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Home My WebLink About971438.tiffHEARING CERTIFICATION DOCKET NO. 97-39 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1152 FOR EXPANSION OF A LIVESTOCK CONFINEMENT OPERATION (50,000 HEAD FEEDLOT AND 12 ACCESSORY DWELLING UNITS) IN THE A (AGRICULTURAL) ZONE DISTRICT - HORTON CATTLE COMPANIES A public hearing was conducted on July 23, 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, Shani Eastin County Engineer, Drew Scheltinga Health Department representative, Trevor Jiricek The following business was transacted: I hereby certify that pursuant to a notice dated July 2, 1997, and duly published July 10, 1997, in the South Weld Sun, a public hearing was conducted to consider the request of Horton Cattle Companies for an expansion of a livestock confinement operation (50,000 head feedlot and 12 accessory dwelling units) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Shani Eastin, Department of Planning Services representative, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. Ms. Eastin stated the feedlot currently has 22,000 head of cattle and is operating under Special Use Permit #112, which was approved by the Board on August 23, 1971. Ms. Eastin also stated approval of this request will increase the permitted area to include the SE% of Section 18, which will increase the acreage to 335. It will also add ten housing units, making a total of 12 accessory dwelling units. Ms. Eastin presented a letter from Gittlein Farms regarding storm water runoff (Exhibit I) and a letter from Cattle Consultants, Inc., informing the Board of a change of partial ownership in Horton Cattle Companies, with the agreement of Richard Monfort and Richard Montera to abide by the Conditions of Approval and Development Standards which might be imposed with this permit, and to allow Joseph Hoff to act as their representative. Joe Hoff represented the applicant and stated the purpose of this request is to allow for the natural growth of this family business and to consolidate its operation from several other locations. Mr. Hoff gave a history of the company and an overview of its economic impact upon Weld County, including the employment of 22 individuals. He stated the expansion is consistent with the Weld County Comprehensive Plan and the applicant will comply with all Conditions of Approval and Development Standards imposed by the Board. Mr. Hoff asked the Board to consider stabilization Pz- 971438 PL0709 HEARING CERTIFICATION - HORTON CATTLE COMPANY (USR #1152) PAGE 2 of Weld County Road 34 with Magnesium Chloride instead of paving, and explained the spillage berm which is now being constructed around the fuel tank area. Responding to Commissioner Webster, Mr. Hoff explained all new pens have sprinkler systems installed, as well as high tensile strength wire to reduce the size of the pens in the summertime. The older pens are sprayed by truck for dust abatement, and two trucks were added to their operation this summer for this purpose. Commissioner Harbert questioned the request for stabilization of Weld County Road 34, stating traffic will increase substantially because of the ten additional dwelling units being proposed and it will not only be an increase in truck traffic. Mr. Hoff stated the primary concern of the applicant is dust control, and the stabilization is more cost effective than paving. Drew Scheltinga, County Engineer, clarified for Chair Baxter that stabilization does mean more than dust control, in fact, it includes all the preparation and laying of base that is completed when the road is to be paved. He noted there has been a trial stabilization on a three-mile strip near Platteville, but the long-term maintenance of the process has not yet been determined. Mr. Scheltinga pointed out the stabilization process has been considered by the County as an interim to paving, and noted the traffic count shows current traffic patterns of approximately 200 vehicles per day. Mr. Scheltinga stated preparation and stabilization will cost approximately $75,000 per mile, whereas paving would be approximately $150,000. He also clarified for Commissioner Kirkmeyer that the feedlot would be charged approximately 22 percent, based upon its share of current traffic. Commissioner Kirkmeyer also questioned the impact of an additional ten housing units on traffic. Mr. Scheltinga responded the average daily traffic will be well over the 200 currently counted. Mr. Hoff indicated the total expansion to 50,000 head may not occur for a period up to five years; therefore, paving at this time would be inappropriate. Responding to Chair Baxter, Mr. Hoff stated Weld County Road 32 is not necessary for truck traffic, and a Development Standard addresses this concern. Howard Franklin, surrounding property owner, discussed dust and fly control and increased traffic, with numerous children in the area as his biggest concerns. Water runoff into holding ponds in a Flood Plain area was also a concern. Mr. Franklin requested the Board require a sprinkler system, a sheltered area of trees, and a buffer zone around the pens. He also noted the holding barrow pits are in the right-of-way, raising a safety issue for traffic, especially in the winter. Responding to Chair Baxter, Mr. Franklin stated the biggest problem with dust is at feeding time and early evenings and that the original Box Elder Creek went through the area just south of the proposed expansion. In response to Commissioner Hall, Mr. Franklin stated that the sprinkler system on the new pens and the trucks spraying with ditch water do help with dust abatement. Michael and Larry Gittlein, surrounding property owners, offered their support for the expansion and paving of Road 34; however, Michael Gittlein questioned whether the applicant should have to pay for a portion of the paving. Larry Gittlein stated it would be advisable to have the applicant spend the money for dust abatement in the pens instead of on the roads. Diane Meldenberger, surrounding property owner, offered three pages of photos taken in the evening between 8:00 and 10:00 p.m. (Exhibit G), five pages of photos taken during the daytime (Exhibit H), a petition requesting stabilization of Weld County Road 34 (Exhibit C), and a map of the area (Exhibit D). She stated her main area of concern as a mother is the safety of the children in the area, and she indicated three schools have buses in the area. Ms. Meldenberger suggested the feedlot be required to comply with dust control measures and safety concerns at its current level of operation, rather than proceeding with the expansion at this time. 971438 PL0709 HEARING CERTIFICATION - HORTON CATTLE COMPANY (USR #1152) PAGE 3 Gary Grouchen, surrounding property owner, stated he has never had a problem with the feedlot, although he lives on Road 34. He feels the applicant has taken adequate measures for dust control and the test done with Envirotech being applied to the road has worked well. He stated the applicant should not be required to pay a portion for paving costs unless the oil companies are also required to do so. Responding to Chair Baxter, Mr. Grouchen stated the dust cloud does not seem to drift over his property; however, his dust problem is with the trucks. Linda Rasmus, surrounding property owner, presented three photos to the Board (Exhibit E), and stated her son has asthma; therefore, dust is a huge concern for them. She stated that she lives on Weld County Road 34 and something must be done about it for dust control, and she also requested proper signage in the area to reflect school buses are loading. She said she called the County, but was told school bus signs could only be placed on paved roads. Pat Krautschun, surrounding property owner, stated her safety concerns as a mother, noting she prefers Envirotech being applied instead of paving. She is concerned with more ice being on a paved road and stated snow removal never occurs until mid -morning, although the buses run at 7:00 a.m. Ms. Krautschun presented a photo of the dust (Exhibit F), and discussed the heavy road traffic created by tanker trucks from the oil companies, high speeds, and improper use of jake brakes. She also stated entrails were spilled on the road, which created a one-half inch layer of grease on the road which she could not get cleaned up through the Health Department, etc., and, therefore, had to deal with herself. Commissioner Harbert explained the stabilized road would be more slick than if paved. Ms. Krautschun responded it would not matter since a person can only drive 12 miles per hour at current conditions. (Changed to Tape #97-19 which Ms. Krautschun was speaking.) Jim Meldenberger, surrounding property owner, discussed the traffic and dust problems, suggesting the feedlot do screening with trees, which has appeared to work at other locations. He also stated a concern regarding maintaining aquifer and noted some wells in the area already show sand at times because the water is being depleted. Chair Baxter closed public testimony at this time, and requested Mr. Hoff respond to the concerns raised. Mr. Hoff stated the applicant has monitored the wells for the past two or three weeks and there has been no change in the level of the water. He discussed his augmentation plan which is filed with the State and the measures taken to purchase additional water. Regarding the Flood Plain area, Mr. Hoff stated there is a natural barrier created by the height of the roads and indicated the applicant will be constructing berms around the holding ponds, which should provide adequate protection. Mr. Hoff indicated the applicant will be requesting the vacation of Weld County Road 51, between 32 and 34, thus allowing them to maintain it as a private road. Responding to questions from Chair Baxter and Commissioner Hall, Mr. Hoff indicated there is no benefit gained from spraying in the mornings, the water evaporates too quickly; however, the applicant has begun spraying after 2:00 p.m. He noted there is plenty of water available, indicating the applicant has ten permits for wells, with one being adjudicated at the State Engineer's Office to allow usage to change from irrigation to commercial. Mr. Hoff also indicated the older pens might be equipped with sprayers in the future if that option is feasible. Commissioner Kirkmeyer verified with staff the Health Department will be reviewing the dust abatement plan for the entire permitted area, and that 971438 PL0709 HEARING CERTIFICATION - HORTON CATTLE COMPANY (USR #1152) PAGE 4 Mr. Hoff has no problem with the signage being requested. Mr. Hoff also responded to Commissioner Kirkmeyer that the applicant plans to remove the old home which will also solve the septic system problem. Commissioner Webster questioned whether wasp control of flies is effective without being in place for a number of years, and Dallas Horton, applicant, indicated they have being doing it for several years and it is now becoming effective. Mr. Horton also addressed the dust issue, stating the sprinklers and trucks start at 2:00 p.m. because that is when the most effective abatement is achieved. He also explained he is looking at an underground pipeline for ditch water to use for spraying, and discussed in further detail the manner in which the high tensile strength wire is used to narrow the pen at the bunk, thus "packing in" the cattle to a higher density in less space which, in turn, creates less dust. Mr. Horton requested they be allowed to try the Magnesium Chloride for the rest of the summer without stabilization or paving and indicated he can work the Road Improvements Agreement out with staff. Discussion ensued concerning paving versus stabilization, with Commissioner Kirkmeyer stating Weld County Road 34 did not make the paving schedule, although it is at the top of the list of roads which need paving; therefore, stabilization was seen as an interim to paving. She also verified with Mr. Scheltinga that the feedlot is currently creating 22 percent of the traffic, however, the expansion and addition of ten housing units would increase that. Mr. Morrison advised the Board to give instructions to staff within the framework of the motion, indicating the desires of the Board, rather than leaving them to negotiate an agreement that is not acceptable to the Board. Responding to Commissioner Kirkmeyer, Ms. Eastin and Mr. Morrison indicated the definitions of lots and accessory buildings in the Zoning Ordinance are to deal with those issues in a normal manner; however, this parcel and the accessory dwellings are considered as one Use By Special Review area and is, therefore, considered to be one lot. Mr. Jiricek explained "run-on control feature" mentioned in Condition of Approval #4 for Commissioner Kirkmeyer, and indicated the runoff issue would be an appendix to the Manure Wastewater Plan which will be reviewed by the Health Department. Commissioner Kirkmeyer also requested the words "and water" be added to Condition of Approval 2.6 in the second sentence after the word equipment. Mr. Jiricek verified for Chair Baxter the Dust Abatement Plan will be completed and approved prior to recording the plat and indicated it is possible it will be more strict than the State laws. Commissioner Kirkmeyer moved to approve the request of Horton Cattle Companies for a Site Specific Development Plan and Special Review Permit for expansion of a livestock confinement operation (50,000 head feedlot and 12 accessory 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, with the addition of the words "and water" after the word "equipment" in the second sentence of Condition of Approval #2b and moving Development Standard #25 to #23 and renumbering. The motion was seconded by Commissioner Webster, and Commissioner Hall asked for clarification of the motion in regard to instruction to staff concerning the Road Improvements Agreement and paving of Weld County Road 34. Commissioner Kirkmeyer stated she is willing to listen to an amendment; however, she feels in the long run the road will have to be paved. She is willing to let it be phased in as expansion occurs. Commissioners Harbert and Hall indicated they agree with the concept of phasing in, but both feel paving will eventually have to occur. On a call for the vote, the motion carried unanimously. 971438 PL0709 ATTES Wel BY TAPE #97-18 : -19 DOCKET #97-39 HEARING CERTIFICATION - HORTON CATTLE COMPANY (USR #1152) PAGE 5 This Certification was approved on the 28th day of July, 1997. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO fige . Baxter, Chair i zz.b stance L. Harbert, Pro- em W. H. 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