HomeMy WebLinkAbout20061053.tiff HEARING CERTIFICATION
DOCKET NO. 2006-18
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1523
FOR A LIVESTOCK CONFINEMENT OPERATION (4,000 GAME BIRDS) AND A HOME
BUSINESS (CONCRETE FORMING BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DAVID AND BEVERLY HEUSSMANN
A public hearing was conducted on March 22, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 3, 2006, and duly published March 8, 2006,
in the Fort Lupton Press, a public hearing was conducted to consider the request of David and
Beverly Heussmann for a Site Specific Development Plan and Use by Special Review(USR)Permit
#1523 for a Livestock Confinement Operation (4,000 game birds) and a Home Business (concrete
forming business) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this
a matter of record and advised the applicant, David Heussmann, that he has the option of
continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Long will listen to the record and make the determining vote. Mr. Heussmann indicated he would
like to proceed today.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal,
entered the unfavorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the site and surrounding land uses. She stated the
application was originally reviewed as a kennel; however, following the Planning Commission
hearing, the applicant and County Attorney's Office determined the use is better classified as a
Livestock Confinement Operation, since the birds are categorized as poultry. She stated the site
consists of 7.5 acres, which is currently in violation for raising game birds and operating a concrete
forming business without the appropriate permits; however, it has not gone through a formal
violation hearing process. Ms. Hatch stated twelve referral agencies reviewed the proposal, five
had no comment,five provided comments that have been addressed in the Conditions of Approval
and Development Standards, and no response was received from the Town of Firestone or the
Commercial Wildlife Park. She stated staff has received six letters of support and one letter of
opposition regarding health concerns, appearance of the site, setbacks, and compatibility. She
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stated the Weld County Code includes provisions for a Livestock Confinement Operation in the
A (Agricultural) Zone District; however, the concrete forming business is not an allowed use in a
recorded subdivision. She further stated the USR boundary includes three lots,and the bird raising
and concrete forming operations are located on the southern portion of the applicant's property.
In response to Commissioner Jerke, Ms. Hatch stated the lots in Dream Acres Subdivision range
from 2.5 to 3.0 acres, and the Town of Frederick has annexed Weld County Road 18 along the
north side of the site, as well as the property north of the road. Responding to Chair Geile, Ms.
Hatch stated the Town of Frederick indicated it is not interested in annexation at this time; however,
the Town would request annexation prior to any future development on the site. She stated the
photographs, included in Exhibit 5k, show dead birds in garbage containers; however, staff has
visited the site on three separate occasions and has not witnessed those conditions. She further
stated there are some questionable uses and conditions on some of the surrounding properties,
which may result in other violations in the area.
Char Davis, Department of Public Health and Environment, stated the site is serviced by the
Central Weld County Water District, and the home is connected to a permitted septic system. She
stated the applicant will be allowed to use the home restroom facilities for the family-operated
business. She further stated her inspections found the site to be very tidy, without flies or odors.
Donald Carroll, Department of Public Works, stated the northern parcels are accessed from Weld
County Road 18,which has been annexed by the Town of Frederick, and the southern parcel must
be accessed from Weld County Road 16.34, which is a County-maintained gravel road. He
explained the north and south parcels are separated by the South Platte Canal, which does not
have a crossing within the property. Responding to Commissioner Jerke's earlier question, Ms.
Hatch stated Dream Acres Subdivision was approved in 1966 for 29 lots.
Judson Hite, Attorney, represented the applicant and submitted a packet, marked Exhibit M. He
stated the birds are characterized as poultry and, therefore, the request was changed from a
Kennel to a Livestock Confinement Operation. He clarified Dream Acres Subdivision consists of
blocks, not lots, and according to the deed, the three blocks are legally combined to create one
property. Mr. Hite reviewed the site layout, and stated the bird pen is surrounded by corrugated
metal which is four feet tall and buried one foot beneath the ground to prevent vermin and water
from getting into the pen. He stated the applicants have agreed to close the eastern rookery to
attempt to address the neighbor's concerns, and he displayed photographs of surrounding
properties. He further stated the 7.5-acre site allows for 1,500 birds as a Use by Right, and the
proposal is for up to 4,000 birds. Mr. Hite stated Diane Petermann, surrounding property owner,
has claimed that her allergy symptoms are a result of the bird operation; however,she did not have
problems until recently,and the medical records indicate her symptoms are non-allergenic and may
possibly be attributed to stress or lifestyle decisions. Regardless, the applicant is willing to attempt
to mitigate her health concerns by closing the eastern rookery and increasing the height of the
fence. Mr. Hite stated the applicants' son started a custom furniture business in 1981, which was
converted into a concrete forming business in 1984. The business was incorporated in 1994, and
converted to a Limited Liability Corporation (LLC) in 2004. He stated the applicants are not
members in the LLC; however,they are vested and involved in the daily operations of the business.
Mr. Hite stated there has been a business on the site since 1981, prior to the County's Zoning
regulations, and should qualify for an expansion of the non-conforming use through granting the
permit. He stated Planning Services staff referred to Section 23-3-40.R as a means for denying
all commercial activity; however,the section does permit other non listed commercial and industrial
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uses.
Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Hite reviewed the
Conditions of Approval and stated the applicant does not intend to post any signs, the mineral
owners have been contacted and their concerns have been addressed, a landscaping plan is not
necessary since there will be no landscaping other than fencing, and the concerns of the Ditch
Company were addressed prior to constructing the buildings. He further stated the southern parcel
is not accessed from Weld County Road 18, the applicants have submitted, and received approval
for, a Waste Handling Plan, he does not believe an Improvements Agreement is necessary, and
the applicant is willing to modify the plat as requested by staff. Ms. Hatch stated many of the
Conditions required prior to recording the plat have been satisfied; however, staff would like the
Conditions to remain until written evidence is submitted. Commissioner Vaad commented existing
accesses remain when right-of-way is annexed, and the applicant should only be required to gain
permission for new accesses. Ms. Hatch explained this is a standard requirement to ensure the
Town of Frederick is aware of the newly permitted use accessing the right-of-way. Commissioners
Vaad and Jerke expressed concern with Condition of Approval#1.E. Ms. Davis stated Condition
of Approval #1.F has been completed and can be deleted. Ms. Hatch stated Condition #1.G is
necessary to acquire an Improvements Agreement for the site. The Board agreed to delete
Conditions of Approval#1.E and#1.F. Mr. Hite requested Development Standard#4 be modified
to clarify no "outside" employees will be allowed on the site. He further stated Development
Standard#21 is not necessary because the buildings are already constructed, they are agricultural
exempt, and they do not require building permits or a plan review. Ms. Hatch stated this note
pertains to future buildings on the site, or to any change of use for the existing buildings.
Commissioner Jerke proposed modifying the first sentence of Development Standard#4 to state,
"The concrete forming business shall have not outside employees working on the site, as indicated
in the application materials."
Alvin Wall, Attorney, represented Andy Scott and Dianne Petermann, who live adjacent to the site.
He stated the USR boundary contains Lots 2 and 3 where the applicants live, and Lot 25 where the
requested use takes place. He stated his clients are concerned that Lot 25 could be sold as a
separate parcel, and they are requesting denial of the application due to the negative impacts to
their health. He stated contrary to the inspection report of Health staff, the conditions at the site
vary, depending on the season, and seem to be worse in the summer. Mr. Wall stated this is a
residential area, and the applicant has a nice home on Lots 2 and 3; however, the applicants are
not running the business. He clarified that the applicants' son owns and operates the businesses,
which are not compatible with the surrounding properties or Master Plans of the surrounding
municipalities. He stated the applicants began operations prior to obtaining the appropriate
permits. He further stated the USR boundary contains three lots, for a total of seven acres, which
would allow 1,400 birds as a Use by Right, and Lot 25 can only be accessed from the south side
of the canal.
George "Andy" Scott, Jr., surrounding property owner, stated he was born and farmed his whole
life in Weld County. He stated he retired nine years ago and moved to the country; however, their
quality of life changed when the bird pen was built. He stated the pen is approximately 60 feet from
his bedroom window, and shortly after the pen was stocked with birds, his wife, Dianne Petermann,
began to experience allergic reactions and severe coughing. He stated her symptoms improve
when the pens are empty or they take an extended trip from home. Mr. Scott expressed concern
with his decreased property value, and stated if the use is allowed to continue, his wife's doctor has
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advised them that she will need to live elsewhere. He further stated the feed shed has resulted in
a mouse problem in the area, and regardless of whether the east rookery is removed,the large pen
is the source of a lot of dust and dander. Mr. Scott stated his wife is not allergic to dogs or farm
dust; however, the dogs do carry in outside dust from the neighboring bird pens, which increase
her symptoms. He stated he can no longer operate his air conditioner, since the coils are clogged
with dust and feathers. He further stated a bird raising operation should be located on 40 to 50
acres, and Dream Acres should remain for residential uses, with minimal livestock.
Diane Petermann, surrounding property owner, stated she never had allergies when working on
a farm; however, in 2003 she started experiencing allergies and constant coughing. She stated
her doctor initially thought she had a sinus infection; however, he later determined she has
allergies, and her condition gets worse when it is windy.
Gina Rhoads, surrounding property owner, stated she submitted written testimony, as did Fred
Greenfield, who owns the property west of the bird pen, and she questioned whether their letters
of opposition are in the file. Mr. Barker verified the letters were included as Exhibits, and Ms.
Rhoads stated they are not opposed to the bird use or the applicants; however,they do not feel the
uses are compatible with the surrounding properties. She questioned whether the request qualifies
as a home business, since there is not a residence on Lot 25, and whether the site could be sold
as a separate lot. Ms. Rhoads stated the applicants' residence is shielded from the impacts of the
bird operation; however,there will be a direct negative impact on the three proposed one-acre lots
south of the subject site. She stated the waste in the large pen generates dust and odor, and the
birds are very noisy when they tap their beaks against the metal barrier around the pen. Ms.
Rhoads stated area residents have been experiencing allergies, their property value is reduced,
and their well-being has been impacted, and she requested the Board consider the
recommendations of the Colorado Department of Public Health and Environment. She stated this
use creates a negative impact on the neighborhood, specifically the properties south of the canal.
Louis Kitely, surrounding property owner, stated she lives more than 500 feet from the site;
however,she does visit Ms. Petermann, and a slight breeze does generate dust from the bird pens.
Ms. Kitely stated she worked for the U.S. Division of Minerals and Geology and did research
regarding air quality with pollens and spores. She explained, generally, accurate air quality
readings must be taken above two stories, since air quality below that level is impacted by surface
uses. She stated regardless of the fence height there will be pollutants crossing onto the
neighbors' property. She further stated there is also a lot of dust generated by the traffic related
to the concrete forming business. Ms. Kitely stated the homes in this area are nice and allow for
some livestock, and her home business does not infringe on her neighbors. In response to
Commissioner Jerke, Ms. Kitely stated she lives approximately 900 feet from the site.
Robert Martinez, surrounding property owner, stated he lives approximately 1,200 feet from the
subject site, and the bird operation does not impact his home. He stated he has asthma; however,
when he visits the site,the birds do not affect him. He further stated the site is kept very clean, and
the traffic from the concrete forming business is no more than the standard residential traffic.
Steve Haslett, surrounding property owner, stated he lives approximately 1,400 feet from the site,
and purchases birds from the applicant to train his hunting dogs. He stated he has found this site
to be well maintained, and has not experienced health problems while being around the birds. Mr.
Haslett stated the traffic on the road from the concrete business is no more than the standard
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residential use.
Michael Cowan, surrounding property owner, stated he lives within 500 feet of the USR boundary,
north of the canal. He stated the area has changed significantly during the past six years, and
there are three more houses than are shown on the aerial map. Mr. Cowan stated he has not
heard any noise from the bird pens, and dust is also generated by other livestock in the area and
residential traffic.
Michelle Cowan, surrounding property owner, stated Dream Acres Subdivision is a nice place,with
nice residents. She stated she moved to the area six years ago with the intention of raising a
family and enjoying their livestock. Ms. Cowan stated the applicant should not be restricted, based
on the opinion of a neighbor who does not like the site's appearance, or that it may impact a future
use not yet in existence. There being no further comments, Chair Geile closed public testimony.
In response, Mr. Hite stated the staff inspections were conducted in the summer, and the site is
kept clean regardless of the season. He stated the applicants did get a determination from the
appropriate authorities that building permits were not necessary,and the concrete forming business
only has one truck that makes three trips per day. He further stated Ms. Kitely's pending application
with the Town of Frederick is not relevant to this application, the applicants have offered to move
operations further from the property line, and although the applicants attempted to contact the
neighbors requesting additional input, they did not receive any response.
Commissioner Vaad commented the issue of whether this is a Home Business is complicated by
the split configuration of the property and a business operator who does not live on the site. He
stated although he heard testimony on both sides of the health issue, he does not feel 4,000 birds
in a residential community is compatible, regardless of whether the use was there before many of
the current residents.
Commissioner Jerke commented the combined request for 4,000 birds and a concrete business
is complicated since it is located in a rural residential subdivision. He stated the residential use was
approved prior to allowing a business of this nature, and the area is changing, so future uses do
need to be considered. He stated the Planning Commission did vote to recommend denial, and
he does not find any reason for move forward with approval of this request.
Commissioner Masden stated he concurs with the previous comments regarding the configuration
of the site separated by a canal, and the issue of who is operating the business. He stated Dream
Acres Subdivision is primarily residential and the area is growing, therefore, he does not support
the application.
Chair Geile commented it is difficult for the Board of Commissioners to make a determination
regarding the health issues; however, he does not find the request to be compatible with the
surrounding uses or future uses. He stated his concern is not with the concrete forming business,
but with the Livestock Confinement Operation as it relates to a residential area.
Commissioner Jerke moved to deny the request of David and Beverly Heussmann for a Site
Specific Development Plan and Use by Special Review Permit#1523 for a Livestock Confinement
Operation (4,000 game birds) and a Home Business (concrete forming business) in the
A(Agricultural)Zone District,based on the recommendations of the Planning staff and the Planning
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There being no further discussion, the hearing was completed at 2:45 p.m.
This Certification was approved on the 27th day of March 2006.
APPROVED:
9
=OARD OF CO NTY COMMISSIONERS
A �J ELD COU , COLORADO
ATTEST: ��(,,,,/�'
/"�^� . J. eile, Chair
Weld County Clerk to the Bo-1t=
EXCUSED
By: 19,inLi4ei V n t 1M David E. Long, Pro-Tem
De&ty Clekk to the Boats. Y /U
Willi H. Jerke
TAPE #2006-12
Robe D. Masden
DOCKET#2006-18
Glenn Vaad
2006-1053
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1523 - DAVID AND BEVERLY HEUSSMANN
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 10/18/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Extension of time, dated
10/28/2005
F. Applicant Letter re: Change in classification from birds
to livestock, dated 12/27/2005
G. Applicant Apo Letter with Affidavit of Wade Heussmann
and photographs, dated 01/03/2006
H. Planning Staff Memo re: Items prior to scheduling, change
to requested use, and addition of
Development Standard, dated 01/04/2006
Applicant Letter requesting to proceed with hearing
process, dated 02/06/2006
J. Kerr-McGee Rocky Mountain Corp. Letter of Support, dated 03/09/2006
K. Planning Staff Certification and Photo of sign posting
L. George Scott, Jr. Packet of Information
M. Applicant Written testimony and CD copy of
PowerPoint presentation, dated 03/22/2006
N.
O.
P.
Q.
R.
S.
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