HomeMy WebLinkAbout20082520.tiff HEARING CERTIFICATION
DOCKET NO. 2008-60
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1661
FOR A LIVESTOCK CONFINEMENT OPERATION (FEEDLOT FOR 15,000 HEAD OF
BUFFALO OR 24,000 HEAD OF CATTLE)IN THE A(AGRICULTURAL)ZONE DISTRICT-
HASBROUCK HOLDINGS, LLC
A public hearing was conducted on September 17, 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, Chris Gathman
Health Department representative, Troy Swain
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated August 8, 2008, and duly published August 15,
2008, in the Greeley Tribune,a public hearing was conducted to consider the request of Hasbrouck
Holdings, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1661 for
a Livstock Confinement Operation (feedlot for 15,000 head of buffalo or 24,000 head of cattle) in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a memorandum, marked Exhibit F,
and indicated the applicant was instructed by the Planning Commissioners to work with staff before
the Board hearing, to come up with new language regarding the overall allowed number of animal
units for a combination of cattle and buffalo at the facility. He clarified notice of the matter was
provided for up to 15,000 head of buffalo, or 24,000 head of cattle; however, the proposed
language requests a combination of the two types, not to exceed 15,000 total animal units.
Responding to Chair Jerke, Mr. Gathman clarified the proposed language indicates the applicant
will still be allowed to have 24,000 head of cattle if there are no buffalo on the site; however, any
combination of the two animal types will be limited to 15,000 head, since buffalo require additional
spacing. Mr. Barker clarified the published notice indicates the site will contain 15,000 head of
buffalo, or 24,000 head of cattle, and the notice did not contain language regarding a combination
of the animal units, therefore, he does not believe the potential of combining the two types may be
inferred from the published notice. He indicated proper notice was not provided concerning a
combination of the animal units, which creates a conflict for the requested language.
Mr. Gathman presented a brief summary of the proposal and gave a brief description of the uses
of surrounding properties, including a Confined Animal Feeding Operation (CAFO), several dairy
facilities, and eight single family residences. He stated the Department of Planning Services is
requiring the wastewater pond and sediment basin to be screened by berms and located a
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minimum of 50 feet from the road right-of-way, in order to provide additional buffering for the
nearest residents, and he indicated the placement of the pond on the map provided. He further
stated the on-site manure storage will be located in the center of the site, in order to mitigate odor
and dust impacts, and the applicant is required to submit a Landscape and Screening Plan, which
shall demonstrate how the impacts will be mitigated. He indicated twelve referral agencies
reviewed the application materials, nine agencies provided comments which have been addressed
through the Conditions of Approval and Development Standards, and no referral responses were
received from the Colorado Division of Wildlife,the Nunn Fire Protection District, or the North Weld
County Water District. He clarified the site is not located within the three-mile referral area for any
municipality, nor within any Urban Growth Boundary area. He indicated several E-mails and letters
have been received from surrounding property owners, and he reviewed the concerns listed,
including increased traffic, odor, pest control, erosion of soils causing dust, limited site distances
for vehicles, possibility of contamination of Owl Creek and neighboring wells, decreased property
values, animal disease, health impacts on surrounding property owners with asthma, an inability
to handle the large volume of bison, including animals breaking out of the facility, and potential
adverse effects for other bison producers. He indicated an additional letter of concern was recently
submitted regarding the permitting of on-site wells for dust control uses, and the lack of an
approved area for manure or compost storage.
Mr. Gathman confirmed, following the Planning Commission hearing, he conversed with a
surrounding property owner who reiterated concerns regarding impacts from the proposed facility
becoming detrimental to the chronic asthmatic condition of his wife. He further stated the
surrounding property owner also expressed concerns regarding the sheep located on his property,
and potential liability issues resulting from the sheep transferring disease to the buffalo. He
indicated staff suggested the applicant conduct a community meeting with the surrounding property
owners; however, the applicant opted to meet with the surrounding property owners individually,
and summaries of the meetings have been provided by the applicant. He stated the Conditions of
Approval and Development Standards have been drafted to address and mitigate concerns,
including requirements such as additional setback distance from County Road 90, a Landscape
and Screening Plan, sufficient manure storage within the center of the site,and demonstration that
Owl Creek and adjacent residences are protected from off-site discharges. He clarified the
referrals provided by the United States Department of Agriculture(USDA)Veterinary Service and
the Colorado State University(CSU)Extension Office both indicated no concerns regarding animal
health and potential disease. He further clarified the Department of Public Works has conducted
an updated traffic study, and is requiring a westbound acceleration lane on County Road 90. He
stated Condition of Approval #1.L requires the applicant to address the requirements of the
Colorado Division of Water Resources, which refers to the use of the existing wells for on-site dust
control. He clarified the Planning Commission recommended unanimous approval at the hearing
on September 2, 2008, and he displayed photographs of the site and surrounding areas. In
response to Commissioner Rademacher, Mr. Gathman indicated the farmland owned by the City
of Thornton is not immediately adjacent to the proposed facility. Responding to Commissioner
Long, Mr. Gathman confirmed the property is not currently in violation; however, a separate
property, proposed to be utilized as a composting facility, which is owned by the same property
owner, has recently been heard by the Board of County Commissioners through the violation
process. Further responding to Commissioner Long, Mr. Gathman indicated composting activities
are not proposed within the application materials, and the applicant must be able to prove that the
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site contains adequate manure storage, since the separate composting facility has not yet been
approved. He confirmed the Board will review the application for the composting facility within the
near future.
Troy Swain, Department of Public Health and Environment, stated he has reviewed the application
materials, and he recommends approval. He stated the Conditions of Approval and Development
Standards will protect the groundwater and surface water, and will address the nuisance concerns
presented by the surrounding property owners.
Don Dunker, Department of Public Works,stated County Road 90 is a paved,collector-status road,
and is a main truck route between U.S. Highway 85 and State Highway 14. He reviewed the traffic
counts completed in April, 2007, and indicated updated traffic counts were taken on August 27,
2008, indicating approximately 251 vehicle trips per day, with a majority of the traffic traveling
69 miles per hour, and thirty-five percent of the overall count being truck traffic. He confirmed
adequate site distance exists in both directions on County Road 90, with the site distance to the
west measuring 2,277 feet, and the site distance to the east measuring greater than 2,000 feet.
He indicated County Road 90 will be utilized by British Petroleum (BP)as a truck haul route for the
next phase of wind turbines to be installed within the northeast portion of the County. He stated the
Department is requiring that a westbound acceleration lane be constructed, in the minimum length
of 400 feet, to increase safety for the public, due to the average speed of traffic within the area and
the addition of slow-moving trucks exiting from the facility. He clarified the Colorado Department
of Transportation (CDOT) Access Code requires a lane of 960 feet, plus a taper; however, the
Department believes a 400-foot lane will be adequate due to the generous site distance.
Mr. Dunker indicated 60 additional vehicle trips per day will be generated by the facility, including
32 trips with livestock or commodity trucks; however, the numbers do not include the number of
truck trips for manure to be hauled from the site. He indicated the access will be designed to align
with County Road 90 at a 90-degree angle, containing a minimum turning radius of 40 feet, and
a Stop sign will be installed for traffic exiting the site. He further indicated if a spillway is designed
for the on-site CAFO pond, the Department requests the spillway be directed towards the animal
pens and away from the County Road. He stated the on-site drainage will comply with CAFO
requirements, and the off-site drainage will be routed through the site and must address the
impacts to adjacent property owners and roadways. He further stated an accident report for
County Road 90 indicates there have been six total accidents within the past four years, two of
which were caused by excessive speed, and the other four accidents did not have a cause noted.
In response to Commissioner Masden, Mr. Swain confirmed the manure plan is sufficient except
for one outstanding issue regarding the designated manure storage area at the facility, which has
yet to be identified. He clarified the applicant is planning to remove the manure from the site for
land application purposes; however, a manure storage area must be designated at the facility. He
further clarified Condition of Approval#1.G indicates an area must be designated in the event that
the future composting facility is not approved. Commissioner Masden indicated the applicant will
need to designate an area to stockpile the manure during the winter months, and Mr. Swain
confirmed the applicant must designate the area to be utilized before the plat may be recorded.
Further responding to Commissioner Masden, Mr. Swain indicated Development Standards #6
through #23 address the concerns of the Department, and the Department has specifically
requested a Management Plan for Nuisance Control, which has been reviewed and approved by
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staff. He clarified the applicant will utilize a sprinkler system to help control dust within the pens
since buffalo tend to be drier than cattle. Responding to Commissioner Garcia, Mr. Dunker
reiterated County Road 90 is a collector road,which requires 80 feet of right-of-way at full buildout,
and he confirmed the road currently contains 60 feet of right-of-way, therefore, the applicant must
reserve an additional 20 feet of right-of-way. In response to Chair Jerke, Mr. Dunker stated the
acceleration lane will be utilized for trucks exiting the facility, in order to gain speed and safely
merge with traffic. He further indicated due to the low volume of traffic on County Road 90, the
Department has determined that an acceleration lane will be more beneficial than a turn-lane for
traffic entering the facility. He stated he assumed most of the traffic coming to the facility will be
eastbound, and he confirmed the butchering facility is located within the Town of Pierce.
Responding to Commissioner Long, Mr. Gathman confirmed no referral comments were received
from the Town of Pierce. In response to Chair Jerke, Mr. Dunker confirmed the continual drainage
on the site flows to the southeast, and he clarified if a spillway is designed, the Department
requests that the banks be increased along County Roads 90 and 45 so that the spillway drains
back towards the pens. Further responding to Chair Jerke, Mr. Dunker confirmed the
improvements are similar to a secondary pond system within the facility, and he believes the
applicant may be able to contain a large amount of the runoff within the pen area if the spillway is
designed correctly. Chair Jerke indicated he would like to hear comment about this specific issue
from the applicant.
Cody Holllingsworth, AGPROfessionals, LLC, represented the applicant and stated the Use by
Special Review(USR)Permit boundarywill encompass154 acres;however,the applicant owns 204
contiguous acres. He stated the feedlot operation is considered to be small based upon today's
standards, and bison will be given double the square footage required for cattle. He referred to a
PowerPoint presentation, marked Exhibit T,displaying the layout of the site, including the pens and
ponds, and a map indicating the other feedlot uses within the surrounding area. He reviewed the
obligations listed within the presentation, which are taken from the Weld County Code, and he
indicated the application materials do meet the intent of the presented Code references. He
explained the site will be engineered and graded to prevent collecting water from adjacent
properties,and all precipitation which comes into contact with the facility will be retained within lined
ponds, which are certified by the State to ensure there is no seepage. He clarified the site is
designed to drain to the stormwater collection pond at the southeast corner of the site, after solids
are separated, and he reviewed the capacities of the ponds on the site, for a total capacity of
52.22-acre-feet of water storage,which equates to 149 percent of the required total. He explained
the design was oversized so that the site may contain as much water as possible to prevent
spillage and discharge, even in the event of an emergency situation. Mr. Hollingsworth indicated
all land application must be applied at agronomic rates, which are determined by soil, crop,
manure, and water sampling, and all records of land application are kept on the site and are
available for review by inspectors at all times. He reiterated the Nutrient Management Plan has
been approved by the Department of Public Health and Environment, and drinking water for the
animals will be provided through water taps from the North Weld County Water District. He
indicated the site contains irrigation water, through shares from the Water Supply and Storage
Company and three augmented irrigation wells from the Lone Tree Irrigation Company. He
clarified the well classification will be changed to"Mixed Use" in order to be utilized by the sprinkler
system to provide dust control on the site, and the site will contain water storage as well, in order
to provide water during times when the wells may not be operating during irrigation season. He
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explained, in order to help control odors within the ponds,the ponds will be constructed at a shallow
depth of five working feet, and a system has been designed to separate solids before the water is
deposited into the pond.
Mr. Hollingsworth indicated the ponds may be de-watered after a storm event, and if the ponds are
kept nearly empty, they will not cause significant odor. He confirmed the standard operating
procedure will be to clean the ponds regularly, with the liners being tested and certified to ensure
seepage is not occurring. He stated the bison will require additional square footage per pen,
approximately 400 square feet, as opposed to the typical 250 square feet for cattle. He confirmed
the pens will drain properly to prevent standing water and odor, and regular cleaning will remove
excess manure to keep pens dry. He further stated the extra room provided for bison will help to
prevent dust on the site, and the ration fed to bison is different than cattle, and creates a wetter
manure, reducing the amount of dust. He indicated the interal roads within the facility are treated
with water or calcium chloride to prevent dust, and the pen sprinkler system will reach all parts of
the pens to prevent dust during hot, dry weather. He clarified the sprinkler system will not be
allowed to run long enough to create excess runoff or cause the pens to be wet and mucky, and
the regular cleaning of the pens will also help to prevent insect and animal nuisances. He further
clarified the grassy areas will be mowed and sprayed regularly to help prevent nuisance conditions.
Mr. Hollingsworth stated the facility will add approximately ten commodity trucks, ten employee
vehicles, six livestock trucks, and approximately three additional vendor or visitor trips, to the
current ADT on County Road 90,for an overall increase of approximately 23 percent. He reiterated
the most recent ADT counts and average speeds for County Road 90, and clarified that according
to CDOT standards, the traffic volume does not require additional turn lanes for the facility. He
reviewed the required site distances for the various classes of speed, and confirmed the access
contains adequate site distance, as evidenced in the graphics and photos provided within the
presentation. He indicated the map regarding the placement of the manure storage area will be
submitted to staff,which indicates six pens will be designated and utilized for manure storage if the
composting facility does not come to fruition. He submitted two maps indicating the placement of
the pens and the layout of the site, marked Exhibits G and H.
In response to Commissioner Long, Mr. Hollingsworth reiterated the water taps will provide
adequate drinking water, and the sprinkler system will utilize water from a variety of sources,
including the existing wells on the site, of which an application for Mixed Use will be submitted upon
approval of the USR permit. He further reiterated the water storage system on the site will ensure
that water is always available for the sprinklers for off-season watering. Commissioner Masden
indicated he believes turn lanes will be necessary on County Road 90, since the facility will be
regularly hauling manure from the site. Responding to Commissioner Masden, Mr. Hollingsworth
clarified the CDOT regulations indicate that adequate site distance exists at the access for large
trucks traveling up to 70 miles per hour. He further clarified the access will be designed to
accommodate proper turning radii so that the trucks will not occupy both lanes while turning into,
or away from,the facility. Mr. Dunker confirmed he will research the CDOT regulations if the Board
determines that a turn lane is necessary for the facility. Mr. Hollingsworth indicated if an additional
lane were to be required, obtaining additional right-of-way within a separate parcel will be required,
and irrigation water will have to be rerouted. Chair Jerke clarified the testimony provided indicates
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there is at least 2,000 feet of site distance at the access to the site,which is approximately one-half
mile of site distance, which he believes is more than adequate to accommodate the truck traffic.
Responding to Commissioner Rademacher, Mr. Hollingsworth clarified the modification to the
request language was collaborated with staff and submitted at the direction of the Planning
Commission. He confirmed if the modification presents a legal conflict, the applicant concurs with
the original request language. Further responding to Commissioner Rademacher,
Mr. Hollingsworth confirmed the direction from the Department of Public Works to redirect the
emergency spillway back into the pens is not a feasible option, due to the design of the ponds and
the layout of the facility. He clarified an additional berm will be located on the southern and eastern
boundaries of the facility to prevent emergency spills. In response to Chair Jerke,
Mr. Hollingsworth indicated the flow from the site will be at historical levels, and will only leave the
site in an emergency situation, since the pond contains excess capacity, as it will be built to
149 percent of the total volume of the site. Responding to Commissioner Rademacher,
Mr. Hollingsworth reiterated the location of the proposed manure storage on the map provided,
indicating the pens are located within the center of the facility. Further responding to
Commissioner Rademacher, Mr. Hollingsworth confirmed the applicant understands the risk of the
bison contracting disease from the sheep owned by the surrounding property owner, and it has
been well documented that sheep exist within the area. In response to Commissioner Long,
Mr. Hollingsworth confirmed the primary truck route for feed delivered to the site will be from the
west; however, other trucks will travel to the site from all directions. Responding to Commissioner
Garcia, Mr. Hollingsworth indicated the disease transmitted from sheep to bison is an airborne
illness, and he has been informed that the possibility of the disease spreading is limited due to the
short amount of time that the bison will be located at the feeding operation. He further stated there
are not many medicines which treat this disease; however, the applicant will enact preventative
measures and will separate animals if they become infected. Further responding to Commissioner
Garcia, Mr. Hollingsworth indicated the airborne range of the disease is inconclusive; however,
there have been documented instances of the disease traveling over a mile, and he confirmed the
disease may be passed between bison as well. He further stated the facility is the first of its kind
within the region, as other bison within the State of Colorado are typically housed within feeding
operations designed for cattle. In response to Commissioner Rademacher, Mr. Hollingsworth
indicated the facility is strictly a finishing facility, also known as a terminal facility.
Larry King, surrounding property owner, indicated he lives adjacent to the intersection of County
Roads 90 and 45, and he is the property owner with sheep. He further indicated his wife has
asthma, and the dust created on the feedlot will be harmful to her health. He expressed his
concerns regarding liability issues if the sheep were to transfer disease to the buffalo, and he
expressed further concerns regarding the need to take his wife to the hospital if she becomes sick.
He indicated it will be too cold to operate the sprinkler system during the winter months,the manure
piles will blow from the site if they are dry, or if the manure piles are wet, a gas is created which is
also harmful to asthmatics. He stated his insurance coverage will run out soon, and he is
concerned about the potential fatal impacts for his wife. Mr. King indicated he understands that
the pond will be cleaned regularly; however, he is not sure whether the sludge will be returned to
the manure stockpile. Chair Jerke clarified the applicant will have a chance to address any
questions presented during the public input portion of the hearing, which may also stimulate
questions for the Board as well. Mr. King indicated he is unsure of who to call to express his
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complaints to. He indicated he has driven a semi-truck for over 40 years, and he does not believe
the 400-foot acceleration lane will be adequate. He further indicated a site distance of 2,000 feet
is adequate if a semi truck is newer and the brakes are set properly; however, everyone should be
aware that accidents can still happen.
Delbert MacFarland, surrounding property to the southeast, questioned whether the acceleration
lane is already required as a Condition of Approval, or if the requirement of the acceleration lane
must be approved by the Board. Chair Jerke clarified the acceleration lane is a requirement
provided by the Department of Public Works. Mr. MacFarland indicated he understands that the
Department worked with the applicant to allow less stringent requirements than CDOT; however,
he believes the acceleration lane is a reasonable requirement and is necessary for the safety of
the westbound traffic.
Gary Simpson, surrounding property owner, indicated his property is adjacent to the intersection
of County Roads 90 and 45, and he confirmed he provided a letter of concern, marked as
Exhibit D. He clarified he has known, and has been friends with, the Hasbrouck family for most of
his life; however, he is present today to express his concerns regarding the availability of water to
be utilized within the sprinkler system. He indicated there are three wells on the site; however,
none of the wells are currently classified to be utilized for multi-use purposes, and are to be utilized
for irrigation purposes only. He explained he has been involved with various water entities for over
thirty years, he confirmed a change of use for a well is not an easy task, and he indicated it could
take up to ten years to gain the necessary approval. He indicated, since it will be difficult for the
applicant to plan to utilize the water from the wells for dust control, the site is likely to experience
many dust issues. He indicated the site is not located within a floodplain area, as designated by
the Federal Emergency Management Agency(FEMA); however, Owl Creek is located to the east
of the property, in close proximity. He clarified Owl Creek is currently dry; however, there have
been times in the past when the creek overflowed, and the intersection of County Roads 90 and
45 was submerged under four feet of water. He expressed his concerns regarding a future flood
event washing out the proposed lagoon, which will severely impact the surrounding property
owners downstream. He indicated he was in the process of building his residence in 1965 when
a flood event washed away all of the lumber located on his property. He further indicated the
applicant has not provided a designated place for manure storage, and land application, as
required by the State.
Martha Killion, surrounding property owner, stated her property is adjacent to the intersection of
County Roads 43 and 90, which is one-half mile west of the proposed feedlot. She stated the
applicant previously mentioned that berms will be installed around the lagoon; however, she
questioned if any other landscaping is planned, and how the property will be screened. She
indicated, at the Planning Commission hearing, it was mentioned that the applicant will take care
of Owl Creek in the event of a flood; however, no specifications were given, therefore, she
requested the applicant address how flooding issues will be handled. She further indicated
Mr. Hollingsworth stated if the site were to experience high water, the water could be directed to
the northeast, and she clarified Owl Creek is located to the northeast of the site. She stated the
Planning Commission minutes indicated the Nunn Fire Protection District did not provide a referral
response, and she believes the site is located within the Ault-Pierce Fire Protection District;
however, when an emergency happens in the area, both districts respond. She clarified it took
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three phone calls and a total time of 25 minutes before emergency responders arrived at a recent
fatal traffic accident. She expressed her concerns regarding the applicant's claims to protect
agriculture, and stated she believes the feedlot will force others out of the agricultural business,
especially since the applicant approached the King family and offered to buy their sheep, and
approached another neighbor and offered to purchase the property to be utilized for grazing. She
indicated she does not believe the feedlot will protect the health of the surrounding property
owners, and she clarified the bison are not able to compact the ground since they do not contain
flat hooves like cattle. She further clarified bison are constantly digging and rolling, which will
create dust problems, and bison are not quiet, docile animals; rather, bison are constantly moving,
which will increase the possibility of blowing dirt. She stated she has previously testified to the
Board regarding the blowing dirt from the properties owned by the City of Thornton, and she
confirmed the pasture and fence on her property are buried under dirt which has drifted from these
properties. Ms. Killion indicated the applicant has previously indicated the site will contain a large
amount of concrete; however, the areas which will be surfaced with concrete have previously been
under water during consecutive days of rainfall. She read from a newspaper article regarding
previous flooding within the area,indicating the destruction which occurred during the flood in 1965.
She expressed her concerns regarding the ground being covered with concrete,which will increase
the chances of disaster, since the water will not be able to soak into the ground. She clarified staff
from the Towns of Pierce and Eaton, and the Department of Public Works, have indicated the
reason the site is not within a mapped floodplain area is because FEMA ran out of funds to
complete the study. She clarified FEMA was able to finish mapping the City of Greeley and the
Town of Pierce several years ago, and is currently in the process of mapping the Town of Eaton.
She indicated, in 1965,surrounding property owners were offered FEMA funds to complete repairs
following the flood, the flood washed over the downslope where the proposed feedlot is located,
and the water rose to the underside of the bridge on Owl Creek.
Ms. Killion submitted photographs depicting Owl Creek, marked Exhibit I, and indicated Owl Creek
has been dry for the past three or four years; however, the photographs indicate the conditions
several days following a recent two-inch rain event. She clarified the photographs indicate the
height of past erosion for the Creek, and all of the brush and tumbleweeds, which increase the
chance of flooding. She clarified additional photographs, marked Exhibit J, were taken following
a four-inch rain event, and the narrowest point of the previously dry creekbed was 20 feet in width,
with the northern portion of the creek significantly wider. She submitted additional photographs,
marked Exhibit K, which depict the lands which were previously covered during past flooding
events,which is the location of the proposed feedlot. She indicated the placement of the proposed
lagoon is within a low-lying area which held standing water following recent rain events. She stated
the applicant's representative has previously indicated that cleanliness of the site is the best factor
to control nuisance conditions, and he confirmed the pens will be kept dry; however,testimony was
also provided that the sprinkler system will wet the pens. She stated testimony was provided that
the odors from the site mainly come from the lagoon; however, the odor is very strong at the
applicant's current feedlot after a rain, therefore, she believes the odor will be strong after the pens
are wet down each day as well. She clarified the applicant's representative indicated the pens will
be scraped clean once per year during testimony provided at the Planning Commission hearing,
and she is unsure how the insects and disease will be kept out of the facility. She indicated she
spoke with a former Veterinarian for Monfort Feedlots,who confirmed the disease Brucellosis may
be carried through water, if an aborted fetus has been on the ground.
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Ms. Killion stated the minutes from the Planning Commission hearing indicate Mr. Dunker stated
the facility will provide an additional 60 trips per day, which is a 22 percent increase to the overall
traffic on County Road 90. She believes the existing amount of traffic and speeds of the traffic
have contributed to several serious traffic accidents, and the area does not contain adequate site
distance. She confirmed her husband was involved in a vehicle collision the day after the Planning
Commission hearing, due to sun glare issues, and she submitted photographs of the damage to
the vehicles, marked Exhibit L. She indicated the Sheriff's Deputy on the scene commented that
it seems like there are a large number of accidents at the intersection, and Planning Commission
had indicated in the hearing the day before that the area needs more presence from the Sheriff's
Office. She further indicated she has previously conversed with a State Patrol Officer who
indicated the manpower is not available for more patrol,and she explained intersections in the area
are not shut down to divert traffic following a traffic incident; rather, the traffic is simply directly
diverted around the accident scene. She stated she has been recently notified that the Ault Police
Department is considering dropping coverage of the Town of Pierce, and the police force may be
reduced to three officers,therefore,she has continuing concerns regarding traffic control within the
area.
Ms. Killion submitted additional photographs, marked Exhibit M, depicting the roads within the
surrounding area,which she described for the record. She indicated it takes approximately twelve
seconds for a fully-loaded semi to pull out onto the road, which does not include the time it takes
for the semi to accelerate to the speed of the traffic, and in the case of an accident, there is no
room to avoid the wreckage due to the location of the ditch and a residence. She confirmed
County Road 90 is a main school bus route, the next paved road south is State Highway 14, and
the next through-road to the east is County Road 51, which is a dirt road. She clarified the semis
often travel in sets of three, which she witnesses on a daily basis, since she is a stay-at-home
mom, and she expressed her concerns about the ability of the traffic to stop in time to avoid a truck
pulling out of the feedlot facility. Ms. Killion indicated a Realtor recently visited her property to
complete a market analysis,who indicated the normal turnaround for rural properties located within
the surrounding area is approximately five months; however,with the current housing situation,the
turnaround is approximately fifteen months. She stated the surrounding properties are located
within the area being considered for a future tollway, known as the"Superslab,"therefore, property
values are reduced an additional ten percent, and the proposed feedlot will further reduce property
values by an additional ten percent. She expressed her concerns that she will not be able to sell
her property for what she has invested in it if her family decides to move closer to the City of
Cheyenne, which is where her husband is employed.
Ms. Killion clarified a surrounding property owner did not receive proper notice of the application,
and Mr. Gathman indicated the addresses were obtained from the listing provided by the
Assessor's Office. She stated the property owner indicated the County manages to send notice
every year when property taxes are due, and a phone call to the Department of Planning Services
was never returned, therefore, the owners were notified of the hearing from a Realtor visiting their
property, asking if they desired to sell their property. She stated the realty company visited again
several times, and on the fourth visit, the property owner was informed that the applicant had a
contract to purchase the farm next to their property, which is currently within foreclosure, pending
approval of this application. She confirmed she has contacted three realtors,which she named for
the record, and her research has indicated that the contract is non-existant, and the Listing Agent,
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Matt Revitt, has confirmed he has an exclusive listing on both properties, and no contract would
be drafted without his knowledge. She further indicated the documentation provided by the
applicant indicates the applicant did not meet with these specific property owners in lieu of the
neighborhood meeting. Ms. Killion clarified during a visit from Mr. Hasbrouck, she asked if Ted
Turner had any plans or money invested in the feedlot, and Mr. Hasbrouck indicated "not yet";
however, Mr. Hasbrouck has since indicated Mr. Turner has provided specifications as to how the
feedlot will be built, including provisions of steel fencing. She further clarified Mr. Haren denied any
involvement by Mr.Turner at the Planning Commission hearing. She stated Mr. Hasbrouck visited
her property and indicated he had not begun cleaning up the bloody wood chips on the northern
property, as directed by the Board within a Violation hearing, because he was waiting for proper
documentation from the Department of Public Health and Environment; however, Mr. Swain did not
verify the statement. She further stated Mr. Hasbrouck has denied requesting an extension of the
thirty-day period ordered by the Board, even though a hearing on the matter has been extended.
Ms. Killion indicated both Mr. Swain and Mr. Haren have indicated that this application for the
feedlot facility does not correlate to the application for the Class One composting facility; however,
she disagrees since the plans for the feedlot currently have no provision for the storage of manure.
She further stated the CSU Extension Office representative notified her that at the time of his
referral letter, he was not aware that the facility did not have a plan for the storage of manure, nor
was he aware of the past severe flooding issues at the site. She clarified the neighbors have been
notified that the water in the lagoon will be pumped to the composting facility if the lagoon is in
danger of overflowing, and the history of the violations regarding the illegal dumping of blood by
the applicant should be considered in this application. She indicated it was not recorded in the
minutes from the Planning Commission; however, Mr. Haren commented that the application was
not a popularity contest, following testimony provided regarding Mr. Hasbrouck's character. She
clarified she has only met Mr. Hasbrouck on two occasions; however, she is wary of how the
feedlot will be operated based upon the previous actions of Mr. Hasbrouck. She confirmed she
believes the Board should not grant approval of the application. In response to a previous question
of Commissioner Rademacher, Ms. Killion confirmed the City of Thornton owns farmland which
surrounds her property on all sides. She further stated she believes a left-turn lane into the facility,
as proposed earlier by Chair Jerke, is a good idea due to the amount of truck traffic in the area.
She confirmed she teaches private music lessons at her home, and she provided a letter from a
parent, marked Exhibit N, which indicates concerns regarding traffic in the area.
Karen King, surrounding property owner, indicated she is the wife of Larry King, and she provided
a letter for the record, marked Exhibit O, containing concerns regarding manure storage. She
stated previous documentation provided by Mr. Gathman indicated the manure storage must be
located within the center of the facility; however, the pens located on the map provided by the
applicant's representative are directly behind the wastewater pond, which is still extremely close
to her residence. She further submitted a letter from her doctor, marked Exhibit P, which confirms
her chronic asthma condition,and indicates that the location of the feedlot will be detrimental to her
health. She clarified the edge of the wastewater pond is approximately 250 feet from her bedroom
window, and she expressed her concerns regarding her ability to breathe. She indicated the
situation regarding the sheep has already been discussed, and she confirmed all sheep have the
disease, which is asymptomatic, and the disease is passed through the air to buffalo within a
several mile radius. She further confirmed the disease is fatal for buffalo, and the information she
previously provided for the record indicates buffalo are especially susceptible to the disease due
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to the stressful conditions of being contained within the facility. She stated the applicant has
indicated he realizes the risks involved; however, she still has liability concerns if the buffalo were
to die as a result of the disease. In response to Ms. King, Chair Jerke indicated the Board cannot
determine liability, and the matter would have to be considered within the courts. Ms. King
expressed her concerns regarding losing all she owns even though she has been forthcoming
about the potential risks. She stated she appreciates the applicant providing landscaping to help
with visual impacts; however,the manure and wastewater will still provide an unpleasant odor. She
further stated Mr. Hollingsworth indicated the buffalo are fed hay instead of ground forage, which
she understands will help mitigate dust on the site; however, if the applicant is allowed to contain
cattle on the site instead, the food rations will be modified, creating more dust on the site. She
expressed her concerns regarding the uniqueness of the facility, and indicated she is not sure how
the applicant is certain there will not be negative impacts resulting from the facility. Ms. King
referenced Development Standard #13, which indicates the facility shall be operated in a manner
to control flies, and she is not sure who determines whether the flies become a nuisance condition.
She expressed concerns regarding the language of the standard, indicating that the flies must be
determined to be associated with the facility, and she believes it will be hard to determine who the
flies belong to in the event of a nuisance condition, which appears to be in the favor of the
applicant. She further referenced Development Standard#14,which contains language regarding
odor control, and she indicated she does not understand the dilution threshold, nor who will
measure the threshold on the site. She confirmed the winds change within the area,therefore, the
thresholds may change throughout the day, and a threshold may not be exceeded during a specific
inspection. She expressed her concerns regarding loss of property value within the area, and she
submitted a letter of concern from her husband, marked Exhibit Q.
Jim Reeman, surrounding property owner, stated he represents himself, as well as surrounding
property owner Dorothy Nelson. He read a letter of objection from Ms. Nelson into the record,
which was submitted as Exhibit R. He clarified the first time he heard of the pending application
was in the coffee shop when a gentleman indicated Mr. Hasbrouck was going to start a brothel;
however, this turned out to be false. He confirmed neither he, nor Ms. Nelson, have received any
notice regarding this application, nor the violations occurring on adjacent property. He stated the
applicant's representative previously indicated all property owners within a two-mile radius were
contacted, and he is requesting a copy of the list of the surrounding property owners who were
contacted be provided by the representative. He indicated the testimony provided within the
Board's meeting on August 4, 2008, regarding violations cited against the applicant, has been
completely eliminated from this discussion; however, he believes the Board should consider the
applicant's past character. He confirmed he has known Mr. Hasbrouck all of his life, and indicated
Mr. Hasbrouck is a great farmer and ideal livestock handler; however, he cannot justify the actions
taken by Mr. Hasbrouck within the past eight years. Mr. Reeman indicated he does not understand
the concern regarding Mr. Turner's involvement with the facility, since he believes Mr. Turner is a
respectful gentleman, and Mr. Hasbrouck has confirmed that Mr. Turner will furnish a feedlot
manager to build the feedlot. He expressed his concerns regarding the numerous empty feedlots
located all over Weld County, and there is no justification for the dairies to be empty. He stated
he owns approximately 1.5 miles of Owl Creek, in conjunction with his brother, and he has
traversed Owl Creek up into the State of Wyoming territory. He indicated plenty of comments have
been provided regarding the flooding concerns, therefore, he will not duplicate the comments.
Chair Jerke indicated notice of today's hearing was provided to Frances "Jack" Reeman,
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do Reeman Brothers, and in response, Mr. Reeman confirmed Jack Reeman is his brother. He
further confirmed his brother did indicate he could pick up a copy of the notice; however, he was
never able to visit the property and receive the notice. Further responding to Chair Jerke,
Mr. Reeman confirmed he owns property within 500 feet of the proposed feedlot, and he does not
understand why notice was not provided to him personally since all of the County tax notices are
sent to him. He indicated that many people will tour this facility once it is complete, and he
suggested that Mr. Hasbrouck build his residence adjacent to the feedlot.
Phil Brink, Brink, Inc., confirmed Mr. Hasbrouck does own other feedlots within area, and Brink,
Inc., provides environmental compliance consulting services to Mr. Hasbrouck. He confirmed he
has not been previously involved with a bison feedlot; however, he has helped Mr. Hasbrouck
achieve compliance at his various feedlots for the past ten years. He indicated a Manure and
Wastewater Management Plan and a Nuisance Management Plan were developed, in 1999, for
two feedlots, which were intended to address control regulations, and the feedlots did not obtain
a permit at that time. He confirmed Mr. Hasbrouck was not compelled to develop these plans, due
to the minimal enforcement by the Department of Public Health and Environment(DPHE); rather,
Mr. Hasbrouck developed the Plans on his own accord. He further stated, in response to stringent
regulations proposed by the DPHE relating to water protection, Mr. Hasbrouck had the ponds on
the feedlots professionally tested, in order to ensure the ponds were in compliance with the
stringent requirements. He confirmed Mr. Hasbrouck developed a Comprehensive Nutrient
Management Plan in conjunction with the USDA for his current eastern feedlot, a plan will be
developed for the western feedlot, and the components of the plans exceed the requirements of
the Colorado DHPE. Mr. Brink indicated Mr. Hasbrouck has been proactive towards changes in
regulation and he has taken immediate necessary action to ensure his feedlots are in full
compliance.
Stan Rogers, Weld County resident, indicated he is present today to offer support for the
Hasbrouck family. He indicated he understands the concerns of the surrounding property owners;
however, he has known the Hasbrouck family both personally and professionally for over fifteen
years, and the Hasbroucks are good feedlot operators, providing a benefit to the community. He
indicated Mr. Hasbrouck is trying to introduce a new component to the agricultural industry, and
various feedlots have fed buffalo within the area; however, the traditional cattle feeding operation
setup cannot properly handle bison. He stated the proposed feedlot will become a great benefit
to the industry and he knows the operation will be built to top-notch standards, therefore, concerns
will not spread outside of the boundaries of the facility. He clarified he is a surrounding property
owner of a large dairy corporation, and confirmed he has approached the corporation's
management team with nuisance concerns;however,the corporation has responded in undesirable
ways. He further confirmed Mr. Hasbrouck will always have someone on-site to contact about
potential concerns, and the family has a good environmental representative who can address
concerns as well.
Chair Jerke issued a recess until 1:30 p.m.
Upon reconvening, Teddy Reeman, surrounding property owner, stated she has lived in the area
since 1960, and the neighborhood is quiet and peaceful. She indicated she and her husband have
worked their whole lives in order to pay for, and keep, their small ranch. She confirmed the value
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of her property, and the properties of her neighbors, will decrease drastically if the feedlot and
composting facility are approved. She stated the applicant plans to utilize the irrigation wells for
dust control; however,the water level has dropped dramatically within the area. She confirmed the
recent rains have helped this year; however, the full water usage will most likely never return to
previous levels. Ms. Reeman indicated there have been seven instances in which the electric fence
between her property and the proposed feedlot appears to have been purposely shorted out. She
stated when Mr. Hasbrouck was contacted, he indicated he had more things to worry about than
an electric fence which would be taken down in the near future. She clarified her property contains
miles of electric fencing to keep the livestock in the pasture, therefore, the fence is a big worry to
her. She expressed her concerns regarding the lights, sounds, visual impacts, noise, and smell
from the proposed feedlot disturbing the peaceful way of life and reducing her quality of life. She
indicated Mr. Hasbrouck, or any other feedlot or dairy operator, should be required to live on the
site with the facility. She confirmed the wind blows frequently from the northwest, and the direction
of the winds will carry the unpleasant side effects right to the house of Ms. King, who has asthma.
Jack Reeman, surrounding property owner, stated the application materials state the facility will be
located on 152 acres, and that the applicant owns an additional 52 acres to the northwest, which
does not connect except through as easement he granted, therefore, he is unsure of whether the
additional acreage will be utilized for the feedlot. He confirmed he has been having trouble with
his electric fence, and Mr. Hasbrouck has indicated he does not have time to help mitigate the
situation. He expressed his concerns with the possibility of buffalo breaking out of the facility, and
he questioned who he should call to retrieve the buffalo, and if the applicant intends to have an
employee living on the site to take care of emergencies. There being no further discussion, the
Chair closed the public input portion of the hearing.
Mr. Hollingsworth stated the application is consistent with the requirements within the
Comprehensive Plan. He clarified the facility is compatible with the predominantly agricultural uses
within the surrounding area, as well as future development, since the site is distantly located from
surrounding municipalities, and the future growth patterns indicate this area will remain agricultural
in nature for the foreseeable future. He indicated the DPHE and the Planning Commission have
previously approved the application materials and plans, which have been found to be adequate.
He reiterated the facility differs from a typical dairy facility, since it is a feeding facility only, and no
processed water is associated with the facility on a daily basis. He further clarified the only water
to enter the ponds will be stormwater from large storm events. He confirmed the ponds will be
de-watered as much as possible, due to the adequate land application area on the site, and the
proposed feeding operation will be audited on a regular basis to ensure that the facility operates
within Best Management Practices. He stated FEMA has mapped the area, indicating the
floodplain begins south of County Road 90, and he clarified the map was completed in 1978, and
was certified in 1982. He further clarified the additional checks put forth in rangeland and on
private lands north of the facility will help to prevent flood conditions which have occurred in the
past. Mr. Hollingsworth confirmed the construction of this facility will actually help improve the
flooding situation within the area, since 154 acres of runoff, which typically contributes to flooding
situations, will instead be captured into a pond. He clarified the facility will be designed and graded
to prevent runon of water to the property from adjacent lands. He explained it has been determined
that the access point contains adequate site distance, and similar projects within the County have
not been required to add additional turn lane improvements, even on busier roads such as State
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Highway 66, County Road 39, and State Highway 14. He proposed that the Department of Public
Works investigate the placement of Stop signs on County Roads 45 or 43, to possibly help reduce
the speed of the traffic. He clarified the Hasbrouck family has lived on their own feedlot for over
20 years, until their family was raised and they became empty nesters.
In response to Commissioner Long, Mr. Hollingsworth confirmed the 100-year floodplain begins
south of the site, south of County Road 90, and continues south from that point. Responding to
Commissioner Garcia, Mr. Hollingsworth explained solids will be separated from the stormwater
before the water is deposited into the pond; however, if solids were to accidentally infiltrate the
pond, the standard operating procedures outline how the ponds will be cleaned and drudged, and
the solids will be hauled off to a third party. Further responding to Commissioner Garcia,
Mr. Hollingsworth confirmed the irrigation wells will have to be re-classified before the plat may be
recorded. In response to Chair Jerke, Mr. Hollingsworth indicated the water shares will be utilized
as irrigation water until the facility achieves full buildout. He further indicated the shares may be
utilized for augmentation of the well once the use is changed, or for land application, and he
confirmed the consumptive use of the wells will drop below historical uses once the water is utilized
solely to sprinkle the pens. Further responding to Chair Jerke, Mr. Hollingsworth indicated the pens
will be sprinkled in the winter months, if deemed necessary, and he explained the facility is
designed with a water storage system,with underground lines. He further indicated dust problems
do not usually exist within bitterly cold temperatures; however, he confirmed on a fairly warm winter
afternoon, the sprinklers could be turned on to help combat a dust situation. Commissioner Long
indicated dust does happen in the middle of winter if the ground is dry and the animals are kicking
dirt around. In response to Commissioner Long, Mr. Hollingsworth indicated if the sprinklers are
not able to be utilized within winter months, the applicant may also land apply water utilizing water
trucks. He clarified the dust is not just an issue for the health of the public; it is also an issue for
the health and welfare of the animals as well.
Responding to Commissioner Rademacher, Mr. Swain clarified if the applicant applies for a CAFO
Discharge Permit, they will be required to build a spillway; however, the spillway is not required
through Best Management Practices. He confirmed the construction of a spillway is a good idea
to help protect the structure of the pond to help maintain retention. Further responding to
Commissioner Rademacher, Mr. Hollingsworth confirmed the facility will apply for a CAFO permit,
and the appropriate placement of the spillway will be determined at the time of permitting; however,
it must be located at the lowest point of the pond. He further confirmed the impacts must be
contained so that the runoff does not negatively impact Owl Creek. Responding to Chair Jerke,
Mr. Hollingsworth indicated through the issuance of a CAFO permit,emergency discharge from the
site is legal, and the emergency spillway will mitigate discharging into U.S.waterways. In response
to Commissioner Long, Mr. Dunker confirmed the floodplain defined by FEMA begins at the
intersection of County Roads 88 and 47, and FEMA has indicated it recognizes the floodplain
extends to the north; however, the study ran out of money, therefore, it is not included within the
map at this point. He submitted a map of the area for the record, marked Exhibit S.
In response to Commissioner Garcia, Mr. Hollingsworth indicated the facility does not contain a
planned tourism usage; however, since the facility is unique and will be the first of its kind, there
will be several groups of people interested in viewing the design. Further responding to
Commissioner Garcia, Mr. Gathman confirmed if tour buses are being brought to the facility, the
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uses would be considered to be substantially changed, and an amendment to the permit will be
required. He further stated the property owners located to the southwest of the proposed facility
were provided notification of the hearing. He stated Fawn Leaf and David Bacon contacted the
Planning Office, and he returned the call and spoke with David Bacon. He confirmed a notice was
also sent to Reeman Brothers, and Ms. Nelson's property is over 900 feet away, therefore, formal
notice was not provided to her since her property is located outside of the 500-foot boundary.
Mr. Hollingsowrth explained the CAFO regulations indicate that the ponds may not be located within
the flooplain, and a two-foot berm above grade level will be constructed in conjunction with a
landscaping berm around the site. He reiterated the facility should improve the flooding hazards
within the surrounding area. He further clarified the facility will not generate tourism; however, any
facility of a new design does generate interest for members of the agricultural industry.
Responding to Commissioner Rademacher, Mr. Hollingsworth confirmed the ponds will be lined
and certified, and the owner is required to provide results of weekly inspections. Mr. Swain clarified
if the facility contains only buffalo, the applicant will only operate through Best Management
Practices, which is why the DPHE recommended the language within Development Standard #6
requiring the applicant to adhere to the standards as set forth by the Colorado Water Quality
Control Commission. He further clarified the applicant desired to maintain the option to house
cattle on the site, and Development Standard #6 provides for a setback to groundwater, water
supply wells, and the lining requirements.
Chair Jerke indicated he was previously intrigued by the idea of requiring a turn lane to be installed
on County Road 90; however, he no longer believes it is a necessary improvement. He clarified
other facilities adjacent to roads with a higher traffic count throughout the County have not been
required to provide additional lanes, including the Miller feeding operation and the Fiver Rivers
facility outside of the Town of Gilcrest. Commissioner Rademacher confirmed the Aurora facility
adjacent to State Highway 60 did not require additional lanes, and State Highway 60 has a much
larger traffic count, and significantly less site distance due to the hill. He indicated he is intrigued
about the idea of placing Stop signs at either County Road 45 or 43; however, he understands the
Department of Public Works will need to research the matter. In response to Commissioner
Rademacher, Janet Carter, Department of Public Works, stated it is not a general practice of the
Department to utilize Stop signs to slow traffic, therefore, placing Stop signs at the intersection
solely for the purpose of slowing down traffic will not work. She clarified she has visited the site,
and she concurs that the traffic counts do not warrant an additional Stop sign.
Chair Jerke stated in reviewing the entire proposal, he understands the concerns presented
regarding potential health issues and diminished property values; however, these are concerns
which are expressed during almost every land use hearing. He indicated he understands that
people are fearful of change, and with the approval of most land use applications, there are very
few documented negative changes within the surrounding area within the next five years. He
indicated he understands buffalo are a different species than cattle; however, if the practice of
feeding buffalo had been started many years ago, the operator would not have had to gain
permission from the Board, and the operator would have learned from mistakes as operations
continued. He further indicated Best Management Practices have been developed and are
perfected daily, and will mitigate the use to the greatest extent possible. He stated bison are close
enough in nature to cattle, and he confirmed he supports the application. He further stated the
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construction and operation of the facility will bring additional employment to Weld County, and he
is pleased that Northern Weld County will be able to reap potential benefits, since most often the
southern portion of the County experiences these types of benefits.
Commissioner Rademacher concurred with Chair Jerke, and expressed his appreciation to all of
the surrounding property owners and other members of the public who presented testimony at
today's hearing. He clarified he lives within southwest Weld County and has been involved within
agricultural activities his entire life, and he lives next to a feedlot within 50 feet of his front door.
He stated there are several feedlots within very close proximity to subdivisions within the southern
portion of the County, and many of the surrounding property owners do not have complaints
because the operator is able to mitigate impacts. He confirmed the proposed feedlot will create
impacts; however, the location of the feedlot is ideal and will cause the least amount of impacts.
He indicated he believes a majority of the concerns will be mitigated through the Conditions of
Approval and Development Standards.
Commissioner Masden indicated he understands that the placement of Stop signs on County
Road 45 will create an additional traffic hazard for traffic on County Road 90, and he confirmed
Stop signs should not be utilized as a means to control the speed of traffic. He clarified the
adequate site distance will help to mitigate traffic concerns, and it does not appear that the facility
will significantly contribute to the current traffic count in the area. He stated he believes this facility
will help to preserve the agricultural heritage of Weld County and provide incentives within the
region, and he clarified that Weld County is the number one County of non-citrus agricultural
production within the nation. He stated the drainage issues and traffic concerns have been
adequately addressed, and the sprinkler system will help to control the dust. He indicated
agricultural facilities contain many restrictions and a large amount of oversight from the County and
the State, and he encouraged surrounding property owners to contact the DPHE if smell becomes
an issue at the site. He confirmed the specialists hired by the applicant can help to effectively
manage nuisance conditions at the site, and he supports the application.
Commissioner Garcia expressed his appreciation to the surrounding property owners for providing
their concerns, and he confirmed he learns the most when he hears statements from members of
the public. He indicated he is not familiar with the bison business,and he appreciated the thorough
information presented by the applicant's representative, as well as the testimony provided by the
neighbors. He stated the Resolution contains numerous pages of rules and regulations, which are
quite extensive, and the applicant must comply with all of these requirements. He indicated he
understands the regulations may not protect every unfavorable condition at the site, and he
confirmed staff from the DHPE may be contacted to determine the various thresholds. He further
indicated he is pleased that this is a very active and strong community within the northern portion
of the County, and it is important for the applicant to continue to maintain their good neighbor
status and work to address any concerns which may arise. He stated he believes that the concerns
have been moderately addressed, therefore, he supports the application.
Commissioner Long indicated he concurs with the statement previously made that Weld County
needs to continue to support agricultural production, and he is generally a proponent for feedlots
and dairies, since they help to sustain agriculture. He clarified this application contains several
outstanding issues, which he does not believe will be able to be mitigated. He indicated the
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drainage issues are utilized to determine the best uses within an area, and adequate data does not
exist to consider this application since FEMA did not complete the study of the entire area. He
further indicated there may be other drainage issues which have not been presented, and he is
troubled by the testimony provided regarding previous flooding within the area. He stated he
prefers to avoid a future catastrophe if contaminated waters from the facility were to flood the
surrounding area. Commissioner Long stated the past performance of the applicant is a criteria
which has been utilized within other land use cases, and he expressed his concerns regarding the
violation on another site owned by the applicant, indicating the violation leaves open the potential
for substandard management practices. He clarified the applicant acted within a pre-interpretation
of a situation, and was not in compliance with the Weld County Code and State regulations, which
indicates to him that the applicant may not work to mitigate future concerns. He clarified due to the
severity of the issues concerning drainage and the past performance of the applicant, he believes
this is the wrong site for a feedlot of this nature, and he does not support the application.
Commissioner Rademacher clarified he previously had concerns regarding the drainage within the
surrounding area; however, he believes the statement made by Mr. Hollingsworth is true, and the
construction of the facility will remove 154 acres worth of drainage out of the floodplain by
containing the drainage in the on-site pond. He indicated heavy rain events create flooding
problems all over Weld County; however, the oversized pond will help to mitigate the effects of
many of the storm events. He further indicated he would like to make sure that the applicant
understands that the facility may contain up to 15,000 head of buffalo, or up to 24,000 head of
cattle, and the allowance of a combination of the two types of animals will require an amendment
to the permit. In response to Chair Jerke, Mr. Barker reiterated the notice was provided without
the provision of a combination of the animal units, therefore, the applicant may not request
approval for a new use which was not contained within the original notice.
In response to Chair Jerke, Mr. Hollingsworth indicated he has reviewed the Conditions of Approval
and Development Standards; however, he requested clarification regarding the need for the
construction of the acceleration lane. Further responding to Chair Jerke, Mr. Dunker indicated the
language regarding the acceleration lane is not currently a requirement within the Resolution. He
requested a new Condition of Approval #1.M be added to state, "A westbound 12-foot wide by
400-foot long minimum acceleration lane shall be constructed by the applicant. The construction
drawings shall be submitted for review and acceptance by the Department of Public Works, and
stamped and signed by a Colorado registered engineer." He further requested the first sentence
of Condition of Approval #1.1 be modified to state, "The applicant shall submit a Private and a
Public Improvements Agreement According to Policy..." The Board concurred with the proposed
modifications. In response to Chair Jerke, Mr. Hollingsworth indicated, based upon the location
of the access, the County will be required to obtain additional right-of-way from an adjacent
property owner in order to accommodate the additional lane. In response to Commissioner
Rademacher, Mr. Dunker confirmed the improvements associated with the additional lane will be
similar to the improvements completed at the Conquest Oil site, and the road will be shifted slightly
in order to accommodate the extra pavement. Chair Jerke indicated he was not aware that the
entrance to the facility was located along the western edge of the property boundary. Mr. Dunker
confirmed the additional pavement will fit within the existing right-of-way, and in response,
Mr. Barker confirmed these types of improvements are typically completed by a dedication of
property to accommodate the necessary right-of-way, therefore, he does not understand the
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confusion of the matter. Responding to Chair Jerke, Mr. Dunker confirmed the applicant will be
responsible to complete the actual paving improvements. Further responding to Chair Jerke,
Mr. Barker clarified the necessary right-of-way is available for the improvements to be completed,
and the County is essentially allowing, and requiring, the improvements to occur. In response to
Commissioner Long, Ms. Carter indicated a setback issue is not typically created, since the center
striping of the road may be slightly modified,and a slight portion of additional asphalt will be added.
She confirmed the improvements may be completed within the existing 60 feet of right-of-way;
however, the applicant is still required to reserve the additional 20 feet of right-of-way for future
buildout. Mr. Hollingsworth indicated the applicant objects to completing the acceleration lane prior
to the recording the plat, and proposes the improvements be required after the facility is
constructed, at which time a traffic study could determine whether the lane is actually necessary.
Chair Jerke indicated he believes the improvements are necessary and need to be completed
before the facility is constructed, and the other Board members concurred. Mr. Hollingsworth
requested a short recess to discuss the requirement with the applicant, which was issued by the
Chair.
Upon reconvening, Mr. Barker requested clarification of the language regarding the construction
of the acceleration lane, and Mr. Dunker reiterated Condition of Approval #1.M for the record.
Mr. Barker indicated the applicant is questioning the timing of the construction and the mechanism
for completing the improvements. Mr. Dunker indicated the construction plans need to be
submitted before the plat is recorded; however, the actual construction of the acceleration lane
could take place within six months of operations beginning at the site. Mr. Barker indicated he
prefers for the applicant to complete an Improvements Agreement which will indicate the trigger
mechanisms, specific time limits, and that the construction will occur in accordance with the
approved diagrams and drawings. He further indicated the applicant will need to provide collateral
for the improvements; however, it will not be necessary to provide the collateral until the
construction work is scheduled to begin. Mr. Dunker clarified the collateral is required to be
submitted in conjunction with the Improvements Agreement. Mr. Barker confirmed the details of
the Agreement will need to worked out with the applicant, and the Agreement will be approved by
separate Board action. Chair Jerke indicated he prefers for the Improvements Agreement to
indicate that the road improvements must be completed before buffalo arrive at the facility, and the
Board concurred. Mr. Hollingsworth indicated he understands that the Improvements Agreement
must be completed prior to recording the plat; however, the completion of the acceleration lane will
be completed prior to populating the facility. Upon clarification from the Acting Clerk, Mr. Dunker
requested the following language be added to Condition of Approval#1.M: Construction will occur
in accordance with the Public Improvements Agreement According to Policy Regarding Collateral
for Improvements,prior to population of the feedlot." In response to Chair Jerke, Mr. Hollingsworth
indicated he has reviewed, and concurs with, the Conditions of Approval and Development
Standards, as amended.
Commissioner Masden moved to approve the request of Hasbrouck Holdings, LLC, for a Site
Specific Development Plan and Use by Special Review Permit#1661 for a Livstock Confinement
Operation (feedlot for 15,000 of buffalo or 24,000 head of cattle) in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the Planning Commission, with
the Conditions of Approval and Development Standards as entered into the record. His motion
included the addition of Condition of Approval#1.M to state,"A westbound 12-foot wide by 400-foot
2008-2520
PL1977
HEARING CERTIFICATION - HASBROUCK HOLDINGS, LLC (USR#1661)
PAGE 19
long minimum acceleration lane shall be constructed by the applicant. The construction drawings
shall be submitted for review and acceptance by the Department of Public Works, and stamped
and signed by a Colorado registered engineer. Construction will occur in accordance with the
Public Improvements Agreement According to Policy Regarding Collateral for Improvements,prior
to population of the feedlot";and the modification of the first sentence of Condition of Approval#1.1
to state, "The applicant shall submit a Private and a Public Improvements Agreement According
to Policy...". The motion was seconded by Commissioner Rademacher. Upon request for a roll
call vote, the motion carried four to one,with Commissioner Long opposed. There being no further
discussion, the hearing was completed at 2:45 p.m.
This Certification was approved on the 22nd day of September, 2008.
APPROVED:
**1 JSL/�♦, BOARD OF COUNTY COMMISSIONERS
), << `E// WELD COUNTY, COLORADO
,/
ATTEST: AR r O 42P` ' liamH.. Jerke, Chair
Weld County Clerk to the card : ' ,� � C�
llr •
BY:
11 ; �„ Robert D. Ma en, Pro-Tem
r
De y Cler o the Board v.
Willi . Garcia
David E. Long
ougla Radem cher
2008-2520
PL1977
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1661 - HASBROUCK HOLDINGS, LLC
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 09/02/2008)
D. Gary Simpson Letter of Concern, dated 9/11/08
E. County Attorney E-mail re: Call of Concern, dated 9/17/08
F. Planning Staff Memo re: Amend Resolution Title, dated
9/16/08
G. Applicant Diagram of Feedlot Setup
H. Applicant Proposed Site Plan
I. Martha Killion 3 photographs depicting Owl Creek
J. Martha Killion 4 photographs depicting Owl Creek
K. Martha Killion 4 photographs depicting Flooding area
L. Martha Killion 4 photographs depicting vehicle damage
M. Martha Killion 7 photographs depicting County Roads
N. Martha Killion Letter from Amy Overton re: Area Traffic,
dated 9/15/08
O. Karen King Letter of Concern, dated 9/14/08
P. Karen King Letter of Medical Concern from Dr. William
Lanting, dated 9/2/08
Q. Larry King Letter of Concern, dated 9/14/08
R. Jim Reeman Letter of Objection from Dorothy Nelson,
dated 08/15/08
S. Public Works staff Map of area
T. Applicant Copy of PowerPoint Presentation
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