a dairy to have to hold six months of
runoff before they are able to land apply. In response to Commissioners Geile and George Baxter,
Mr. Haren stated the dairy was constructed in 1987 and explained the requested expansion will
allow the applicant to use the current parlor to a capacity of 1,100 cows, as well as increase the
number of support animals.
Tom Sevcik, surrounding property owner, stated when the applicant purchased the dairy, he made
an agreement with the previous owner that he would not expand the dairy and that he would live
on-site. He stated the applicant has not adequately managed the flies, dust, waste containment,
or odor and the proposed expansion will increase the existing problems. He expressed concern
with the introduction of wasps to help mitigate the flies which are not native to the area, as well as
additional ponds which will create more flies and odor. Mr. Sevcik stated seven additional families
and more trucks to support the additional milk production will negatively impact the road,the letters
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HEARING CERTIFICATION - DARRELL BEARSON, BEARSON DAIRY, LLC, % THOMAS
HAREN, ENVIRO STOCK, INC. (USR#1231)
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of support do not come from people who live near the dairy and endure its negative effects, and
the applicant was not open with his intent to expand because he removed the notification sign. In
response to Commissioner Geile, Mr. Sevcik stated the agreement referred to earlier was an
informal agreement and was not signed or recorded.
Sherri Tretter, surrounding property owner, stated she agrees with the comments made by Mr.
Sevcik and added no amount of planning or technology will reduce the amount of flies in the area.
She stated she recently improved her home; however, if she had been aware of the proposed
expansion, she would have moved. She stated prior to the proposed expansion, she did not
complain because she moved into the area knowing there was a dairy nearby; however, she does
not support the expansion of the dairy because it will also expand the amount of flies, dust, and
odor,which will further affect their quality of life and property value. In response to Commissioners
Geile and Baxter, Ms. Tretter indicated the location of her home, and stated her husband has lived
in the area for eight years and she has been there four years, and she is not sure if the conditions
have worsened or if they are just becoming more irritating.
Mr. Haren stated the applicant is using all of the technology available to help mitigate the effects
of the dairy, and added there were no complaints until the applicant filed to expand his operation.
He further stated Mr. Bearson's mother does live on the site and he is there every day and is very
aware of what is happening around the dairy. In response to Commissioner Vaad, Mr. Haren
stated this is a Grade A dairy inspected by the licensing authority which determines the cleanliness
and quality of the product produced, conducts fly tests, and determines whether a milk bonus is
received. In response to questions from Commissioner Baxter, Commissioner Kirkmeyer
commented buy-outs stipulate that an operation cannot be expanded for a period of five years. Mr.
Haren added the applicant's records indicate an adequate ability to support the additional mobile
homes with the two wells on-site located in the Fox Hills Formation. In response to Commissioner
Baxter, Ms. Lockman indicated when she posted the sign, it was stormy and the sign may have
blown down. She further stated all of the surrounding property owners within 500 feet were
notified; however, those who were notified, may live adjacent to Mr. Bearson's property which is
not included in the Use by Special Review Permit. In response to Commissioner Geile, Mr. Haren
stated he could not find a written agreement with the previous land owner.
Mr. Bearson stated he did not make a formal or informal agreement with the previous landowner.
He explained that person wanted him to purchase additional land; however, when that offer was
declined the seller was upset. In response to Commissioner Kirkmeyer, Mr. Jiricek stated the
applicant submitted an Odor Plan and Waste Management Plan with the application; however,staff
has not yet reviewed or approved them. He explained mitigation of the effects caused by
composting and pond odor will be addressed in the plans. Mr. Haren stated the existing wells are
sufficient to supply the additional trailers; however, Central Weld County Water District does have
water available in the area. He stated the wells are permitted for multiple use, but they are limited
to 15 gallons per minute. Mr. Bearson stated he started his operation with 300 cows and has been
at the current size for the past three or four years and plans to gradually increase to the proposed
size. Responding to Commissioner Kirkmeyer, Mr. Haren stated the Dust Abatement Plan was
worked out with the Health Department. He explained the plan addresses the type of feed, pen
density and management practices to ensure the animals are cleaner resulting in a cleaner milk
product. He stated if nuisance conditions persist, the plan requires the applicant to increase the
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HEARING CERTIFICATION - DARRELL BEARSON, BEARSON DAIRY, LLC, % THOMAS
HAREN, ENVIRO STOCK, INC. (USR#1231)
PAGE 4
intensity of the plan and buffering. In response to Commissioner Kirkmeyer, Mr. Haren stated the
surrounding roads and internal driveway are gravel, there is one milk truck which travels to and
from the site daily, and the applicant mitigates internal dust with a water truck. In response to
Commissioner Kirkmeyer, Mr. Haren reiterated the proposed plan is designed for regulatory
weather events; however,this year the area received three-fourths of its annual precipitation within
a few days and the applicant could not control the flow. In response to Commissioner Baxter, Mr.
Haren stated the ponds did not break, they overflowed because the applicant could not dewater
onto ground which was already saturated. He stated Enviro Stock visited with each of its clients
and gave management tips to help prevent discharge, and Mr. Bearson followed the recommended
practices and still had an overflow due to the excessive weather. In response to Commissioner
Kirkmeyer, Mr. Haren stated dust, flies, and odor are not regulated by CAFO; therefore, the Use
by Special Review Permit is more enforceable and will further mitigate the existing nuisance
conditions. Responding to Chair Hall, Mr. Jiricek agreed that a Condition of Approval should be
added to ensure that water is available in adequate quality and quantity. In response to
Commissioner Geile, Mr. Morrison stated the last sentence of the referral from the Town of
Firestone does not prevent the Board from taking action. In response to Commissioners Kirkmeyer
and Geile, Mr. Jiricek stated Condition of Approval #2.A.5.1 was originally included to provide
evidence that the manure will be properly handled and not stockpiled off-site, and the applicant
keeps a manure removal log for clear evidence of management. He indicated if the manure is sold
and stockpiled,the County has the ability to enforce nuisance controls on the stockpiler, and added
the applicant has the ability to deal with the expansion and increased amount of composting
required. Responding to Commissioner Vaad, Mr. Jiricek stated when a fly complaint is received,
staff must visit the site and make a determination. Commissioner Kirkmeyer commented that the
State inspects for cleanliness and excessive flies result in a mark down and possible loss of bonus.
Commissioner Vaad moved to approve the request of Darrell Bearson, Bearson Dairy, LLC,
Thomas Haren, Enviro Stock, Inc.,for a Site Specific Development Plan and Special Review Permit
#1231 for an Agricultural Service Establishment for a Livestock Confinement Operation(dairy)and
Animal Feeding Operation for 2,500-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 and to delete Condition of
Approval #2.G and Development Standard #24. He stated internal buffering should be up to the
applicant. Ms. Lockman stated Condition of Approval #2.1 should be added to state, "Prior to
recording the plat, evidence shall be submitted to the Department of Planning Services that
adequate water is available to serve the proposed mobile homes." In response to Chair Hall, Mr.
Haren indicated the applicant has reviewed and agrees with the Conditions of Approval and
Development Standards, as well as the proposed changes. Commissioner Vaad amended his
motion to include the addition. Commissioner Geile seconded the amended motion.
Commissioner Baxter commented that although there is the existence of nuisance conditions, the
Use by Special Review Permit requires plans that can be enforced, and commented the dairy could
continue to operate regardless of the Board's decision. Commissioner Kirkmeyer commented the
Permit will allow for the enforcement of better management on the site. The motion carried
unanimously.
91593
PL1316
HEARING CERTIFICATION - DARRELL BEARSON, BEARSON DAIRY, LLC, % THOMAS
HAREN, ENVIRO STOCK, INC. (USR#1231)
PAGE 5
This Certification was approved on the 12th day of July, 1999.
APPROVED:
AAAT E^> . ;b ' BOARD OF COUNTY COMMISSIONERS
�,'� W COUNTY, COLORADO
Asst ' .:O:.
eld if4t ler tO a Board
ells I C dr ( , / Dale K. Hall, Chair
B : IL. . -
`to the Board = A � 1-1-1A--
/t� .
Barb a J. Kirkme er, Pro- em Q
TAPE #99-24
Geo a E. B
DOCKET#99-45
Glenn Vaad
91593
PL1316
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1231 - DARRELL BEARSON, BEARSON DAIRY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. John Folsom Letter (E-mail) of support (05/17/99)
F. Bud and Joyce Hunziker Letter of Concern (06/22/99)
G. Larry and Kim Richmeier Letter of Concern (06/22/99)
H. Tom Sevcik Petition of opposition dated 07/07/99
Thomas Haren Rain Chart
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF JULY, 1999:
DOCKET#99-45 - DARRELL BEARSON, BEARSON 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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