HomeMy WebLinkAbout20181393.tiffHEARING CERTIFICATION
DOCKET NO. 2018-42
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0076, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (5,000 -HEAD ROBOTIC DAIRY) AND ONE
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT FOR FARM
EMPLOYEE RESIDENCE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DE JAGER
2007 LIVING TRUST, C/O ICON HOLSTEINS, LLC
A public hearing was conducted on May 9, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated March 26, 2018, and duly published March 29,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of De Jager
2007 Living Trust, do Icon Holsteins, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0076, for Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including a livestock confinement operation (5,000 -head robotic dairy) and one (1) Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-family
dwelling unit for farm employee residence) in the A (Agricultural) Zone District. Bob Choate,
Assistant County Attorney, made this a matter of record.
Chair Moreno reviewed, for the public, the procedures to follow should this case result in a
tie vote due to four Commissioners being present and Commissioner Freeman excused.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the existing Use is a Use by Right for a 500 -head dairy; however, the increase in
animal units to 5,000 triggers the need for a USR, as the maximum number of animal units would
be 936. He described the operations to include milking, feeding, housing, raising replacement
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stock, storing and processing feed, storing and maintaining equipment, and farming. He explained
the history of the operation and stated the expansion includes two (2) barns 271,000 square feet
in size, robotic milking machines, a milk load out area, an employee office and restroom facilities,
additional stormwater and wastewater ponds and hay barns, on -site gravel improvements, a
required water storage tank, one additional employee residence, and that the existing open lot
dairy will be used to milk non -conforming cows and the existing milk parlor will be used as a
hospital barn. Mr. Hall stated the hours of operation, number of employees, existing structures,
fencing, and clarified there will be no additional landscaping or signage and that all lighting will be
downcast and shielded. He reported the site to be located on "Prime Soils" and the entire parcel
has this designation as there is productive farmland on over half of the parcel. He stated the
Central Weld County Water District provides water and an on -site storage tank, and a new septic
system will be constructed for the expansion with the existing septic utilized for the parlor and
residence. Mr. Hall reviewed correspondence and concerns relayed by surrounding property
owners and stated 16 referrals were sent out and ten (10) responded with no concerns or with
comments included in the staff recommendation. He reported the site to be within the three (3)
mile referral area of the Town of Kersey, which did not submit a referral response. He described
the site in relation to the relevant County roads, not located in special or overlay districts, proximity
to Kersey CPA boundary, closest subdivision is Big Sky Estates, and stated the area as primary
agricultural and rural residential. He reported the other USRs in the area, reported grading is
already taking place, and the area is different than what was submitted in the application process.
Mr. Hall displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and the drainage and grading requirements. She reviewed
the access locations and stated the applicant will need to work with the Department of Public
Works to ensure the accesses are in compliance. She provided the average daily traffic count
and truck percentages for CR 50 and 55 and she stated the traffic narrative indicated
approximately six (6) semi -truck round trips per day and 15 passenger vehicle round trips per day.
Ms. Balzano requested tracking control and an Improvements Agreement. She stated the
applicant is exempted from drainage requirement #1.A.16 for confined animal feeding operations.
She clarified a Grading Permit has not been released and the site plan today is different than the
site plan that was submitted with the application.
.= Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the application materials indicated 15 full-time employees and there is a current
septic sized for 16 full-time employees. He reported water service is provided by the Central Weld
County Water District. Mr. Frissell clarified that if an additional single-family residence is
constructed, an additional residential septic will need to be installed. He stated that Development
Standards (DS) #13-33 address Environmental Health items and he asserted, based on the prior
hearing, that DS #24-27 may be removed.
VA Tim Naylor, AGPROfessionals, represented the applicant, displayed a PowerPoint
presentation (Exhibit E) and stated this will be significant for the state and the county as it will be
the first robotic dairy. He reviewed the location and clarified the applicant is also requesting an
additional single-family dwelling for the applicant to be able to live on -site. He stated the adjacent
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County roads and that it is an existing Dairy in the Agricultural Zone. Mr. Naylor explained the
changes to the site plan due to the pond design modification. He described the structures to be
constructed as a state-of-the-art self -milking dairy where the cows will walk in and connect to the
equipment and milk themselves several times a day. He stated Mr. DeJager is a young man
looking to initiate new technology, reiterated the number of employees and hours of operation,
and reviewed the operations. He cited consistency with Code requirements and reminded the
Board that this is the only zone district that a dairy can be placed in and that it is compatible with
surrounding land uses. He displayed a map to point out other dairies, feedlots, and calf raising
operations. Mr. Naylor pointed out the operation will comply with Regulation #81 and will protect
groundwater. He stated the Central Wend County Water District has provided a tap on -site. He
reviewed manure management, traffic, and nuisance management. In response to Commissioner
Kirkmeyer, Mr. Naylor pointed out the location for the second dwelling.
Kevin Chestnut, surrounding property owner (SPO), stated there are seep tiles that go
through the applicant's farm to his farm and he expressed concern that if the applicant
over -manures his farm that the runoff will drain onto his property. In response to Chair Moreno,
he pointed out his farm on the map. He explained the runoff crosses three or four other farms and
dumps into his pond that he stocks for recreational fishing and he does not want the fish to die
from the runoff. In response to Chair Moreno, he stated he has spoken to the applicant. In
response to Commissioner Kirkmeyer, he attested the previous owner of the subject property,
was also spreading manure and there were no problems but he is worried about the increase
from 500 head of cattle to 5,000. Commissioner Kirkmeyer stated the applicant has to send in
records to prove compliance with releasing water at the agronomic rate. In response to
Commissioner Cozad, Mr. Chestnut explained the drainage pattern for the area. Mr. Chestnut
stated the applicant had manure separation and now it is not being addressed and there is manure
everywhere and the flies are terrible. He expressed concerns with the applicant not addressing
manure management as they have been grading without the proper permits and his actions do
not match his words.
Beverly Turner, SPO, stated she is in opposition because of the impact it will have on the
community. She explained that in one square mile there are two other dairies. She stated her
experience with the other two dairies regarding flies and odor which are already out of control and
that this is a right to farm area. She asserted three dairies are too many for this area.
Ron McNutt, SPO, stated he is concerned about selling his 25 -acre farm and requested
information from a realtor and they clarified his land doesn't decrease in value but his home value
will decrease. He expressed frustration with grandkids saying they refuse to visit because of the
stench. He agreed with the previous speakers regarding the plague of flies and stated several
neighbors hired someone to aerial spray for flies on their properties and it helped until it rained.
He requested the operation be completed in small expansions to see if the community can adjust
incrementally, as the odor and flies are already terrible. In response to Commissioner Cozad, Mr.
McNutt explained his experience as an electrical engineer consulting for wastewater removal. In
response to Chair Moreno, Mr. McNutt stated he did not know the exact amount for the aerial
spray service.
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• Mr. Naylor stated he appreciates the neighbors expressing their concerns and began by
addressing land application and the governing regulations regarding application at agronomic
rates and he asserted the applicant has control of 200-300 acres of land not included in this
application that can be used for land application as well. He further stated he understands there
are several dairies and feedlots in the area; however, he reminded the Board and the public that
this is the only zone to house such operations and this lends to the compatibility of the proposed
use. He addressed fly concerns and reiterated the application meets all the requirements.
,= In response to Commissioner Kirkmeyer, Mr. Naylor explained, in detail, the procedures to
control flies and manage manure. He further explained the Grading Permit was applied for in April
and they have heard no response and are under the understanding that the early release of
grading permits is no longer allowed. He stated with a dairy it can be a use by right and he
understands they should have waited to start grading work but they have received the permits
from the State and they have a project that needs to move forward. Mr. Naylor again expressed
frustration regarding the lack of communication from the department of Public Works regarding
the grading permit and admitted the applicant continues to grade the property. In further response,
he stated they have met with the neighbors individually to include those present and three (3)
neighbors that are not present, and listened to the concerns. He explained the requirements to
annually submit documentation to the State, have compliance paperwork on -site, and be
inspected by the State bi-annually; and, if the dairy operation is out of compliance with Colorado
Regulation #81, the State can shut the dairy down. Lastly, he explained the operation will be a
phased project and begin with 2,000-2,500 head for phase one, and in two to five years, add cows
as the demand and capacity allows, to a maximum of 5,000 -head.
In response to Commissioner Cozad, Mr. Naylor reviewed the proposed drainage control to
divert clean water and contain contaminated water. He explained the engineer design to grade
for both diversion and containment and the wastewater pond designs associated with the
containment even to accommodate and adequately contain the 24 -hour storm event, defined as
3.71 inches or more of rainfall in a 24 -hour period.
_=e In response to Chair Moreno, Mr. Naylor requested the Board consider deleting
Development Standards (DS) #22-27. After further discussion, the Board agreed these standards
are encompassed by Colorado Regulation #81.
Mr. Naylor stated for the record his disagreement with DS #31 and #32.
• In response to Chair Moreno, Mr. Naylor indicated, on behalf of his client, they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
_. In response to Commissioner Kirkmeyer, Mr. Naylor stated he is not aware of compliance
issues with the other dairies associated with his applicant. He pointed out the other dairies in the
area.
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Commissioner Cozad suggested amending the findings, in C. Section 23-2-230.B.3, to
remove the five (5) sentences after the descriptions of the surrounding USRs, and to amend the
last sentence to remove "...should adequately address these..." to be replaced with,
"...mitigate...". She further stated she supports the application because agriculture is vitally
important to Weld County and it is challenging to have new agricultural proposals be added to
support the agricultural economy. She stated the location is appropriate. Commissioner Cozad
expressed her disappointment in the grading without a permit and encouraged the applicant to
follow the rules and remain in compliance. She stated the findings are adequate.
!, _= Chair Moreno agreed with the statements made by Commissioner Cozad. He emphasized
the expansion of the agricultural economy is important for Weld County.
�. = Commissioner Kirkmeyer requested Mr. DeJager come forward. She expressed her
understanding of Dairy farms and her excitement for the robotic dairy. However, she also
expressed her lack of confidence in his compliance due to the grading without a permit and asked
him to explain how he plans to comply with the Conditions of Approval and Development
Standards and be a good neighbor moving forward? Mr. DeJager stated he was not aware of the
details of the requirement and this is the first time he has graded on his own project and he
admitted his lack of understanding. He further explained his lease on the adjacent acreage which
has a use by right for 1,800 -head so he wrongly assumed he could move forward on this property
under the use by right guidelines. Mr. DeJager stated he intends to live on the property and admits
the questionable beginning with his neighbors but also stated he has been willing to help anyone
who has asked him and he is asking his neighbors to bring their issues to him and he will do his
best to address them. He explained the phasing depends on market conditions and he admitted
he is taking a leap of faith on this project and that it will be at least two (2) years to move beyond
2,500 -head.
_= In response to Chair Moreno, Mr. Naylor indicated, on behalf of his client, they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Cozad moved to approve the request of De Jager 2007 Living Trust, c/o
Icon Holsteins, LLC for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0076, for Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including a
livestock confinement operation (5,000 -head robotic dairy) and one (1) Single -Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A (second single-family dwelling
unit for farm employee residence) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as amended and entered into the record. The motion was seconded
by Commissioner Conway. Commissioner Cozad stated she believes the applicant has shown
compliance with all the requirements and that the findings, Conditions and Development
Standards support the application and ensure adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and County. She reiterated that
agriculture is vitally important to the economy in Weld County, the location is appropriate, and it
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will be interesting to see how it works as it is a state-of-the-art facility. Commissioner Kirkmeyer
stated she will support the application as the Conditions of Approval and Development Standards
will address the concerns and provide a measure of control. She asserted the applicant could
have a dairy as a use by right in the agriculture zone for up to 1,000 head with no control by the
County. She expressed her appreciation for the applicant's willingness to address her concerns
and she has confidence that he will comply with him living on the property. She agreed Weld
County has more dairies than any other county in the state. Commissioner Conway thanked the
members of the public, concurred with fellow Commissioners, and encouraged the neighbors to
give Mr. DeJager a chance. He stated he's excited about the robotic technology and the growth
with Leprino Foods is exciting, and he reiterated the control measures for flies and encouraged
the applicant to act in a neighborly fashion. Chair Moreno concurred with the statements made
by his fellow Commissioners and thanked the public for coming forward. He assured the
neighbors that their comments have been heard and the Board responded by mitigating the
concerns. There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:49 a.m.
This Certification was approved on the 14th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotlet) jd.40;e1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
APPR• D A
ounty ttorney
Date of signature: 7 Dot /8
Me)
Moreno, Chair
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