HomeMy WebLinkAbout20070942.tiff HEARING CERTIFICATION
DOCKET NO. 2007-18
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1583
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (DAIRY OPERATION WITH A TOTAL OF 8,000 HEAD),
IN THE A(AGRICULTURAL) ZONE DISTRICT - MARGARET DEHAAN
A public hearing was conducted on April 4, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Hannah Hippely
Health Department representative, Troy Swain
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 16,2007,and duly published March 21,2007,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Margaret
DeHaan for a Site Specific Development Plan and Use by Special Review Permit#1583 for an
Agricultural Service Establishment,including a Livestock Confinement Operation(dairy operation
with a total of 8,000 head), in the A (Agricultural)Zone District. Bruce Barker, County Attorney,
made this a matter of record. Chair Long stated the Board has received various items of
correspondence which have been added to the record as Exhibits. He stated members of the public
who are not able to return in the afternoon will be provided an opportunity to speak at 11:30 a.m.,
each speaker will be allowed three minutes unless speaking fora group of other individuals,and he
requested the speakers try to avoid redundancy of previous comments. He stated the Board does
not deny consideration of any case;the land owner has the right to apply and have the matter heard.
Chair Long reviewed the hearing process, and noted Ms. Giauque is now in attendance as legal
council.
Hannah Hippely,Department of Planning Services,presented a brief summary of the proposal and
entered the unfavorable recommendation of the Planning Commission into the record as written.
She gave a brief description of the location of the site and surrounding land uses. She stated
thirteen referral agencies reviewed the proposal, two indicated no comment, eight responded
favorably or provided comments that have been addressed in the Conditions of Approval and
Development Standards,and staff received multiple letters of concern regarding traffic,noise,light,
air pollution,pests,groundwater contamination,impacts to surrounding water wells,waste disposal,
site drainage,and runoff. Ms. Hippely stated the Planning Commission recommended denial of the
case based on issues of incompatibility with current and future development,and negative impacts
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to surrounding uses. She stated staff also has concerns with the remaining Conditions of Approval
that were to be met prior to scheduling the Commissioners hearing,which have not been adequately
addressed by the applicant. Ms. Hippely submitted a memorandum,marked Exhibit W,which she
reviewed for the record,as follows. She stated the applicant has addressed Condition of Approval
#1.A by delineating a sign on the plat and informing staff that they will abide by the sign code as it
relates to the A(Agricultural)Zone District,therefore,staff is requesting the addition of Development
Standard#25(renumbered to become#26). She further stated the applicant has also addressed
Condition of Approval#1.8 by delineating the lighting on the plat;however,it is still unclear whether
the proposed lighting will have an impact on the adjacent properties, therefore, staff is requesting
an amendment to Development Standard#23(renumbered to become#24). Regarding Condition
of Approval#1.C, Ms. Hippelystated the applicant has proposed two staggered rows of pine trees;
however, additional clarification is still needed, therefore, the Condition should be modified and
moved to become a new Condition of Approval Prior to Recording the Plat#1.G,and Development
Standard #24 (renumbered to become #25) should be amended. She stated at this time the
applicant has not submitted an agreement with the mineral owners, as required by Condition of
Approval#1.D;however,they have provided evidence of correspondence with the mineral owners'
representatives. To address the issue, Ms. Hippely requested the addition of a new Development
Standard#22. (Clerk's Note: Item#6 of Exhibit W is already addressed in Development Standard
#22, which was renumbered to become #23.) She stated the applicant has met Condition of
Approval#1.E; however, during the process the applicant was granted a secondary access to be
used only during harvest season, therefore, she requested the addition of a new Development
Standard #27.
Ms.Hippelystated her remaining comments deal with Conditions of Approval Prior to Recording the
Plat. She stated in order to correct a requirement for full paving and amend the number of parking
spaces required,Condition of Approval#1.C.6 should be amended. She also requested the addition
of a new Condition of Approval #1.C.7 to request the appropriate amount of paving, and an
amendment to the current #1.C.7 (renumbered to become #1.C.8) to change the number of
Americans with Disabilities Act(ADA)parking spaces and adjust the language so compliance with
the ADA is not an overly onerous requirement of the applicant. Ms.Hippely stated current Condition
of Approval #1.C (relettered to become #1.D) should be deleted and moved to become a new
Condition of Approval #4.A(renumbered to become #3.A)as a requirement Prior to Operation,
which also requires an amendment to Development Standard #5. (Clerk's Note: For specific
language amendments, please refer to Exhibit W.)
TrevorJiricek, Department of Public Health and Environment, stated the applicant has agreed to
obtain a Concentrated Animal Feeding Operation Discharge Permit through the Colorado
Department of Public Health and Environment. He stated,as a result,all stormwater,wastewater,
lagoon construction, run on/runoff features must be stamped by an engineer and reviewed by the
State. He stated that Permit is not required;however,the applicant has agreed to apply and operate
in compliance with those requirements. He stated the Draft Resolution already includes the
necessary Conditions of Approval to address staff's requirements. He further stated the applicant
has submitted, and staff has reviewed and approved, the Nuisance Management Plan.
Donald Carroll, Department of Public Works, stated the site will be accessed from Weld County
Road 39,which will lineup with the existing access directly to the west. He stated staff is requiring
the applicant to surface the entrance for50 feet,and provide an adequate turning radius,to keep the
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edge from breaking and tracking onto the public roadway. Mr.Carroll stated Weld County Road 39
has an average daily traffic count of 700 vehicles,and the applicant is requesting the placement of
a second access at the south end of the property for deliveries. He stated staff is agreeable to the
second access as long as it is gated and not used as a primary access on a regular basis. He
further stated the facility is proposed to have 40 employees at full buildout,there will be numerous
truck deliveries using the paved road access, and staff is requesting a Site Grading Plan.
Thomas Haren, AGPRO/LANDPROfessionals, LLC, represented the applicant and stated the
application is for a total of 8,000 animals,with a parlor that is designed for 3,000 to 4,000 milking
cows,with the remainder of the herd consisting of heifers, bulls,and calves. He stated the facility
will be located on 156 acres,and the applicant owns 394 contiguous acres. Mr. Haren stated the
Use by Special Review(USR)site wraps around an existing feed yard,and the DeHaans are fourth
and fifth generation dairy operators. He stated the family currently operates a diary within the
municipal boundary of the City of Greeley,and this application will allow them to relocate that facility
and expand their operations.
Margaret DeHaan,applicant,stated they started operating at the existing site approximately 32 years
ago,and have recently decided to expand the family farm. She stated dairy operators are expanding
and modernizing their facilities to support their families and provide a quality product to Colorado
families. Ms. DeHaan stated the costs for animals, materials, and feed have risen faster than the
cost of the product being produced. She stated the proposed dairywas designed with the neighbors
in mind, her son has a degree in Agricultural Engineering,they work hard to keep dust and flies to
a minimum, and she and her husband moved off the existing farm three years ago to allow their
sons to take charge of the facilities. Ms. DeHaan stated she is a member of Colorado Dairy
Women, which raises scholarship money for students in agricultural studies, helping them to
purchase animals,and further promote agriculture in Weld County. She stated DeHaan Dairies also
provide milk and Christmas gifts for Triangle Cross Ranch, which is a home for developmentally
disabled adults in Galeton,Colorado. Ms.DeHaan stated she also volunteers on a weekly basis at
the Children's Hospital,the dairies are supporters of the Boys and Girls Club of Weld County and
her husband was instrumental in starting the milk program. She stated they look forward to ongoing
friendship within the community.
Mr.Haren stated the applicant currently operates two dairies in Weld County; USR#1231,approved
in November 2005, for 4,000 head, and a second 3,000-head site located near the Towns of
Frederick and Firestone,and no complaints have been made regarding either facility. He displayed
an aerial rendering of the site, in which the milking parlor is proposed to be set back 300 feet from
the road. Mr. Haren stated the property frontage will be planted in grass pasture,the calf pens will
be located on both sides of the parlor,the primary pens will be located within the middle of the site,
the feed storage,processing,and wastewater ponds will be located approximately one-half mile into
the property, the manure and compost area sits below the existing feed yard, and the property
slopes east and drops off between the main dairy site and the composting area. He reviewed the
uses in the area and indicated the locations of the adopted growth boundaries of the Towns of Eaton
and Ault. Mr. Haren stated the Weld County Code allows dairies as a Use by Right in the
A(Agricultural)Zone District, not to exceed four animal units per acre,therefore,the subject site is
eligible to operate a 1,575-head dairy by right without formal permits. He reviewed the size of the
facility in relation to other facilities in the area,and stated the applicant chose to request an amount
subject to the USR process, rather than proceeding with the Use by Right. Mr. Haren explained in
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order to make the Use by Right amount economically feasible, the site will house only the milking
cows and the support herd will have to be kept at other locations, creating more sites that are not
subject to many of the permitted regulations. He stated the site selection process includes
reviewing environmental aspects(soil,winds,elevation,geology,groundwater),resources(water,
feed, utilities, roads, proximity to public services), financial and social aspects(service, markets,
quality of life),land use and zoning(within the A(Agricultural)Zone,not within an Intergovernmental
Agreement(IGA), Urban Growth Boundary(UGB),or Comprehensive Plan)and historic use with
proven support of agriculture. Mr. Haren stated there are eight feed yards,two dairies,and a beet
dump within a two-mile radius of the subject site,and he displayed photographs of equipment and
agricultural product sales facilities located along U.S. Highway 85 running through the Town of
Eaton. He stated the site is not within any overlay districts, the soils are described as suited to
limited cropland, which makes it ideal for a dairy, allowing more irrigation water to service the
remaining ground that is better suited for crops. He further stated the topography of the site
eliminates the possibility of stormwater running onto the diary, the ponds will contain water
generated on the site, and there are no surface water features on the property. Mr. Haren stated
the Lone Tree Creek is approximately 7,000 feet east of the site,and Spring Creek is 3,000 feet east
of dairy. He stated State and Federal laws mandate that any precipitation must be collected on the
site,and the plan is reviewed by the County. He stated the ponds are designed for containing all the
storm and waste water,and there is an additional pond located below the manure storage area and
calf huts, designed to contain six months of storage. He further stated runoff concerns will be
eliminated and improved by the design and controls required through this permit. He reviewed the
pond containment amounts, and stated the application exceeds the minimum standards. He
explained they studied the site and found that irrigation induced perch water,which will be eliminated
under the dairy site,consists primarily of shale within the first few feet from the surface. He further
stated the corrals create a barrier with a hardened cap surface and the ponds will be lined.
Mr. Haren stated water will be provided by the North Weld County Water District, in the amount of
90,000 to 120,000 gallons per day, and the applicant will also apply for a deep, non-tributary well.
He stated irrigation water is provided by five permitted wells,and he reviewed the amount of manure
that will be generated,the amount of irrigated land that will be required to distribute the dry manure
and compost, as well as the amount of land necessary to irrigate using the accumulated
storm/wash water contained in the ponds. He stated the applicant has adequate acreage for
dewatering the ponds,anything that is applied must be done at agronomic rates,and theywill keep
detailed records,which will be reviewed and approved in accordance with State and Federal law.
Mr. Haren displayed a diagram of the prevailing winds,which tend to come from the northwest and
west, as well as an elevation chart. He stated the ponds will be seven feet deep,the solids will be
separated before entering the ponds,and the ponds will be dewatered to help eliminate odor. Mr.
Haren stated the pens are designed with a slope to help with drainage to eliminate standing water.
There will be an average of 600 square feet per head,and the pens will be harrowed daily to keep
the animals clean and promote good milk quality. He stated dairies typically do not have dust
complaints due to the lower stocking rates in the pens and different types of feed, and there have
been no dust complaints concerning any Weld County dairies in the past two years. He further
stated the feed area for the subject site will be located in the center of the property; however,they
do not generate dust by grinding hay for the cows, rather, the feed is blended in the feeder box.
Barry Levine, Eaton resident, stated he supports dairies; however, his primary concerns with the
subject proposal are location,noise,traffic,and proximity to the golf course. He stated he can smell
the existing feedlots; however, he knew that when he moved into the area. He stated this is a new
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facility, and houses are being built in the area beyond Weld County Road 39, extending from the
Town of Eaton to the Town of Pierce. Mr. Levine stated the dairywould be better located two miles
east, away from the residential growth occurring along the U.S. Highway 85 corridor.
Karen Burd, Ault resident, expressed concern with the concentration of cattle at the proposed
location, in addition to the existing cattle. She stated excessive dust creates dangerous driving
conditions along Weld County Road 39, and flies are an existing nuisance. Ms. Burd stated she
lives in the country and wants her children to inherit their property. However,there are ten homes
within the Section containing the subject site,in addition to surrounding residents,and this proposal
will alter the lifestyles of many people.
Joe Ritter,surrounding property owner,stated he purchased his property last year,and at the time
of sale,the Realtor indicated the future uses in the area would be residential,as further expressed
by the Planning Commission.
John Nuspl, surrounding property owner, stated he retired, from the Eaton School District as
Superintendent in 2005; however, they chose to remain in Eaton to enjoy the quality of life. He
stated they currently experience odor from existing feedlots,despite the applicant's reference to the
prevailing wind charts that indicate otherwise. He reiterated the sentiments of his E-mail, marked
Exhibit FF, and stated he wants the quality of life in the area to be protected.
Thomas Kruse, surrounding property owner, stated he is a new resident in the area, and he feels
the Board should give strong consideration to the recommendation from the Planning Commission.
He stated approval of the proposal will create a precedent for allowing dairies close to towns which
are trying to plan for the future. Mr. Kruse stated the applicant has made a great presentation;
however, the Board should also consider the impacts on other residents in the area.
Barbara LaBarbara,surrounding property owner,stated she is extremely opposed due to air quality,
traffic, and dangers for school children. She stated a lot of the vehicles on Weld County Road 39
exceed the speed limit, and there is a lot of truck traffic. Ms. LaBarbara stated the area residents
that are opposed to the proposal do not have the resources to hire a professional representative;
however,they also contribute to the same outreaches as the DeHaan family and that has nothing
to do with whether this application should be approved.
Richard Burd,surrounding property owner,stated the Weld County traffic count was not conducted
during the peak agricultural season. He stated this is a historic agricultural area; however, the
historic use is changing. Mr. Burd stated the City of Thornton has purchased 90 farms and the
associated water rights, and that must be factored into how much land is available for the dairy to
spread manure and irrigate. He stated most of the local dairies ship their feed in from outside the
area, and the number of existing USR's is already too high. He stated the existing permit holders
have been fined by the State for various issues,and the existing dairy was approved based on the
amount of surrounding farm land owned by the applicant to serve as a buffer. Mr. Burd stated the
surface water in the area consists of Lone Tree Creek and Spring Creek,which drain 2,500 square
miles,and they have flooded in the past. He stated concentrated truck traffic during the fall causes
severe dust conditions, which will be compounded by an additional dairy. He also expressed
concern with the bridge on Weld County Road 39,which is the proposed primary access to the site.
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He stated the bridge is too narrow for two trucks to pass. In response to Commissioner Jerke,
Mr. Burd stated the bridge is located south of State Highway 14.
Harry Schmidt, surrounding property owner, stated his land borders the DeHaan property on the
north and east. He stated wind is a factor, and the farms are only separated by a road. He stated
the applicant's presentation indicated the site was purchased due to favorable drainage on the site;
however, Mr. Schmidt expressed concern that the site slopes toward his property, the ground is
shale,and drainage from the proposed use will impact his wells. He stated the proposed ponds will
not be adequate to contain all of the drainage, and the irrigation pond from his pivot sprinkler is
located next to the proposed dairy pond location. He further stated a much larger area is needed
for 8,000 head of cattle, there is a significant number of dairies already in the area, and the site
would be better located further east. Mr.Schmidt stated Spring Creek runs under the surface from
Fort Collins to the South Platte River,and he fears it will be contaminated. He stated there are ten
houses within one mile of the site, the Town of Eaton is growing in that direction, and he is
concerned with flies and odor caused by the facility. He stated the area residents acknowledge the
existing uses; however, the Board should not allow further impacts. He also expressed concern
with decreased property values, and stated his property will not be worth much if an 8,000-head
dairy moves in next door. Mr. Schmidt stated he does not like to deny business opportunities;
however,the Board must respect the interests of people already in the area. He stated the applicant
was denied for a property near Fort Collins, and now they are attempting to gain approval at the
subject site.
Troy Hauer, surrounding property owner, stated he owns 160 acres south of the proposed dairy.
He stated he built his home eight years ago, and had to use a crawl space due to very shallow
ground water present at six feet all year long. He stated the subject site is a dry farm, similar to
most of the area that no longer has water for farming. He further stated those who do have water
rights are still concerned for their crops due to limited amounts of water in the reservoirs. Mr.Hauer
expressed concern for the future of his kids and the burden on the taxpayers if the agricultural
properties eventually need to be condemned to provide for future urban growth. (Switched to Tape
#2007-09.)
Virginia Beck, surrounding property owner, stated the main concerns were previously mentioned
and she is opposed to the establishment.
Chris Devera, surrounding property owner, indicated concurrence with the previous comments
regarding odor,quality of life,and traffic on Weld County Road 39. She stated most of the E-mails
were submitted by people who could not attend the hearing,and many thought this had already been
denied by the Planning Commission.
Phil Tidwell,surrounding property owner, stated he owned an agricultural property near the Town
of Ault, which had shares of two wells used to irrigate alfalfa to sell. He stated both wells are
contaminated and are no longer potable. Mr.Tidwell stated the applicant came to the Town of Ault
and requested a 4,000-head dairy; however,the proposal was dismissed when more information
was provided. He stated the operation is also referred to as the Great Western property,therefore,
some area residents do not realize it is the same proposal. He stated the Town of Ault
commissioned samples from a 1904 pump house, and samples were found to be contaminated,
therefore, it is now going to be part of the Town museum. Mr.Tidwell stated the County must start
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working toward restoring potable water by ground source. He stated the applicant's presentation
is evidence of impacts that already exist in the area, which cannot be allowed to continue.
Alice Anderson,surrounding property owner,stated she lives one-half mile from the subject site,and
she urged the Board to deny the application. Ms.Anderson stated she understands that the land
is zoned for approximately 1,500 cattle as a Use by Right, and that is acceptable. She stated she
moved into the area to enjoy the agricultural lifestyle; however, there is already a large number of
dairies and feedlots which generate dust. On the contrary,this proposal was not pre-existing and
is not supported in the area. She stated her husband managed feedlots in the area for 30 years,
and no matter how hard theyworked,they still had a difficult time managing the nuisance conditions.
Dr. Bruce VandeSteeg stated he supports the DeHaan family. He stated the applicant's engineer
can address the concerns that have been presented,and the Board must supportagriculture in this
area. In response to Commissioner Jerke, Dr. VandeSteeg stated he is a Veterinarian and
nutritionist.
Louise Booth,surrounding property owner,stated most of her issues have already been addressed.
She stated she has seen many feedlots come and go, and it appears there is no way to control
odor,flies, etcetera. She stated she has lived in the area for 42 years,and there are certain times
of the year when she cannot see out her window as a result of all the flies on her screen. Ms.Booth
stated she endures the dust,odor,and flies,and contrary to the applicant's presentation,the wind
comes from all directions and dust permeates the air from all the animal facilities. She also
expressed concern with traffic, noise, and trash along the road. Ms. Booth stated she was never
contacted by the applicant, nor did she receive notice from the County. In response to
Commissioner Jerke, Ms. Booth stated she owns the adjacent property under her business. Ms.
Hippely stated Ms. Booth's personal property is at the intersection of Weld County Road 39 and
State Highway 14, which is beyond the 500-foot notification boundary.
Chair Long recessed the matter until 1:30 p.m.for lunch. Upon reconvening, Mr. Haren continued
the applicant's presentation. He stated cleanliness is the number one factor in controlling pests,
therefore, the feed bunks are kept flat for easy cleaning, the pens are harrowed daily, and
composting kills fly larvae. He stated dairies are inspected and strive to obtain a Grade A
Certification for promotion of their product and the health and production of the animals. He stated
mortalities are kept out of site and removed by a rendering service. He further stated the noise is
limited to 70 decibels during the day and 65 decibels at night, and the lighting around the milking
parlor should not impact surrounding properties because it is setback 300 feet from Weld County
Road 39, is separated from Weld County Road 80 by the distance of a half-pivot sprinkler system,
the ponds are one-half mile from Weld County Road 41,and the existing feedlot is adjacent on the
north. Mr. Haren stated Weld County Road 39 is paved,there is 60 feet of right-of-way,the speed
limit is 55 miles per hour,and the average daily traffic count reported in 2004 was 771 vehicles per
day. He stated the site distance from the facility entrance is 550 feet,there will be two or three milk
trucks per day,and the proposal is for three shifts with 12 to 15 employees each. Additionally,there
will be three to five deliveries per day, and the harvest traffic will be seasonal. Mr. Haren stated
property uses are directed to appropriate Zone Districts, and special permits are granted if
appropriate criteria and regulations are met. He stated through this process thirteen referral
agencies were contacted, there are health and safety plans which have been reviewed and
approved and conditioned, and the Use by Special Review Permit creates County control and
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enforcement, if necessary, security for the community, and certainty for the DeHaan family. He
reviewed the County definitions of"dairy,""farm,""ranch and garden buildings and uses,""farming,"
and "livestock confinement operation" for the record. He also reviewed the intent of the
A(Agricultural)Zone District in Section 23-3-10 of the Weld County Code, and noted it is the only
District where the proposed use is allowed,and the application meets the intent. Mr. Haren stated
the proposal meets Sections 22-2-50.Aand 22-1-60.C,in that it is in close proximity to a community,
it is situated on productive agricultural land that borders a municipal center,and there are eight feed
yards, two dairies, and a beet dump mixed among other uses. He stated the site is not within the
Town of Eaton's adopted UGB, IGA, or Comprehensive Plan areas. He stated the Town of Eaton
initially indicated it had no conflicts with the proposal; however,due to political pressure,the Town
withdrew that referral response. He further stated the site is 1.5 miles from the currently recognized
boundary for the Town of Ault,although the Town has indicated it is considering extending its UGB
to Weld County Road 39, adjacent to the site. Mr. Haren stated the area is not included because
it was intended to remain in agriculture, and he displayed photographs of the Towns of Eaton and
Ault from the site. He stated the Hawkstone Subdivision is 1.75 miles from the site, and the dairy
will not be visible from the Subdivision. He further stated the Eaton Country Club is not within
municipal limits,rather,it is zoned A(Agricultural)in unincorporated Weld County. He noted the site
is 1.6 miles from the Country Club, and there is an existing feed yard situated between the two
properties. Mr. Haren stated the Eaton Country Club is trying to recruit new members; however,
many of those prospective members will pass nine animal feeding operations coming from Fort
Collins,and he displayed photographs of existing, permitted uses along the route to demonstrate
the types of uses in the area. He also referred to the Saddleback Golf Course,which is surrounded
by agricultural operations,and he stated there is also a golf course near one of the DeHaan dairies
in the Frederick/Firestone area. Mr. Haren displayed digital renderings of what the dairy parlor will
look like from various viewpoints surrounding the property. He stated the existing rules and
regulations will protect the interests of the applicant and surrounding property owners. He stated
five properties have been bought and sold since the Hirsch Dairy was permitted, and he reviewed
the sales amounts for the record. He also referred to the Aurora Dairy west of the Town of
Platteville,and noted three properties and a subdivision were built after the dairy was in place. Mr.
Haren proceeded to provide sales comparisons for properties surrounding other dairies in the
region,which indicated property values did not decrease,and that there are people who are willing
to live among animal feeding operations, and that they pay to do so. He stated the Right to Farm
Statement will be required on the plat,and he displayed a map showing Recorded Exemption lots
that have the Right to Farm Statement on their plats. He stated the A(Agricultural)Zone District
accepts and protects agriculture,while allowing co-existence with residents that choose to locate
in the A (Agricultural) Zone District. He stated the Weld County Comprehensive Plan protects
agriculture and makes provisions to ensure its continuation. He further stated the ability to split off
land is an important financial aspect of agriculture,and the Town of Ault has not adopted a growth
area that extends to Weld County Road 39. However, if it does, the site will still be out of the
boundary. Mr. Haren continued to review the various developments that were built following the
existence of a dairy,and he summarized his presentation by stating the proposal is in compliance
with the approval criteria of Sections 23-2-230.B.1-7 of the Weld County Code. He stated the Weld
County Comprehensive Plan recognizes there are changes in development in the area; however,
it also recognizes the importance of agriculture in Weld County. He stated Section 23-2-230 states
the Board shall approve an application if the proposal meets the seven criteria. He noted the USR
permit allows control for the County,security for the community,and certainty for the applicant. He
further stated it will be localized where similar impacts already exist, and allows enforcement, if
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necessary. Mr.Ha ren stated the applicant operates two dairies in Weld County,they have received
no complaints,they gave a lot of consideration to the site selection,dairies keep feed yards alive,
and the perishable product must get to the market daily.
Josh Bailey, surrounding property owner, stated he submitted a letter of support, included with
Exhibit CC. He stated they will provide an economic benefit to the rural economy by purchasing
feed from the local farms within 15 miles of the site. He stated the local small businesses benefit
from the purchases of dairy families and their support staff, as well as the service entities that will
be involved with the construction of the dairy. He stated the applicant has invested time,money,and
effort to create a quality presentation, the proposal will protect the ground water, and facility
operations will control odor,dust,and pests. Mr.Bailey stated the site is in the A(Agricultural)Zone
District,the applicant has considered the interests of nearby land owners by choosing to design the
site with modern materials and equipment. He stated Weld County is based on agriculture,and the
facility will join an existing cattle operation that has been there for 20 years. He further stated he is
a supplier for the DeHaan family, which has been in business for five generations, and currently
operates two,well-managed dairies. He stated the DeHaans will be good neighbors and give back
to the community. Mr. Bailey stated the proposed composting will reduce flies, odor, and pests.
He stated he personally lives within close proximity of two feed yards, yet he has experienced a
significant property value increase. He stated 70 percent of his business is supported by dairies,
and the remaining 30 percent is supported by feed yards, so approval of the request is in the best
interest of his business and the livelihood of his employees. He further stated approval will allow the
applicant to operate according to the established regulations and controls.
Bruce Johnson, Real Estate broker, referred to a letter he submitted, included with Exhibit CC,
which he read for the record. He stated agricultural uses should be in the A (Agricultural)Zone
District, and residential development should be in residential areas, with some overlapping. He
reviewed similar surrounding uses that are near, but not within, a Master Plan or municipal
boundary. Mr.Johnson stated there are no plans to change the zoning surrounding the proposed
site,the proposed dairy will be more sanitary than a feedlot,and it will not create the issues of dust
or odor. He stated the air movements are seasonal, and typically the odor moves with the wind
away from the towns. He further stated the Department of Public Health and Environment has
jurisdiction and enforcement control over the issues of concern raised by some of the surrounding
property owners.
Kurt Peschel,surrounding property owner,stated he owns a dairy,and he believes agriculture and
the dairy industry are important for Weld County. He stated dairies are only able to continue by
expanding,using modern techniques. Mr. Peschel stated quality dairies are cleaned frequently,they
compost the manure,and strive to be good stewards of the land. He stated Colorado ranks number
one in the nation for milk production, per cow, and the land is well suited to the use. He stated he
supports the proposal, and the DeHaan dairy would be an asset to the community. In response to
Commissioner Rademacher, Mr. Peschel stated his dairy is located 3.5 mile southeast of the Town
of LaSalle, on Weld County Road 39.
Bryan Mergen stated he is an animal health consultant residing in Wellington,Colorado,and he does
not work with the applicant. Mr. Mergen stated he is encouraged by the recent approvals of
agricultural operations, and the cow in the County seal is an important symbol of Weld County's
heritage. He stated the applicant could develop the site as a Use by Right and avoid the costly
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review process; however,they have chosen to request a higher number of animals to cover the cost
of designing a site with modern improvements. Mr. Mergen stated the testimony from some
members of the community indicates many want the area to grow, yet they do not want things to
change. He stated the DeHaans have asked for input from the neighbors,which made the proposal
better,the proposed technologywill make a significant improvement,and he supports the operator.
William Wailes,CSU Department of Animal Sciences Extension Specialist,stated he is also a dairy
farmer. He stated Weld County is the largest dairy county in Colorado and is ranked 21st in the
nation. He stated Colorado is ranked first in the nation, producing more milk per cow. Mr. Wailes
stated the dairy industry is growing in Colorado because the State is in a milk deficit, consuming
more milk than is produced. He stated with the County's oversight and professional expertise,the
dairies are working to be good stewards of air and water quality. He further stated the dairy industry
is the second largest agricultural industry in the State, and Weld County is important in supporting
and balancing the various types of animal agriculture with growing communities. Mr.Wailes stated
the benchmarks and standards are higher in Colorado,which works to eliminate potential problems,
and research has been used to improve dairy facilities to create an environment that is ideal for the
animals. He stated he personally went through the same review process, and he feels the permit
is beneficial in providing clear rules and regulations for the dairy operatoras they continue to operate
their dairy.
John Adams,Greeley resident,stated he has been associated with dairies for the past 16 years as
a principal and dairy specialist. He stated he has observed the dairy industry during its evolution,
which has been based on consumer demand. Mr.Adams stated dairy farmers must fully employ
their assets to produce a high-quality product at the least cost,which means milking more animals
365 days a year. He stated at Dairy Specialists they design facilities, and install/service milking
equipment and waste management systems. He stated Weld County has been ranked as one of
the top two or three dairy producing counties in Colorado due to the use of computers and advances
in technology. He stated the increased size of dairies has also required advancements in
developing waste management systems,allowing the facilities to locate near the necessary support
services. He stated 80 percent of the State's milk comes from within a 75-mile radius of the City
of Greeley,and each of the dairies requires parts,suppliers,etcetera,within close proximity of their
facility. Mr. Adams stated this is an agricultural area, and the proposed dairy should be able to
co-exist with current uses due to the available technology,while protecting their assets by following
the rules.
Tom Jenkinson, Lafayette resident, stated he retired after spending 40 years marketing dairy
products. He stated he was the Executive Vice President of Dairy Management, Inc., which is a
national organization for the local Dairy Council. He stated he managed the local Dairy Council for
26 years in Colorado,and he currently serves as a senior consultant for both the local and national
organizations. He further stated there have been many changes in the dairy industry during the
past 26 years. He stated in 1980, Colorado had 800 dairy farms and 79,000 dairy cows, and the
State still had to ship milk in from other states to fill the fluid milk plants,resulting in a very high retail
cost. Mr.Jenkinson reviewed the industry history,and stated the State currently has 150 dairymen,
who are the best producers in the nation. He stated the producers know how to care for their cows
and the environment. He stated dairy farmers of the future have a large investment in their
promotion programs,theysupportthe Dairy Council,and they believe in supporting their community
and their employees. He stated the employees are trained in the latest techniques of animal care,
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they create a modern infrastructure that is more environmentally sound, and the quality of milk
produced in Colorado is a tribute to dairy families like the DeHaans. He further stated a former
employer and Ault dairy operator, Hiroshi Tateyama,once told him he helped fund and establish the
Eaton Country Club,and Mr.Jenkinson stated the Eaton Country Club should embrace that heritage
and the current dairy operators in the area.
Jerry Hanley stated he owns a business called Hammer Skill Homes, and he opposes the new
dairy. He stated he currently lives 2.5 miles southeast of the Hirsch Dairy,which is very clean and
organized,yet some days it generates dust and odor caused by an inversion of air rather than wind.
He stated that amount of particulate in the air is uncomfortable. Mr. Hanley stated he wants to build
approximately 28 houses in the Hawkstone Subdivision; however, the location of the proposed
8,000-head dairy will have a negative impact on the potential purchases.
Bill Hammerick, Executive Officer of the Colorado Livestock Association, stated during the last
decade the Association has been working with the Colorado Department of Public Health and
Environment(CDPHE)to develop environmental standards and regulations for Colorado that are
consistent with federal requirements and assure environmental protection through a rigorous
permitting process. He stated once the permit is certified,there are controls to ensure continued
performance. Mr. Hammerick stated surface water is protected by State and Federal regulations,
and compliance is monitored by the Environmental Protection Agency(EPA)and the CDPHE. He
further stated Colorado groundwater is protected through regulation and compliance provisions
which must be certified by a professional engineer and are further inspected by the EPA and
CDPHE through routine testing, monitoring,and record keeping of all operations. Mr. Hammerick
stated the regulations apply to all dairies with more than 700 head of mature cattle, and the State
of Colorado also requires inspections for sanitation,flies,and cattle care. He stated the Colorado
Livestock Association supports the application because it meets, or exceeds, environmental
standards and it was designed with the future in mind.
Ivan Steinke, Hawkstone Subdivision resident, stated he chose to live in Weld County and
purchased their home,because he wanted their children to experience an agricultural lifestyle. He
stated in his commute south to work he sees various types of businesses; however, his wife
commutes north and passes many agricultural operations. Mr.Steinke stated the area is well suited
for agriculture, and Colorado ranks third in dairy production and eighth in sales in the nation. He
stated the Town of Eaton has prospered as a result of agricultural uses. He further stated the
combination of good soil, water, and climate make the cropland ideal for growing corn and hay,
which makes the area an ideal location for animal feeding operations. Mr.Steinke stated he has not
experienced the adverse impacts of the surrounding animal facilities,and his residence is 2.5 miles
from the site. He stated the slope offers a great view of the mountains and a visible separation from
the subject dairy site. He further stated the Hawkstone Subdivision used to be a field surrounded
by agricultural uses,and he feels the DeHaan family should be allowed to develop their land with a
dairy, just as the owner who developed the Hawkstone Subdivision.
Barry Payant, President/Developer of the Hawkstone Master Association, stated he and the
Association Board are opposed to the application. He stated although the dairy is not visible from
the Subdivision,there are many similar uses in the area that cause unpleasant odor. He stated wind
often comes from the north, he has numerous lots left to build,and he referred to the City of Greeley
which has been taking action to mitigate and deal with the negative impacts of similar agricultural
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uses. Mr. Payant stated the Association has not received any calls of support for the dairy, and
there are 280 residents with a total of 355 lots. He stated the opposition is not personal; however,
he does feel the location is inappropriate.
Sharon Sullivan,Town of Ault Clerk/Treasurer,stated the Town of Ault is opposed to the applicant's
request because they intend to extend the Urban Growth Boundary to Weld County Road 39. She
stated the Town applied fora grant to update its Comprehensive Plan and extend the Urban Growth
Boundary one mile in all directions. Ms. Sullivan stated the Town of Ault has always embraced
agriculture;however,there is concern with the magnitude of the proposal and the potential adverse
impact, which they do not feel is in the best interest of the Town.
Angela Hauer,surrounding property owner, stated she owns a land development company called
Terra Firma Landworks. She stated her company developed Neville's Crossing,which is located
on 37th Street,the land was purchased six years ago,they have since developed 82 acreage lots,
and it is very close to the Wiedeman Dairy. Ms.Hauer stated at the same time they also purchased
a piece of property on the west end of the City of Greeley,and she reviewed the appraisal amounts
on the two properties indicating people will live bya dairy;however,there is a substantial difference
in the value of the property. She stated the only factor that separates the value of the two farms is
the presence of the Wiedeman Dairy. Ms. Hauer stated there are very few farms in the area that
still have wells, rather, they get irrigation water through ditches, and many are selling the water
shares because they are so valuable. She stated if only a few landowners keep their water shares,
there will not be enough water bulk to get it delivered. She further stated the infrastructure has been
provided by the taxpayers,and she feels the improvements should benefit a majority of people not
just one landowner. Ms. Hauer read Section 22-2-120 of the Weld County Code for the record,and
stated although the subject site is not in a recognized growth boundary, it is in a growth pressure
area that is experiencing growth. She stated this is a residential corridor, including a 155-lot
community, the Eaton Country Club, and a community park, all within 1.5 miles of the proposed
dairy. She further stated a precedent has been set for residential development,and the Board must
make consistent land use decisions to avoid future conflict. Ms.Hauer also read Section 22-2-160
(A.Policy 3)and stated she is not opposed to the applicant establishing a dairy as a Use by Right.
She stated a similar proposal was heard by the Planning Commission for an 11,000-head dairy
expansion located two miles further east of the subject site, and there was no opposition. She
stated in this case the neighbors are not opposed to the dairy, rather, they are opposed to the
proposed location. She stated if the applicant wants 8,000 head of cattle, they should purchase
more land because the proposed density is similar to an industrial use. She stated the
infrastructure is more suited for residential, and there is adequate infrastructure further east and
north that is suitable for the proposed size of dairy. Ms. Hauer stated the applicant's business plan
does not allow for the purchase of enough land,which results in a proposal that will be a burden on
the existing community. She stated the tax dollars should go toward improvement of the
community, not toward the betterment of one facility.
Lance Nichols, surrounding property owner, stated he owns and operates a feedlot north of the
Town of Severance. He stated they have been feeding beef cattle for the past 50 years, and last
year he chose to start feeding/raising Holstein heifers and bulls for the applicant. Mr. Nichols stated
the DeHaan family has a great reputation,they grow some of the feed used at his feedlot,and this
new business venture has allowed him to keep his five full-time employees. He stated he has
visited the two existing DeHaan dairies and they are well operated. He stated the applicant spends
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a lot of time visiting new dairies around the nation to get familiar with new technology. Mr. Nichols
stated he supports the DeHaan dairy because it gives him an opportunity to sell his commodities
and continue his way of life. He stated CSU data indicates the salaries of an agricultural producer
revolves through the community 22 times, whereas, the wages of an employee of an urban
business only turns around seven times in a community. He stated the income from the DeHaan
dairy supports nine other people who are in attendance.
Chair Long requested a ten-minute recess. Upon reconvening,Ray Sagehorn,surrounding property
owner, stated he supports the plan presented by a quality family. He stated he is a large animal
veterinarian who works primarily with dairies. He stated the technology is constantly changing,and
new facilities have a huge advantage with increased cleanliness which improves the health of the
herd. Mr. Sagehorn stated the proposed facility is an example of the applicant's high quality
standards. He stated the pens are kept dry and clean to limit and amount of pests, and the clean
environment decreases disease and infections, which increases production. He further stated
dairies have minimal odor, insect,and pest problems. He stated he visits various facilities,and as
the technology improve,s the larger operations have less pest problems. He stated the applicant
will not tolerate an ill-managed facility,they will be good neighbors,and he supports the project as
an improvement for the animals, the surrounding towns, and Weld County. Responding to
Commissioner Garcia, Mr. Sagehorn stated he does serve at the other DeHaan dairies.
Craig Sitzman stated he is 16 years old and farms 300 acres on his parents farm. He stated one
half of his crop is sold to the applicant for feed, his father farms another 1,000 acres, and his
production also goes to the DeHaans. Mr. Sitzman stated the proposed dairy will benefit the
community and make them proud.
Les Hardesty, surrounding property owner, submitted a packet, marked Exhibit DDD, providing
statistics of the Colorado dairy industry. He stated he is the Chair of the Marketing Board of
Directors for the Dairy Industry, and Chair of the National Dairy Board. Mr. Hardesty stated he is
a native of Colorado, he has lived in the Town of Eaton for 17 years, his kids attend the Eaton
schools, they buy grain from the local grain elevator in Eaton, their feed trucks are manufactured
in Eaton,they patronize the hardware store for parts,he attends meetings at the Eaton County Club,
they acquire internet access from a business in Eaton,and they also patronize various restaurants
and banks in the local community. He stated Weld County is very dependant upon the purchases
of dairyoperators,and dairies are businesses run by families,which like any business must change
to survive. He further stated Colorado is ranked first in production, per cow, in the nation, and that
only happens when the cows are cared for. He referred to Exhibit DDD, showing a map of dairies
located in Colorado, and noted most are situated along the 1-25 corridor north of Denver. Mr.
Hardesty stated the diary industry is growing approximately eight to ten percent each year, the
existing processing facilities are close to being maxed out, and it is likely that a new processing
facility would consider locating near the concentration of dairy farms. He stated 62 percent of the
State's milk is produced in Weld County,therefore,Weld County appears to be the best location for
building a new plant.
Mitch Anderson, Greeley resident, stated he has lived in the area for 19 years and has worked as
the AgLand Manager. He stated he met the DeHaan family when they became members of the
cooperative, which has 4,000 members that provide services in the region. Mr. Anderson stated
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AgLand employs up to 200 people in the agricultural sector, and the Eaton community is the
headquarters for AgLand business.
Rick Taylor, Wiggins resident, stated he supports the project. He stated he is a contractor who
work on dairies and other agricultural uses. Mr. Taylor stated agriculture is a vibrant part of the
community and he supports the proposal.
Maureen Martin, surrounding property owner, stated the DeHaans are a quality family and quality
milk producers; however,she lives on eight acres adjacent to the proposed dairy site and she feels
flies will create a large nuisance on her property if this application is approved. Ms. Martin stated
the proposal will not be an asset to her family, and the effects will impact the residents in the
immediate area, not those from around the state that support the applicants.
Ken Lind, Attorney, stated he heard about the proposal through the North Weld County Water
District;however,he is testifying as a Weld County resident,not on behalf of the Water District. Mr.
Lind stated his legal firm has the largest agricultural representation in Colorado,and he understands
that infrastructure is an issue. He stated he supports the application. He explained Recorded
Exemptions and Planned Unit Developments located in the Eaton area are generally developed at
the cost of the citizens of Weld County to provide services. He stated there is no adequate
infrastructure for the so-called residential corridor, and dairies are a very important component to
rural delivery systems, such as the North Weld County Water District. He stated large agricultural
operations are vital in helping keep water delivery costs low in surrounding communities. He further
stated any subsequent dairy operation that comes into the area will have to meet the high quality
standards that are being set by the proposed application. Mr. Lind stated many of the previous
family operators have left because beef production is no longer a family operation; however, the
dairy industry is still a viable family farming operation, as well as feed stuffs. He stated the dairy
operators operate at a high dollar/high volume in order to produce a high quality product. He stated
the Use by Special Review Permit mechanism is designed to consider larger operations, and
Section 22-2-230 of the Weld County Code states they must approve the applicant if the Board finds
the applicant has met, or exceeded,the criteria. Mr. Lind noted Weld County is ranked first in milk
production,and first in real estate foreclosures, indicating which economy is important in the region.
Tim Magnuson, surrounding property owner, stated he farms the land situated between the
Hawkstone Subdivision and the Town of Eaton. He stated he is a 5th generation farmer, and his
great grandfather was a Weld County Commissioner in 1949. Mr. Magnuson reviewed the various
developments in the Eaton area,and noted they are not developing quickly. He stated local dairies
will provide potential for selling his crop in the local market. He further stated many of the opponents
chose to live in the country, they were not forced to come to the agricultural area.
Dan Haythorn,surrounding property owner,stated he farms land located at Weld County Road76
and U.S. Highway 85 and at Weld County Road 72 and U.S. Highway 85. He stated one farm has
been in the family for over 60 years and the other for over 100 years. He stated many farmers his
age want to remain in agriculture; however, agriculture needs to remain an integral part of Weld
County, as it has in the past.
Jim Wambolt,surrounding property owner,stated he was born on a dairy near the Town of Windsor,
and he has been a Weld County resident for 55 years. He stated he is not opposed to dairies;
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however, he is opposed to the placement of the subject facility. Mr. Wambolt stated he has lived
in the area for 16 years,during that time 300 to 400 houses have been built,and he feels the dairy
would be better located three miles further east. There being no further comments, Chair Long
closed public testimony.
Mr. Haren stated the applicant reviewed numerous sites and gave considerable thought to site
conditions, such as soils, plans for the future, and compatibility. He stated they understand the
concerns regarding incompatibility,and they have tried to address them from an engineering and
technical standpoint. He stated the proposal is for a dairy, which is a specific use defined in the
Weld County Code and only allowed in the A(Agricultural)Zone District. He stated the County
allows for the division of agricultural lands, and the application meets all seven Code criteria. In
response to Commissioner Jerke, Mr. Haren stated the farm is not dry, and they are taking
advantage of the available water by reducing the amount of acres that will be irrigated,and placing
the dairy on ground that is not good for farming anyway. He stated there are five well permits
attached to one 1972 decree,and most of the water from the North Weld County Water District tap
will become milk that will be shipped off the site. Any remaining wastewater will be stored in the
lagoons,and there is adequate cropland for dewatering. Mr.Haren stated the engineers have tested
the water and the soil, and the remaining area is good irrigated farmland. He stated the wells will
produce up to 650 gallons per minute combined,and the augmentation plan or source is in the New
Cache system. He stated there is a full pivot sprinkler in the northeast corner, the small pivot
sprinkler in the northwest corner will be removed, and there is a half-circle pivot sprinkler in the
southwest corner that will remain. He stated they plan to double crop with dryland crops and
varieties that use less water and utilize the available nutrients rather than using traditional farming
methods. Responding to Commissioner Masden,Mr.Haren stated the ponds are lined sized to take
advantage of evaporation,they will use low pressure irrigation systems,and they will take weather
conditions into consideration. He stated the proposed system makes it very easy to cease irrigation
if the weather system changes. He further stated they use spraying around the milk parlor and set
bate to control flies. Mr. Haren stated the milk inspectors look for flies, therefore, the applicant
intends to have a well-groomed facility, they will harrow the pens and spray to avoid flies, and the
compost piles will be sprayed and turned to eliminate larvae. He stated the new facilities have an
advantage over smaller facilities that are not well designed and struggle with the fly and odor issues.
In response to Commissioner Garcia, Mr. Haren stated the lighting will be primarily around the
milking parlor,on transfer alleys where the employees bring cattle to and from the pens,and in the
center of the feed area near the commodity building where feed is mixed, and the special needs
area(hospital and calving area)will have low intensity lighting to do veterinary work. He stated there
is no reason to direct light off the property,and the application includes cut sheets to show the type
of shielding that will be used around the lights. Responding to Commissioner Rademacher,
Mr. Haren stated although the compost area is designed to compost all the manure from the dairy,
the facility will likely only compost one-third of the manure,with the remaining manure delivered to
local farmers. He stated the applicant has made delivery arrangements with local farmers and
composting facilities. He further stated there is a lined retention pond specifically for the manure
storage area,and it will contain three acre feet. In response to Chair Long, Mr.Haren stated he has
been in the agricultural consultant business for 15 years and his experience indicates the best way
to manage odor is to keep the solids out of the ponds using a large expensive separation system
and allowing bioactivity to treat the water. He stated the second factor in reducing odor is to keep
the pond levels low or keep the water circulating. He stated Spring Creek has a large drainage to
the north,and there was a court case regarding a pond north of the site. He stated the Spring Creek
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drainage is cut off at State Highway 14, and starts a little further down the ridge. (Switched to
Tape#2007-10.) He further stated there are some facilities in the area that have had discharges;
however,this facility will be regulated as a Confined Animal Feeding Operation,and must contain
all stormwater runoff. Mr. Haren stated the site is not in the floodplain, and the dairy will remove
additional land area from the drainage basis and resolve some existing problems with facilities up
gradient.
In response to Chair Long,Mr. Haren stated he has worked with staff and they are in agreement with
the modifications proposed by Ms. Hippely. The Board indicated agreement with the proposed
modifications. Chair Long thanked the applicant for working through the issues prior to the Board
making a decision.
Commissioner Jerke commended Mr. Haren and the applicant for putting together a quality
application, and he stated the testimony from the neighbors and industry professionals has been
very helpful. He stated the Board must consider the future of Weld County,and the Comprehensive
Plan does promote the continuation of agriculture. He further stated although Weld County is
experiencing a large amount of residential growth, he does not feel ten houses within a 360-acre
Section designates the area as primarily residential. Commissioner Jerke stated the current level
of foreclosures indicates there is not the level of jobs necessary to support the housing market. He
stated the Board must also consider the highest and best use of the land. He stated 650 gallons
of water per minute is much less than what was required to run the farm in the past; however, the
proposed plan will make good use of the water that is available. He stated the area is going through
a slow transition toward more municipal ownership of water and land and land use applications.
CommissionerJerke stated small dairies are no longer economically viable,and this appears to be
an ideal proposal by allowing a more intense agricultural use that does not require as much water.
He stated the primary group of opposition resides in a subdivision that is located 1.5 miles away,
and based on personal experience he does not feel those residents will be impacted on a regular
basis. He further stated the dairies currently operated by the applicant have not had any violations,
and they are also located in rapidly growing areas, which suggests they are a good operator. He
stated denial of this proposal would not resolve the question of what type of land use is appropriate
in a region that is partially dried up, and the dairy meets all of the required standards and
requirements for this type of land use change.
Commissioner Masden concurred,and commended the applicant and the members of the public
for providing testimony. He stated he lives near the Town of Hudson where there are many small
dairies and the related problems of flies, odor, and dust. He stated this proposal will increase the
intensity; however, it will also increase the efficiency and resources with better waste handling
plans. He further stated Weld County is one of the top non-citrus agricultural producers in the
nation,and many operators are trying to work with the neighboring municipalities and neighbors to
reduce impacts. He stated expansion of the dairy will help the applicant diversify and continue as
a family operated farm. Commissioner Masden stated the applicant has tried to work with the
neighbors and take all of the issues into consideration. He stated the existing DeHaan dairies have
received no complaints, and a good track record is important in considering an expansion. He
further stated Colorado is trying to bring in more dairies, ethanol plants, and other diverse uses to
promote the agricultural industry. He stated this is a good application,they are good operators,and
he is in favor of the proposal.
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Commissioner Rademacher concurred with the previous statements,and stated he is finding that
land use is a very emotional issue. He stated he is very familiar with the agricultural industry and
lives within one-half mile of the Aurora Dairy. Commissioner Rademacher stated dairies do not
produce the dust associated with feed yards because they keep the pens clean to promote animal
health, which is their livelihood. He stated southwest Weld County has one of the largest
developments near a dairy, which does not appear to be impacting property values and has
generated no complaints. He further stated the technology used on older farms is very different
from what is currently being proposed,this appears to be very compatible with existing uses in the
area, and he supports the request.
Commissioner Garcia stated he tries to keep an open mind when considering a land use case. He
stated he does not even drink milk, and did not grow up on a farm. He stated he has heard the
concerns of the surrounding community, and he considered the question "Would you wish to live
next to a dairy?"Commissioner Garcia stated he heard differing comments from the residents in
the Hawkstone Subdivision,and he also learned from the applicant's presentation that he does live
within a three-mile radius of a dairy and was not aware. He stated he was impressed by the
Veterinarian's testimony indicating the good conditions found at the DeHaan facilities versus others
that are not well kept, as well as the scientific aspects of the report, therefore, he supports the
application.
Chair Long stated the public testimony gives the Board insight into what is happening throughout
the County,and they must weigh the concerns and emotions of the surrounding residents with the
aspects of the proposal. He stated denial of the application could still result in 1,500-head dairy,
which would not afford the level of technology required to make it a better facility. He stated 3,000
milking cows does require a Use by Special Review Permit, which results in more beneficial
impacts for the region. Chair Long stated most of the testimony revolved around the negative
impacts of feedlots,and there is a drastic difference between the two types of uses. He stated the
applicant will be required to adhere to the CAFO regulations, it will be a quality operation, produce
more milk,and limit complaints from the neighbors. He stated some of the public testimony referred
to property valuations; however, they are many factors that must be considered when comparing
properties located on opposite ends of the City of Greeley. He stated he lives in eastern Colorado,
and his wife grew up in Wiggins, Colorado,which is a small town surrounded by dairies, and they
do not get complaints. He stated if the applicant does not comply,there are enforcement measures
to remedy the problem. He further stated poor operations are made better when enforcement
measures are taken. Chair Long stated the Planning Commission recommended denial,however,
often changes occur between the hearings to improve the proposal and mitigate issues before a
case comes before the Board. He stated there is a list of changes that the applicant has agreed
to, and must abide by. He stated the Board reads all of the testimony submitted at the Planning
Commission hearing and takes it into consideration. He stated Weld County is growing, and by
virtue of having another dairy,it will be able to draw more value from related operations. He further
stated the large industries help offset the rise of property taxes, as well as benefitting related
businesses.
Commissioner Masden moved to approve the request of Margaret DeHaan for a Site Specific
Development Plan and Use by Special Review Permit #1583 for an Agricultural Service
Establishment, including a Livestock Confinement Operation(dairy operation with a total of 8,000
head),in theA(Agricultural)Zone District,based on the recommendations of the Planning staff,with
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the Conditions of Approval and Development Standards as entered into the record. His motion
included the amendments submitted by Ms. Hippely, marked Exhibit W, to be renumbered or
relettered as appropriate. The motion was seconded by Commissioner Jerke, who also made
findings that the application is consistent with the provisions of Sections 23-2-230.B.1-7, and it
carried unanimously. There being no further discussion, the hearing was completed at 5:10 p.m.
This Certification was approved on the 9th day of April 2007.
APPROVED:
It "' ��®�r R COUOF COUNTY
OLORADO COMMISSIONERS
ATTEST: ! ' • ra k r
1 4a-AF `= id E. Long, Chair
Weld County Clerk to the B. i
•;�'1\Ais/ " LI. , {- It"-
By: i'u 7 `(,YJ •",..1•� Wiilllia H. rk , Pro-Tem
De t Clerk the Board
/
W' ' F. Garcia
TAPE #2007-08, #2007-09, and #2007-10 R. 1\c
Rob D. Masden
DOCKET#2007-18
Dougl s Radem her
2007-0942
PL1878
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1583 - MARGARET DEHAAN
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 12/05/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
03/12/2007
F. Applicant Letter re: Items Prior to Scheduling, dated
02/27/2007
G. Applicant Two Plat Maps
H. Applicant Memo re: Public Works requirements, dated
02/16/2007
I. Applicant Water Service Agreement with North Weld
County Water District Enterprise, dated
02/21/2007
J. Applicant Cut Sheets for proposed lighting, dated
02/19/2007
K. Applicant Letter from Woodrow and Sobel, P.C, for
Anadarko Land Corporation, dated
11/03/2006
L. Applicant Letter to Woodrow and Sobel, P.C. re:
purchase of mineral acres, dated
01/19/2007
M. Planning Staff Referral from Town of Eaton, received
12/19/2006
N. Greg Maack Letter of Opposition, dated 03/20/2007
O. Planning Staff Certification and Photo of sign posting
P. Jim and Cindy Wam bolt Letter of Opposition, dated 03/25/2007
Q. Ann Aron Letter of Opposition, dated 03/26/2007
R. Marvin Johnson Letter of Opposition, dated 03/27/2007
S. Barbara LaBarbara Letter of Opposition, dated 03/28/2007
T. Edwin and Billie Lesh Letter of Opposition, dated 03/28/2007
U. Donna Groves Letter of Opposition, dated 03/28/2007
V. Gary Svoboda Letter of Support, dated 03/29/2007
W. Jeff Groves Letter of Opposition, dated 03/29/2007
X. William Cooper Letter of Opposition, dated 03/28/2007
Y. John and Patti Watson Letter of Opposition, dated 03/27/2007
Z. Hawkstone Development, LLC Letter of Opposition, dated 03/27/2007
AA. William Wailes, CSU Animal Sciences Letter of Support and Flyer, dated
03/30/2007
BB. Public Works Staff Referral addition, dated 03/09/2007 (Filed
with Referrals)
CC. Applicant Representative 53 Letters of Support
DD. Allisen Brisben Letter of Opposition, dated 04/02/2007
EE. Ken and Mary Vance Letter of Opposition, dated 04/02/2007
FF. John and LouGen Nuspl Letter of Opposition, dated 04/02/2007
GG. Les and Judith Ewegen Letter of Opposition, dated 04/03/2007
HH. Alissa Kendall McEachern Letter of Opposition, dated 04/03/2007
I I. Stan and Judy Horn Letter of Opposition, dated 04/03/2007
JJ. Douglas and Susan Hall Letter of Opposition, dated 04/01/2007
KK. Billie Lesh Letter of Opposition, dated 04/02/2007
LL. Peck and Billie Lesh Letter of Opposition, dated 04/02/2007
MM. William and Maury Leigh Heiss Letter of Opposition, dated 04/02/2007
NN. M. June Peterson and Clarence Brown Letter of Opposition, dated 04/02/2007
OO. R. Fred DeVore Letter of Opposition, dated 04/03/2007
PP. Dennis McKevitt Letter of Opposition, dated 04/03/2007
QQ. Northern Feed and Bean Letter of Support, dated 04/03/2007
RR. The Dairy Authority, Scott Smith Letter of Support, dated 04/03/2007
SS. Kate Hodgson Letter of Opposition, dated 04/04/2007
TT. James Crabtree Letter of Opposition, dated 04/03/2007
UU. Roger Schultz Letter of Opposition, dated 04/04/2007
W. Planning Staff Memo re: Changes to Conditions of
Approval and Development Standards
WW. Applicant Real Estate Research Data Summary
XX. Applicant Booklet of PowerPoint Presentation
YY. Stan and Judy Horn Duplicate of Exhibit I I
ZZ. In MPS Crahtrpp linpliratp of Fxhihit T T
AAA. Greg Maack Duplicate of Exhibit N
BBB. Colorado Dairy Farmers' PAT/PAC
Ryan Brewster Letter of Support, submitted 04/04/2007
CCC. Western Dairyfarmers' Promotion
Association, Cynthia Franch-Haren Letter of Support, dated 04/02/2007
DDD. Les Hardesty Booklet in Favor of DeHaan Dairy
EEE.
FFF.
GGG.
HHH.
III.
JJJ.
KKK.
LLL.
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