HomeMy WebLinkAbout20081310.tiff HEARING CERTIFICATION
DOCKET NO. 2008-41
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMEND USE BY SPECIAL REVIEW
PERMIT #686 FOR A LIVESTOCK CONFINEMENT OPERATION (1,940-HEAD DAIRY,
INCLUDING MILKING COWS, DRY COWS, HEIFERS, AND CALVES), AND ONE
SINGLE-FAMILY DWELLING UNIT PER LOT,OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE(TWO SINGLE-FAMILY EMPLOYEE
HOMES), IN THE A (AGRICULTURAL) ZONE DISTRICT - MARTIN AND JOHANNA
BANGMA 1989 TRUST/WESLEY AND KELLY BANGMA
A public hearing was conducted on May 21, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated May 2, 2008, and duly published May 7, 2008, in the
Fort Lupton Press, a public hearing was conducted to consider the request of the Martin and
Johanna Bangma 1989 Trust,and Wesley and Kelly Bangma,for a Site Specific Development Plan
and Amend Use by Special Review Permit #686 for a Livestock Confinement Operation (1,940-
head dairy, including milking cows, dry cows, heifers, and calves), and one single-family dwelling
unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (two
single-family employee homes), in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record. Jacqueline Hatch, Department of Planning Services,
presented a brief summary of the proposal and entered the lack of a recommendation from the
Planning Commission into the record as written. She stated the site is located west of County
Road 5 and north of County Road 32, and consists of 183 acres; however the Use by Special
Review(USR)Permit boundary is approximately 60 acres. She further stated the existing USR for
the dairy was approved on October 25, 1985, for a total of 900 head of cattle, and the amended
USR permit proposes to increase the number of head to 1,940. She indicated seventeen referral
agencies reviewed the proposal;four provided no comment, and ten agencies provided comments
which have been included within the Conditions of Approval and Development Standards. She
briefly explained that the Planning Commission heard the case on March 18, 2008, and there was
no recommendation for approval or denial due to the result of a tie vote; however, the Department
of Planning Services recommended denial of the application. She indicated the recommendation
of denial was originally based, in part, on issues of compatibility with Section 22-5-30 of the Weld
County Code, concerning protection of wildlife. She clarified the Colorado Division of Wildlife
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provided a referral response indicating the area contains natural habitats for raptors and songbirds,
and the general area provides winter range for bald eagles, ducks, and geese, and is within the
overall range for pheasant, mule deer, and white-tailed deer. The referral further indicated the
water quality may be impacted, and that storage ponds should be built and maintained to minimize
the impacts to wildlife.
She further stated the recommendation of denial was also based upon incompatibility with
surrounding land uses, as described in Section 23-2-220.A.3 of the Weld County Code. She
explained the municipal limits for the Town of Mead are approximately one-eighth of a mile south
of the site, and she gave a brief description of the land uses within the surrounding area, indicating
there are eighteen surrounding property owners within 500 feet of the site. She indicated fourteen
letters had been received at the time of the Planning Commission hearing, with an additional letter
submitted after the hearing, of which two were letters of support, and thirteen were letters of
opposition. She summarized the opposition included comments regarding problems at the existing
site, including flies, odor, truck traffic, reduction of property values, and compatibility concerns
regarding expansion of the facility. She indicated the site is located within the Planned Growth
Area for both the Town of Mead and the City of Longmont, and the expansion of the dairy is
inconsistent with the Town of Mead's Growth Plan. She clarified a petition to deny the proposal
was submitted at the Planning Commission hearing, with the signatures of over 100 surrounding
property owners; however, the Clerk to the Board's Office has received over 48 letters of support
since the previous hearing, and six letters of opposition.
Ms. Hatch indicated the recommendation of denial was also based upon incompatibility with
Section 23-2-220.A.4 of the Weld County Code, concerning future compatibility. She read
Section 22-2-110.C.1.c (UGB.Policy 3.1.3) into the record, and stated the property is within the
three-mile referral area for the Town of Mead, the City of Longmont, and Boulder County. She
stated the referral response from the City of Longmont indicated no conflicts, and Boulder County
did not respond to the referral request; however, the Town of Mead indicated the site is designated
as medium to low density residential. The Town of Mead requested the applicant consider
completing the annexation process, and if the application is to be approved by the Board, that the
accesses to the site be reviewed, manure upon the site be handled in an appropriate manner, the
landscaping on the site be increased to assist with screening, and that a lighted sign not be
permitted. She further stated the Town of Mead did submit an e-mail, dated March 13, 2008,which
indicates support for the application, provided that the proposed light on the sign be downcast, an
improved paved apron be completed, landscaping be installed, and the applicant give serious
consideration to completing an Annexation Agreement. She clarified the applicant is proposing to
install a 24-square-foot illuminated sign; however, a 16-square-foot sign is allowed as a Use by
Right in the A (Agricultural) Zone District. She indicated staff supports the larger sign; however,
staff does not support an internally-lit sign, and agrees that the exterior light shall be downcast.
Ms. Hatch displayed photographs of the site, and in response to Chair Pro-Tem Masden, indicated
a wildlife study has not been conducted. She confirmed the letter from the Colorado Division of
Wildlife was vague, and was providing comments for the general area instead of for the specific
property. She further indicated several concerns were brought up within the letter and staff would
like the applicant and the Colorado Division of Wildlife to work in cooperation, and a raptor study
within the area may be warranted.
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Lauren Light, Department of Public Health and Environment, stated water is provided to the site
by the Little Thompson Water District, and four permitted septic systems handle the effluent flow.
She clarified if any of the uses are changed for the septic permits, an evaluation will be required,
and the new milking parlor will require a new septic system. She indicated the dust control
measures are addressed within Development Standards#8 and#9,which will be accomplished by
water trucks or sprinklers. She further indicated odors on the site are addressed within
Development Standards #8 and #12, and the applicant has indicated that standard management
practices will be utilized, including composting, land application, reduction of standing water on the
site, and regular manure removal. Ms. Light stated pest control measures are addressed with
Development Standards #8, #10, and #11, and the applicant's Management Plan outlines seven
practices which will control pests, which she named. She stated Condition of Approval #1.P
indicates the applicant is required to apply for a Confined Animal Feeding Operation (CAFO)
Discharge Permit, through the Colorado Department of Public Health and Environment, and
Conditions of Approval#1.M, #1.N, and#1.O are all regulated by the State. She further stated the
Department did receive one complaint regarding the facility in 1991, when the previous owner
operated the site; however, the issue was resolved, and there have been no other violations nor
complaints filed.
Don Dunker, Department of Public Works, stated County Road 5 is paved and classified as a
collector status road, and it requires 80 feet of right-of-way at full buildout. He indicated the
average daily traffic count is approximately 807 vehicle trips per day, and the applicant will be
required to close the southernmost access located on County Road 5. He clarified the site
currently contains four accesses, and he recommended the applicant designate an area for
turnaround at one of the remaining accesses. He stated the storm drainage on the site will be
regulated through the CAFO Permit, the expanded operations will increase the traffic on County
Road 5 by approximately 78 truck trips per day, and a 40-foot radius will be required at each
access. In response to Commissioner Long, Ms. Light indicated the current USR permit contains
only twelve Development Standards, of which one addresses the requirements of the Colorado
Department of Public Health and Environment; however, the Development Standards of the
amended USR permit contain much more oversight by both County and State officials. Further
responding to Commissioner Long, Ms. Hatch indicated the dairy could operate with 732 head of
cattle as a Use by Right on the 183 acres; however, 900 head of cattle are currently allowed
through the original USR permit.
Tom Haren, AGPROfessionals, LLC, represented the applicant and presented an overview of his
PowerPoint Presentation, marked Exhibit N. He gave a brief history of the facility, and an overview
the operations of the previous facility operated by the Bangma family within Ontario, California. He
indicated the existing ponds on the site will be consolidated, new pens will be built over the areas
of the existing ponds, an updated milking parlor will be built, the existing compost area will be
relocated, additional screening and landscaping will be implemented along the eastern and
southern boundaries of the site, and the applicant will now scrape and compost manure, which
means the manure will no longer be flushed. He stated the new pond will be shallow, at an
operating depth of four feet, to help with odor control, and confirmed the bank of the pond will
provide additional screening of the dairy facility from adjacent properties. He clarified the entrance
to the facility has already been paved, as requested by the Town of Mead, and the facility currently
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utilizes 57 acres of leased land across County Road 5, in addition to rented land for a feedyard
approximately one mile to the northwest. Mr. Haren reviewed dairy uses within the surrounding
area, and indicated the locations of the dairies on the map provided. He clarified the modifications
at the facility will allow the applicant to provide consolidation and modernization, and he reviewed
the specifics of the historic, proposed, and typical densities, indicating the modifications to the
facility will increase the applicant's ability to manage the operation. He reviewed the number of
cattle allowed as a Use by Right within the A (Agricultural) Zone District, and confirmed the
applicant's desire to operate through the requirements of the USR permit. He clarified the USR
permit will provide certainty for the applicant's family, security for the County, and a chance for
surrounding property owners to receive public information and attend public hearings.
Mr. Haren reviewed the appropriate Code references to be considered for approval, the intent of
the A (Agricultural) Zone District, and the provisions for the protection of the health, safety, and
welfare of the community. He further reviewed how the site design will comply with regulations
concerning ground and surface water protection, he reiterated the specifics regarding the design
of the new pond, and he reviewed information regarding the water and sanitation services at the
site, indicating a new septic system will be installed for the milking parlor. He gave a detailed
description of the process for the collection of manure on the site to be utilized for composting and
land applications, including the plans for composting within winter months, he reviewed the design
and management factors for nuisance controls, and confirmed the Comprehensive Nutrient
Management Plan has been developed and submitted with the application materials, which has
been approved by the Department of Public Health and Environment. He further reviewed the
noise standards described in Section 23-3-250 of the Weld County Code,and indicated the lighting
at the site will be downcast and shielded. He gave a brief description of the improvements to be
completed to safely accommodate traffic to and from the site, including closing the southernmost
access on County Road 5, and indicated the expected amount of traffic to visit the site. He
reviewed the application's consistency with the Weld County Comprehensive Plan, indicating that
it is necessary for productive land to border development so that farming operations and the
community are within close proximity, as food is a universal necessity. He indicated the milk from
the facility is processed by the Royal Crest facility within the City of Longmont, utilizing local
transportation and is delivered to the local community. He further indicated the applicant desires
to remain within the agricultural community;however, business practices have been modified within
the past twenty years, and development has been interwoven with many existing animal operations
within the County. Mr. Haren reviewed the research he completed regarding property values of
residences within close proximity to animal operations, including the Hirsch Dairy adjacent to the
Town of Severance,and the Five Rivers Feedlot within the Town of Gilcrest,and indicated property
owners are willing to live among feeding operations within Weld County. He displayed photographs
of housing developments within close proximity of dairies and feeding operations, and indicated
development will occur and prosper when the economics are right, regardless of the location of
animal feeding operations, therefore, it is possible for agriculture and development to co-exist. He
further indicated developers previously had a chance to purchase this land; however, it was not
purchased, therefore, the dairy should not be forced out of business before it's time is up. He
reiterated the Town of Mead supports the application, the application file contains over 50 letters
of support,and three previous objections have been withdrawn. Mr. Haren gave a summary of why
the application should be approved by the Board, and indicated the applicant has reviewed, and
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concurs with, all of the Conditions of Approval and Development Standards; however, he indicated
Condition of Approval #1.T is a duplicate of Condition of Approval #1.O. He stated the Colorado
Division of Wildlife provided a very vague referral, and is generic of the area within the Saint Vrain
River; however, the Division was contacted, and suggestions were made concerning trees and
water on the property, which will be implemented.
In response to Commissioner Long, Mr. Haren gave a brief description of the anaerobic process
for treating manure, and he indicated the best way to treat the manure is through the creation of
a shallow pond, or keeping a deeper pond de-watered. He stated keeping lagoons pumped down,
or near empty, provides good odor control. Further responding to Commissioner Long, Mr. Haren
stated mechanical and chemical methods are also effective; however,those methods require more
costs and management. He stated the applicant has a higher probability of success with the
current design and management methods. In response to Commissioner Rademacher, Mr. Haren
stated the old ponds were tested and found to be adequate; however, he suspects the ponds were
not lined with a specific material when they were previously dug. He further stated a wet well and
pumping station will provide for easier irrigation operations, and approximately 90 to 95 percent of
the manure will be utilized for composting.
Ken Williamson, surrounding property owner, indicated he represents Liberty Properties, LLLP,
which owns 153 acres adjacent to the intersection of County Roads 5 and 32, south of the dairy.
He stated Liberty has completed the annexation process to the Town of Mead, and is zoned to
provide 175 residences on half-acre sites, and water and sewer capabilities have been extended
to the development property. He further stated he believes the expansion of the dairy is
incompatible with the surrounding area, and confirmed the dairy typically produces a rank odor
approximately twice per month. He clarified when he moved to the Town of Mead approximately
twelve years ago, there were approximately 250 residents of the Town; however, there are now
approximately 1,500 residents within the Town. He stated the new residents have made major
investments in their homes, and the applicant should have realized that development expansion
within the Town of Mead was inevitable when the property was purchased in 2004. He indicated
the dairy facility is incompatible with the residential expansion, and will cause a reduction in
property values within the Town of Mead. He further indicated the residents within the immediate
vicinity had the right to expect that the dairy would not expand its operations, and that the dairy
would relocate to less expensive land. In response to Commissioner Rademacher, Mr. Williamson
indicated none of the lots within the Liberty Properties development have sold;however, he expects
to begin selling lots in approximately one year.
Paul Hoffman, surrounding property owner, stated he believes the expanded operations will not be
positively received by area farmers and residents, nor future developers within the surrounding
area. He stated the expansion will increase traffic,due to the additional milk pick-up and deliveries,
create additional issues with dust and dirt, and increase the production of odor and insects from
the dairy, and he expressed his concerns regarding substandard housing for the employees of the
dairy. He further stated the increase in the amount of surface water will create a problem with
standing water at the facility. He indicated he has concerns regarding the subsurface water, since
the land was previously primarily comprised of swampland and cattails. He clarified the area was
fitted with subsurface drain tiles, in order to drain the area and make it useable, and the drain tiles
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are still underneath the surface. He stated the groundwater continues to be drained from the area,
and the expanded operations could cause issues with the drainage and/or pollute the groundwater,
which moves to the south into the Saint Vrain River. He requested that the Board deny the
application for expansion.
Richard Kraemer, surrounding property owner, indicated he lives approximately one mile east of
the dairy, and confirmed that he experiences odors from the dairy on a regular basis. He stated
he has not filed a complaint against the dairy because the dairy was in operation before he moved
to the area; however, he would like to lodge a complaint against the increased use of the property.
He clarified the applicant is currently milking 400 cows on approximately 80 acres; however, the
applicant is proposing to milk 1,400 cows on approximately 68 acres, which is an increase of 22
animals per acre. He indicated approximately 500 cattle are currently located on the property,
however, the overall amount is projected to increase to 1,940, which is a substantial increase of
the intensity of use on the property. He indicated the large amount of cattle on the confined
property should be considered as a manufacturing operation, similar to Aurora Dairy. He indicated
he attended the Planning Commission hearing, at which time many of the neighbors complained
about the odors,water runoff problems, and flies generated at the facility. He clarified the Planning
Commission conducted a thorough analysis of the issues regarding compatibility, since the
surrounding area is planned for residential uses. He stated the Town of Mead and the City of
Longmont have proposed to enter into an Intergovernmental Agreement in order to recognize each
municipality's urban growth area boundaries, and the dairy property will be located within the
boundaries for the Town of Mead, therefore, it makes sense that the City of Longmont does not
have any objections concerning the expansion at the property. Mr. Kraemer expressed his
concerns regarding increased traffic due the expanded operations, which is expected to be an
increase of 87 trips per day; however, he believes the number may not be correct, based upon the
increased number of employee trips,and truck trips for deliveries. He indicated the representatives
from Aurora Dairy indicated the milking operations for approximately 2,000 cows would require 120
plant employees, therefore, he believes the traffic figures may not be correct. He stated if the milk
trucks are traveling through the Town of Mead, the trucks will present a hazard to children
attending the elementary and middle school, or, if the traffic travels south, it is dangerous to cross
State Highway 66. He clarified the intersection of State Highway 66 and County Road 5 does not
contain a traffic light, therefore, the trucks present a hazard to the traveling public, and the location
of the expansion will create a burden for the Town of Mead. Mr. Kraemer clarified the County has
requested that County Road 5 be classified as a collector status road, and the road will be
substantially increased at some point in the future and maintained by the Town of Mead. He
expressed his concerns regarding the practice of spraying urine into the air to spread on
surrounding grassland, which will create unpleasant odors. He requested the Board require that
the applicant adhere to strict standards regarding odor, pest, and weed control. He clarified the
applicant has not applied for annexation to the Town of Mead, and if the Board intends to approve
the application for expansion, serious consideration should be given to the concerns presented by
the Town of Mead. He requested the Board deny the application, thereby respecting the opinion
of the Planning Commission, which indicated the area will become urban in nature, therefore, the
proposed expansion is not compatible.
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In response to Commissioner Jerke, Mr. Dunker indicated County Road 7 is currently classified as
a strategic road, and County Road 5 is classified as a collector status road; however, if County
Road 5 is indeed designated as a strategic road, it will require 140 feet of right-of-way at full
buildout. Commissioner Jerke indicated an agreement was completed with the Town of Mead and
the City of Longmont to designate County Road 5 as a strategic roadway. Further responding to
Commissioner Jerke, Mr. Dunker indicated any intersection improvements required at State
Highway 66 will be under the jurisdiction of the Colorado Department of Transportation (CDOT);
however, the Department did suggest that the applicant complete a traffic study. In response to
Commissioner Jerke, Ms. Hatch indicated a referral was not sent to CDOT since staff was under
the assumption that traffic from the site would utilize County Road 32, and not travel south to State
Highway 66. Commissioner Rademacher stated the applicant needs to address which roads will
be utilized for the haul route.
Andy Johnson, surrounding property owner, stated his property is located southwest of the dairy,
and he indicated he is not a farmer; however, after living in the area for 38 years, he has gained
tremendous respect for farmers and dairymen. He stated he strictly opposes the location of the
operation, and he indicated he attended the hearing for the original USR permit twenty years ago.
He indicated, at the hearing twenty years ago, that the location of the dairy was inappropriate, and
that the expansion allowed through the USR permit was also inappropriate. He clarified the logic
used within the original hearing indicated that if the permit were to be approved, the County would
be allowed more oversight of the dairy than as a Use by Right. He stated an extensive list of
concerns has been presented within the past twenty years,therefore,the County has obviously not
obtained control. He indicated the logic was presented at the Planning Commission hearing that
denying the amendment to the permit would penalize the applicant's ability to upgrade and manage
the operation efficiently. He further indicated approving the amendment to the permit will not allow
a simple upgrade, rather,the operation will double in size,and it is inappropriate to allow expansion
of the dairy. In response to Chair Pro-Tem Masden, Mr. Johnson indicated the dairy has been
located at the current site since approximately 1983.
Don Abdow, surrounding property owner,expressed his concerns regarding increased traffic at the
site, and indicated large trucks cannot make the turn at County Road 5 and State Highway 66. He
indicated he is unsure how the odor is measured at the site; however, he confirmed it is hard for
him to keep his breakfast down somedays. He indicated the expansion will not mitigate the odor
problems at the site, and he is not sure how the applicant will do land applications in the middle of
wintertime. He stated hay trucks make deliveries late at night,and on several occasions,the trucks
have pulled into his driveway and he has had to get out of bed and direct the trucks to the
appropriate property. He indicated he understands that the facility has new owners; however,
doubling the size of the operation will continue to create adverse impacts. He further indicated he
does not have any personal issues against farming; however, he believes the dairy will continue
to be a nuisance for the surrounding area.
Michael Katsampes indicated he is the herd veterinarian for the Bangma family, as well as for the
previous owners of the dairy. He stated the dairy contains a high quality herd of dairy cows, and
the occasional tests completed on the cattle have remarkable results. He further stated the facility
is always operated within normal parameters for incidents of mastitis, and the cattle are kept clean
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and dry. He stated the Bangma family has improved upon the results, they only have half the
incidents of mastitis as the previous owners, and the herd manager is appropriately cleaning and
bedding the cattle. He explained the previous owner of the dairy built the facility with the best
engineering practices available at that time, and it was considered a state-of-the-art facility. He
stated the Bangma family is excited to provide the necessary improvements at the facility, and the
expansion will promote herd health, since it will be easier to keep the cattle cleaner and safer. He
confirmed the staff at the dairy is very compliant with all health regulation protocols, including
vaccinations,treatment, milking procedures,and cow movement. He indicated the milk production
has been increased by approximately ten percent, and the applicants run a stable operation with
well-experienced staff, therefore, the expansion will be completed properly. In response to
Commissioner Garcia, Mr. Katsampes stated he does not have expertise in manure management;
however, he has previously owned dairies, and he serves ten clients, all of which have
approximately 1,000 cattle on site. He indicated he prefers the shallow lagoon operation, and
explained the cause of the odor on the site is primarily due to the process of flushing the manure,
which he gave a brief description of. He clarified two of the dairies he currently serves utilize a
shallow lagoon operation, which produce very little odor, and he believes the implementation of a
shallow lagoon at the Bangma facility will reduce the amount of odors experienced at the site.
Further responding to Commissioner Garcia, Mr. Katsampes stated the facility was considered a
very nice facility when it was first built; however, upgrades are necessary.
John Borges, Town of Windsor resident, expressed his support for the expansion project. He
stated he is involved in the dairy industry, and confirmed he was involved in the lagoon design for
the facility operated by the Bangma family in Ontario, California. He indicated the Bangma family
has always responded immediately to implement the necessary changes as new regulations were
approved within the State of California. He reiterated his support for the expansion of the facility,
and stated the modernization of the facility and the lagoon design will be beneficial.
Joaquin Gallegos, Town of Eaton resident, expressed his support for the expansion project. He
stated the applicants are making significant improvements at the dairy, including in herd health and
overall appearance of the dairy. He confirmed the dairy provides milk for the Royal Crest company,
and a majority of the high-quality milk is consumed within Northern Colorado. He stated the
applicants have the upmost care and compassion for their cattle and the surrounding area,and the
modernization of the lagoons will be beneficial to alleviate odor concerns expressed by the
neighbors, and will also improve the area for sustainable agriculture. He requested the Board
approve the application, and indicated the neighbors have not had environmental concerns since
the Bangma family has taken over operations of the dairy,which is a credibility to the management
of the dairy.
Kevin Schultz indicated he has a vested interest in Liberty Properties, LLLP, and stated he grew
up on a farm, therefore, he is familiar with the common odors of farm animals. He clarified the
dairy puts out a large amount of odor, which is irritating for the residents within the surrounding
area. He stated he sent out a petition in support of denial of the improvements associated with this
application, and confirmed he received approximately 100 signatures from area residents. He
clarified the petitions were only sent to those residing within one-mile of the dairy,and he estimated
that approximately 2,000 signatures could have been received if the petitions had been sent to a
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broader area. He stated the discussion today is not regarding the property rights of singular
owners; rather,a majority of the surrounding property owners are unhappy with the odors produced
by the dairy.
David Vanderwal indicated he is the equipment dealer for the Bangma family, and confirmed that
he lives adjacent to the M and J Dairy in Loveland. He indicated the proposed new system for
manure will be a better approach to deal with the odors at the facility, and it is the applicant's choice
to implement a new system. He stated he deals with hundreds of dairies within the State of
Colorado,and he finds it interesting that many of the residents which move into a new development
do not realize they are moving in next to a dairy. He clarified the dairy has been in operation before
most of the neighbors moved in, and he believes the Bangma family will continue to do the best
job possible to keep the site clean. He confirmed the equipment at the site is aging, and the cost
of upkeep for the equipment is steadily increasing. He stated the improvements to the dairy will
make it easier to manage and clean the facilities. In response to Commissioner Rademacher,
Mr. Vanderwal indicated his residence is located within unincorporated Weld County; however, he
has a Loveland address.
Mark Drouhard, LANDPROfessionals, LLC, stated he represented the Bangma family during the
purchase of the dairy facility and the adjacent farmland. He stated the family indicated they did not
desire to purchase a dump; however, the facility was in poor shape when it was purchased. He
clarified ten semi-truck loads of junk were removed from the property right during the closing
process. He stated the Bangma family has a lot of pride, and the highest and best use for this
property is a dairy in agricultural production; not residential development. He further stated, as a
licensed real estate broker, he has handled numerous property transactions with residential
developers, and he confirmed that many of these developments are simply growing weeds, and
it will be many years until homes are built. He stated the Bangma family paid a premium price for
the additional farmland they purchased, and confirmed the property was on the market for a long
period of time. He indicated the property values within the area have actually been increased, and
the milk is provided to Royal Crest, which is a first-class bottling facility. He stated he knows the
Bangma family will continue to run a clean facility, which will be a bonus to the surrounding
community.
Susan Macintosh, surrounding property owner, stated she has lived within the Mulligan Lakes
Subdivision for over nine years, and she confirmed she was aware of the numerous dairies within
the general vicinity of her property when she moved into her residence. She indicated she
purchased her property because of her desire to live within a rural area,and she understands there
are smells associated with dairies; however, the smells from the various dairies are
indistinguishable. She confirmed the smell has decreased within the past year, and recent
rainstorms and warm weather have not generally made the smell worse this year. She stated the
travels along County Road 5 on a frequent basis, and she has seen how the dairy facility has been
cleaned up within the past year, including the removal of junked cars and installation of fencing and
landscaping. She confirmed the cows are kept in clean areas,which is a much improved situation.
She stated the modernization of the facility will provide tremendous improvements, and she
understands the dairy will not go away,therefore, the improvements are necessary. Ms. Macintosh
indicated she believes there will be more traffic concerns with the implementation of a residential
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KELLY BANGMA (AMUSR#686)
PAGE 10
subdivision than the improvements at the dairy facility. She clarified the Town of Mead has
indicated support of the project, and it is within the best interests of the community for the facility
to be modernized and brought up to current standards.
Mr. Abdow clarified he is not opposed to the location of the dairy facility itself; however, he is
opposed to the expansion of the herd size at the facility. He indicated if the applicant is able to
control and odor and flies at the facility, he will not have concerns. There being no further
testimony, the Chair Pro-Tem closed the public input portion of hearing.
Mr. Haren stated the designation of County Road 5 as an arterial road, requiring 140 feet of
right-of-way, will not affect the facility, since all of the proposed improvements will be relocated to
the west. He clarified there is approximately 200 yards of existing pens which would be located
within the right-of-way; however, if the road becomes an arterial road, the required right-of-way
would have to be purchased. He further clarified no improvements will be located within the
right-of-way,other than the required fencing and landscaping,and the proposed sign. He indicated
his business office is located on State Highway 66,and he understands there are a lot of hay trucks
which travel the road. He clarified the trucks from Royal Crest utilize County Road 1, from State
Highway 119, and the trucks can access the dairy site without having to utilize State Highway 66.
He indicated the applicant was not aware that trucks were pulling into the driveways of neighbors;
however, he is not sure how a truck could even pull into the driveway of the neighbor who provided
testimony. He stated the applicant has spent over $50,000.00 to upgrade the existing housing at
the site,and indicated the applicant is proposing to replace one of the existing residences, including
the required upgrades to the septic system; however, the housing on the site is not substandard,
nor illegal.
Mr. Haren stated the Aurora Organic Dairy is classified as a milk processing plant, therefore, the
number of required employees do not equally compare to this facility's uses. He clarified the City
of Longmont did respond to the referral response, indicating no conflicts, and he does not believe
the facility will create a further burden on the roads maintained by the Town of Mead. He read a
portion of the minutes from the Town of Mead meeting held on January 28, 2008, indicating support
of the application with conditions that the applicant has already been working to address. He stated
the applicant offered a pre-annexation agreement to the Town of Mead, indicating the desire to
annex to the Town of Mead when the dairy operations are no longer necessary at the site. He
further stated the necessity of the dairy will be based upon infrastructure and economics, and
reiterated the property purchased by the applicant actually increased the value of properties within
the surrounding area. He confirmed the applicant has made a major investment to complete the
proposed improvements, which will result in a benefit to the community, and he reiterated the
applicant has volunteered to be held to a stricter set of standards than what is currently required,
which provides community members with a sense of certainty of what to expect.
In response to Commissioner Garcia, Mr. Haren indicated the employee housing at the site is
considered to be an accessory use, and confirmed the proposed plans for the housing have been
included with the application materials. He confirmed there are Conditions of Approval regarding
the septic systems,which will have to be re-permitted or new systems installed, all of the buildings
on the site are subject to building codes and standards, and he confirmed inspections will take
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HEARING CERTIFICATION - MARTIN AND JOHANNA BANGMA 1989 TRUST/WESLEY AND
KELLY BANGMA (AMUSR #686)
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place. Further responding to Commissioner Garcia, Mr. Haren confirmed the applicant previously
removed a large amount of iron and other junk from the property; however, the applicant has also
invested in upgrades and repairs for the existing housing at the site, which comprises of two
employee housing units and the primary residence. He further stated the dairy will employ
approximately eighteen to twenty employees, and due to the nature of the operations being
24 hours per day, it is advantageous to house several key employees on the site. In response to
Commissioner Rademacher, Mr. Haren indicated the dairy currently has twelve employees,working
three shifts, and confirmed it is typical practice to have one employee per one hundred cattle;
however, smaller facilities tend to utilize more employees due to decreased efficiencies.
Responding to Commissioner Jerke, Mr. Haren indicated the applicant agreed to not complete land
applications during holidays or times of high wind to alleviate the concerns of surrounding property
owners. He explained land application is dependent upon wind movement and land and air
temperatures, and the applicant will be sensitive to the needs of surrounding property owners and
avoid application during times of special events. Commissioner Jerke indicated that a high wind
would dissipate the smell faster than a gentle breeze would. Mr. Haren clarified the application is
completed through a sprinkler system, therefore, the application material will drift during periods
of high wind.
Mr. Dunker confirmed a left-hand turn lane exists from State Highway 66 onto County Road 5,
which is substantial and adequate to accommodate truck traffic. In response to Commissioner
Jerke, the Board concurred with modifying the language within Condition of Approval #1.U.5 to
indicate that County Road 5 is classified as an arterial road,which requires 140 feet of right-of-way
at full buildout. Mr. Haren requested the deletion of Condition of Approval #1.T, since it is similar
to nature to Condition of Approval #1.O, which provides more specific language. The Board
concurred with the deletion of Condition of Approval #1.T, with the necessary re-lettering. In
response to Chair Pro-Tem Masden, Mr. Haren indicated he,and the applicant, have reviewed,and
concur with, the Conditions of Approval and Development Standards, as modified.
Commissioner Jerke stated if the dairy had not been in existence for over twenty years, this would
be a different situation; however, the dairy is already in operation through the current USR permit,
and the applicant could still operate the dairy as a Use by Right. He indicated the operation is
currently operating with limited standards, and the amendment today will require the applicant to
comply with many more standards. He stated testimony has been provided today that the applicant
is a class-act operator which desires to provide serious investment to complete improvements at
the site. He further stated the applicant should be rewarded for the investment by being allowed
to have a larger quantity of cattle at the site, in order to be able to recoup some of the investment
costs. He stated he understands the surrounding area is relatively high-growth in nature; however,
there are always ebbs and flows with residential growth and development, and it is evident that
western Weld County will not become entirely residential within the next decade since growth has
slowed dramatically. He indicated Weld County is still considered to be agricultural in nature, and
he believes the applicants do a great job of running the facility, therefore, he supports approval of
the application.
Commissioner Rademacher indicated he has lived in the surrounding area for over fifty years, and
he is very familiar with the location of the dairy. He confirmed the previous operator may not have
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HEARING CERTIFICATION - MARTIN AND JOHANNA BANGMA 1989 TRUST/WESLEY AND
KELLY BANGMA(AMUSR#686)
PAGE 12
been as diligent as possible, and the dairy industry has been undergoing major changes
concerning regulations. He stated the applicant will have no incentive to provide upgrades to the
facility if the application is not approved, and it is very telling that the Town of Mead has provided
support for this application. He indicated dairies are compatible with residential subdivisions,
including the Adams Dairy which is directly across the street from the Elms at Meadowvale
Subdivision in southwest Weld County. He further indicated the Grandview Estates Subdivision
is within close proximity to the Aurora Organic Dairy, which has also received no complaints. He
stated he does not believe the dairy decreases surrounding land values, especially since the
surrounding subdivisions previously mentioned have completely sold out of all of the residential
lots. He indicated the applicant has presented a good proposal, and expressed his appreciation
for the removal of the compost piles from County Road 5, and for the design of the shallow lagoon
pond, which will reduce odors on the site. He indicated he believes the dairy was originally
established at the site in the late 1970's, and this amendment is necessary for the progression of
the dairy industry, which is heavily regulated, therefore, it is a benefit to surrounding property
owners, not a detriment. He expressed his support for approval of the application.
Commissioner Garcia indicated many of the Development Standards have requirements regarding
nuisance control at the site,and if a specific nuisance condition becomes a harm to the community,
the Board may become involved in rectifying the situation. He further indicated he is impressed
with the presented application materials, and he believes the improvements will benefit the
community. He indicated he was informed at a previous Board hearing that his property is in close
proximity to the Wiedeman Dairy, within the City of Evans, and he was not even aware he lived in
close proximity; therefore, good management of a dairy helps to provide good interface between
rural and urbanized communities. He stated the modernization of this facility will provide good
interface, therefore, he supports approval.
Commissioner Long stated he concurs with the previous statements of Board members, and
indicated part of the public issues presented have been in regards to enforcement of the
regulations, which includes a perception of a lack of enforcement for dairy facilities. He clarified
the Board is strict on enforcement, and tries to remedy situations based upon complaints from
surrounding property owners. He gave a brief explanation of a previous incident with polluted
runoff at a dairy north of Gill,which was immediately remedied, and other issues at several dairies
regarding flies, composting, and odor concerns. He clarified there is not a reluctance of the Board
to provide remedy of a nuisance situation, since the Board understands the importance of working
in harmony for agricultural and urban uses within the County. He expressed his support for
approval of the application.
Chair Pro-Tem Masden concurred with the previous statements presented by the Board, and
indicated he believes the new management practices will improve operations at the dairy, including
a positive change in the management of the manure on the site. He stated testimony has been
provided regarding the applicant's abilities of operating the facility, and how the upgrades will
contribute to the community. He further stated economics will dictate how long it is feasible for the
dairy to continue operations at the site, and will present the highest and best use for the property
in the future. He expressed his support for the application.
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HEARING CERTIFICATION - MARTIN AND JOHANNA BANGMA 1989 TRUST/WESLEY AND
KELLY BANGMA (AMUSR#686)
PAGE 13
Commissioner Jerke indicated the Colorado Division of Wildlife provided very specious arguments
within its referral, and indicated the referral contains no credibility since it did not contain specific
recommendations for the specific property. He further stated when it is necessary for an applicant
to address the needs of a serious wildlife habitat, it will be hard to be mindful of the proper protocol
with a generalized referral. Commissioner Long indicated the referral was too generalized, and he
requested that future referrals provide comments that are directed to the specific area, and what
specific mitigation measures are necessary.
Commissioner Rademacher moved to approve the request of the Martin and Johanna Bangma
1989 Trust, and Wesley and Kelly Bangma,for a Site Specific Development Plan and Amend Use
by Special Review Permit#686 for a Livestock Confinement Operation(1,940-head dairy,including
milking cows, dry cows, heifers, and calves), and one single-family dwelling unit per lot, other than
those permitted under Section 23-3-20.A of the Weld County Code (two single-family employee
homes), in the A (Agricultural) Zone District, based upon the finding that the application is in
compliance with Sections 23-2-230.8.1 through 23-2-230.6. 7, of the Weld County Code, with the
Conditions of Approval and Development Standards as entered into the record. His motion
included the modification of Condition of Approval #1.U.5, indicating that County Road 5 is an
arterial road, requiring 140 feet of right-of-way at full buildout, and the deletion of Condition of
Approval#1.T,with the necessary re-lettering. The motion was seconded by Commissioner Jerke,
and it carried unanimously. There being no further discussion, the hearing was completed at
4:50 p.m.
This Certification was approved on the 28th day of May, 2008.
APPROVED:
-♦ BOARD OF COUNTY COMMISSIONERS
fE LLa\ELD COUNTY, COLORADO
ATTEST: ^ " '/ , i�.6 . T -4-A-,..,
- :m H. Jerke, Chair
Weld County Clerk to the Bo $ Y �'r e ►� J A n
I Ilk
VuUi -,
BY. Au'U CI I/Of( ' i l obert D. Masden, Pro-Tem
/
De y Clerk to the Board
William F. Garcia
EXCUSED DATE OF APPROVAL
David E. Long
EXCUSED DATE OF APPROVAL
Douglas Rademacher
2008-1310
PL0016
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#686 - Martin and Johanna Bangma 1989 Trust/Wesley and Kelly Bangma
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/18/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Petitions of Opposition
F. Gary Clauson E-mail of Opposition, dated 03/19/2008
G. E. Sam Fishman E-mail of Support, dated 04/17/2008
H. Applicant E-mail re: waiver of 45-day scheduling
deadline and request for hearing date
Sam Fishman E-mail of Support, dated 05/14/08
J. Tom Haren 45 letters of Support from various
community members
K. Tom Haren Release of Easement Grant and letter from
Kevin Vendegna, dated 05/16/08)
L. Weld Development Company Letter of Support (not dated)
M. Planning Staff Certificate and photo of sign posting
N. Applicant Copy of PowerPoint Presentation
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