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Home My WebLink About962096.tiff HEARING CERTIFICATION DOCKET NO. 96-59 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1091 FOR A 2000-HEAD DAIRY OPERATION IN THE A(AGRICULTURAL)ZONE DISTRICT-HIRSCH DAIRY A public hearing was conducted on December 16, 1996, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tern Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Todd Hodges Court Reporter, Linda M. Koenig of Billings Reporting Service The following business was transacted: I hereby certify that pursuant to a notice dated November 4, 1996, and duly published November 7, 1996, in the South Weld Sun, a public hearing was conducted on November 20, 1996, to consider the request of Hirsch Dairy for a Site Specific Development Plan and Special Review Permit for a 2000-head dairy operation in the A (Agricultural) Zone District. At said hearing on November 20, 1996, the Board continued said matter to December 16, 1996, at which time Lee Morrison, Assistant County Attorney, made this a matter of record. Tom Hellerich, Attorney, stated he represents various surrounding property owners in opposition to this proposal and reviewed and submitted the following exhibits: Exhibit Y- letter dated November 24, 1996, to Jacob Hirsch from Victor H. Sainz, District Engineer of the Water Quality Control Division, Colorado Department of Public Health and Environment; Exhibit Z - letter dated December 2, 1996, to Jacob Hirsch from J. David Holm, Director of the Water Quality Control Division, Colorado Department of Public Health and Environment; Exhibit AA - "Petition in Opposition to Hirsch Dairy Application"; and Exhibit BB - resume for Forrest A. Leaf, Leaf Engineering. Mr. Leaf then began his "Technical Review" presentation and reviewed and submitted four aerial photographs of the site, Exhibits CC-1 through Exhibits CC-4. He also referenced Tabs 46 through 49 of Exhibit D, submitted at the November 20, 1996, hearing. During Mr. Leaf's presentation he also submitted Exhibit DD, two photographs illustrating the gradient topography of the site, noting runoff draining into the Smith Lateral. He referenced numerous overheads, Exhibit EE for the record, and discussed the 962096 PL1059 ge,; FL RE: HEARING CERTIFICATION - HIRSCH DAIRY (USR#1091) PAGE 2 following: soil types; site drainage; manure storage site drainage; excerpts from Pages 40-37 and 40-38 of the Weld County Zoning Ordinance concerning the November 22, 1996, violation of the Confined Animal Feeding Operations Control (CAFO) Regulations and said ordinance; and "Table 3. Computation Sheet: TR-55 Graph Method" concerning runoff. At this time, Mr. Morrison noted at the November 20, 1996, hearing the Board indicated a written report was to be submitted by December 9, 1996, for the applicant's representatives to review. Mr. Hellerich clarified a written report was not prepared, and after further discussion the Board agreed to allow Mr. Leaf to proceed, noting the Board would decide if additional time is needed to respond. Mr. Leaf then resumed his presentation by referencing further overheads included in Exhibit EE as follows: "Cross Section for Trapezoidal Channel"; "Cross Section for Circular Channel"; "CAFO Regulations"; map indicating where soil tests were drilled; annual nitrogen production; and alluvial aquifer. Mr. Leaf also referenced and submitted an aerial aquifer map, Exhibit FF, at this time. Continuing with the overheads included in Exhibit EE, Mr. Leaf discussed potential aquifer contamination; alluvial aquifer loading from excess nitrogen land application; the waste water lagoon; a graph indicating density vs. moisture content. He also referenced Exhibit O and the second photograph in Exhibit DD, noting the lagoon was constructed 400 feet from an existing residence and is not functioning as a no-discharge facility. Mr. Leaf further reviewed the waste water lagoon and "Seepage . . . Process Waste/Lagoon Water Budget" as submitted in Exhibit EE. Mr. Hellerich referenced Tab 24 of Exhibit D, and he and Mr. Leaf responded to numerous questions from the Board concerning the violations of the CAFO Regulations. Mr. Leaf also submitted as Exhibit GG an enlargement of the map found under Tab 47 of Exhibit D and verbiage regarding soil surveys as Exhibit HH. Mr. Hellerich provided copies of the CAFO Regulations to the Board, and Mr. Morrison noted Mr. Sainz will not be available this afternoon; therefore, his testimony should be allowed at this time. Mr. Sainz reviewed his background concerning water quality and the background of the CAFO Regulations, which he explained are the responsibility of the operator to implement. Mr. Sainz responded to numerous questions from the Board and John Chilson, Attorney representing the applicant. (Changed to Tape #96-35 during Mr. Sainz's testimony.) Let the record reflect a recess was taken at this time until 1:00 p.m. Upon reconvening, Mr. Hellerich noted original complaints were received by the State Health Department in August 1995, and he requested Mr. Leaf respond to certain requirements of the CAFO Regulations. Mr. Chilson voiced his continuing objection to this line of testimony concerning the CAFO Regulations and clarified this hearing is relevant to the Weld County Zoning Ordinance. Mr. Morrison suggested the Board balance the weight of the testimony rather than reject evidence. Mr. Hellerich and Mr. Leaf proceeded by referencing specifics of the CAFO Regulations and the Weld County Zoning Ordinance and responding to further questions from the Board. Harold Felte, surrounding property owner, stated poor living conditions have developed since the enlargement of the dairy, which is a nuisance. Responding to questions from the Board, Ken Lind, Attorney for the Smith Lateral Ditch Company, discussed the easement for the ditch and for Lind Farms' buried pipeline. Mr. Hellerich again referenced the Weld County Zoning Ordinance, the Water Quality Control Act, and the CAFO Regulations and submitted Exhibit II, indicating inadequate staff is available to review the submitted information. After further comments, Mr. Hellerich submitted an 962096 PL1059 RE: HEARING CERTIFICATION - HIRSCH DAIRY (USR#1091) PAGE 3 additional Development Standard and nine additional Conditions of Approval as Exhibits JJ and KK, respectively. Mr. Morrison corrected #2 of Exhibit KK to read: " . . . comprehensive drainage plan . . ." in the first sentence. No further public testimony was offered at this time, and Mr. Morrison responded to questions from the Board confirming the applicant must comply with State regulations. Mr. Chilson clarified that, regardless of approval of this Permit, CAFO and Weld County Health will enforce compliance and requested a response from Trevor Jiricek, Health Department. Mr. Jiricek stated he feels staff has demonstrated competence in the past with similar facilities and noted the intergovernmental agreement with the State which provides for consultation and advice from staff with various areas of expertise. David Rau, Terracon Environmental, Inc., stated he is a Colorado Registered Professional Engineer, not an advocate for his client, and clarified planning documents have been in process since 1993 and are consistent with engineering practices. Mr. Rau suggested the Board may be being mislead by the opposition and rebutted numerous issues referencing Exhibits CC and O. He reiterated his resentment toward Mr. Hellerich's accusation that false and misleading information has been provided and clarified only accurate information has been submitted. Mr. Rau, Mr. Chilson, and Mr. Hirsch then responded to numerous questions from the Board. Let the record reflect a five-minute recess was taken at approximately 3:30 p.m., at which time Commissioner Webster was excused. Upon reconvening, the applicant agreed to proceed without the presence of Commissioner Webster. Mr. Chilson then referenced various exhibits and asked Mr. Hirsch to respond to various questions concerning his operation. (Changed to Tape#96-36.) Mr. Chilson, Mr. Hirsch, and Mr. Rau then responded to further questions from the Board and staff became involved in discussion regarding revisions to certain Conditions of Approval and Development Standards. Mr. Chilson explained the application provides concepts, due to affordability, then the applicant proceeds to the design phase upon approval. He suggested additional conditions require the design plans be brought back before the Board and reiterated the applicant cannot proceed without zoning approval because it is not cost effective. Mr. Morrison clarified the applicant is still at risk because the Permit may not be finally approved. Mr. Chilson confirmed the proposal can be made compatible and reiterated all design specifics can be further reviewed by the Board. After thoroughly reviewing and making certain revisions to the Conditions of Approval and Development Standards with staff and the applicant's representatives, the Board agreed to hear further comments from Mr. Hellerich who again referenced the Weld County Zoning Ordinance's requirement concerning public hearings. Mr. Morrison clarified this hearing does not reflect the final decision on the Permit, and the Board is essentially continuing the hearing to further consider the compatibility of the use, specifically concerning health, safety, and welfare issues. Mr. Chilson referenced Sections 24.4.2.1 through 24.4.2.7 of the Weld County Zoning Ordinance and suggested the Board make findings that such design standards be met by the date of the final hearing. Mr. Morrison clarified reference to Sections 24.4.2.6 and 24.4.2.7 should be reserved for the later hearing, and Mr. Chilson agreed. Responding to further comments from Mr. Hellerich, the Board noted the existing sheep and cattle operations on both sides of the subject site and concurred adequate provisions for protection of the health, safety, and welfare of the neighborhood are being considered by conceding to another public hearing. 962096 PL1059 RE: HEARING CERTIFICATION - HIRSCH DAIRY (USR#1091) PAGE 4 Commissioner Harbert then moved to approve the request of Hirsch Dairy for a Site Specific Development Plan and Special Review Permit for a 2000-head dairy operation in the A(Agricultural)Zone District, subject to final review and approval of the plans submitted concerning the health, safety, and welfare of the neighborhood and including the following revisions to the Planning Commission's Resolution of Recommendation: Change "15" to "30" in Condition of Approval #1; add language concerning tail water detainment and seepage to Condition of Approval #2.A.(3); add Conditions of Approval #2.D. through #2.O. concerning odor abatement, compliance with Section 47 of the Weld County Zoning Ordinance, relocating the manure stockpile, and defining on the plat the approximate location of the buried pipeline easement for Lind Farms, respectively; add Development Standards #18 and #19 requiring removal of waste in the Smith Lateral and an odor abatement plan, respectively, and renumber the following Development Standards consecutively; and require all plans to be approved by the Board rather than staff. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 18th day of December, 1996. APPROVED: ATTEST: t� A/ �_ �� BOARD OF COUNTY COMMISSIONERS �►s r w � WELD COUNTY, COLORADO Weld Coun Clerk tottfie. o- i / .lwh,a J / j �. 'e �. Fist_: d - �' 7 /Barbar J. Kirkmeyer, Chair if BY: /iDeputy Clerks Georg . Baxter, Pro- m TAPE #96-34, #96-35, AND#96-36 Dale R. Ha DOCKET#96-59 Constance Harbert PL1059 FXCI ISFr) f)ATF OF APPROVAI W. H. Webster 962096 PL1059 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF DECEMBER, 1996: DOCKET#96-59 - USR #1133 for HIRSCH DAIRY PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. 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