HomeMy WebLinkAbout952240.tiffHEARING CERTIFICATION
DOCKET NO. 95-62
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1092 FOR A
COMMERCIAL EGG PRODUCTION FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - MOARK HATCHERIES, LLC
A public hearing was conducted on October 25, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
County Attorney, Lee -Morrison
Planning Department representative, Shani Eastin
Health Department representative, Jeff Stoll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 23, 1995, and duly published September 14,
1995, in the Windsor Beacon, a public hearing was conducted on September 27, 1995, to consider
the request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special Review
Permit for a commercial egg production facility in the A (Agricultural) Zone District, at which time
said matter was continued to October 4, 1995, pursuant to a notice dated September 18, 1995, and
duly published September 21, 1995, in the Windsor Beacon. At said hearing on October 4, 1995,
said matter was again continued to October 25, 1995, pursuant to a notice dated October 4, 1995,
and duly published October 12, 1995, in the North Weld Herald and in the Greeley Tribune. At said
hearing on October 25, 1995, Lee Morrison, Assistant County Attorney, made this a matter of
record and noted the previous continuances. He clarified a letter concerning Commissioner
Webster's lack of role in the letter of recommendation from EDAP has been filed with the Secretary
of State and the Weld County Council, in compliance with the law, and was previously submitted
for the record as Exhibit R. Shani Eastin, Planning Department representative, presented a brief
summary of the proposal and entered the favorable -recommendation of the Planning Commission
into the record as written. Jeff Stoll, Health Department representative, gave a presentation
concerning the potential impacts and net effect of this proposal on the community and
environmental health, as well as the technological and environmental controls, regulations, and
State statute requirements enforced by the Conditions of Approval and Development Standards.
Mr. Stoll answered numerous questions from the Board regarding his presentation. Hollis Osborne,
applicant, reviewed the background of his commercial egg businesses in the United States, which
he has managed for over 35 years. He also introduced his family members who were present,
indicating they operate facilities with clean environments and free of contamination. Mr. Osborne
explained the three phases of construction and discussed the operation of the facility in Boulder
which his company took over. He stated the Permit includes 227 acres, which provides an
adequate buffer area, and noted an extensive site location study was completed. Mr. Osborne also
stated his company operates the Hudson Pullett Farm; therefore, he is familiar with Weld County,
will be good neighbors, and will work with staff to ensure compliance. Terry Osborne, manager of
the Hudson Pullett Farm, presented and reviewed a prepared statement, including solutions and
a manure flow chart, as Exhibit EE for the record. He noted the operator of such a facility also has
concern about cleanliness and maintaining a healthy environment and relationship with the
community. Fred Otis, Attorney representing the applicant, identified on a map the 227 -acre parcel
and reiterated it is buffered adequately. He answered questions from the Board stating the
property immediately to the east is owned by the Shoenemans who have a cattle operation.
Responding to Commissioner Kirkmeyer, Ms. Eastin stated no census data is available concerning
the population of unincorporated Roggen, Colorado. Neil Shurts, Montrose, Colorado, representing
the Office of Business Development for western Colorado, confirmed the Grand Junction facility
in Mesa County is an excellent operation and his office has no problems with the facility and
considers it a good neighbor. Responding to questions from the Board, Mr. Shurts stated there is
in excess of 200 homes within 1% miles of the Grand Junction facility and reiterated the State feels
good about this operation. Kim Schmidt, Office of Business Development representing eastern
Colorado, stated he is routinely involved in Weld County projects and this proposal is consistent
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RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR #1092)
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with the marketing and economical development in the area. John Dent, Chairman of EDAP, read
the letter of support previously submitted and reiterated the quality of the operation in Grand
Junction. He confirmed staff had consulted with local entities such as Roggen Grain concerning
this proposal. John Mitzel, Keenesburg, Colorado, spoke in opposition of this proposal and voiced
concerns about water, quality of life, air pollution, and future problems.
Let the record reflect a recess was taken at this time.
Upon reconvening, Mr. Mitzel voiced further concerns about surface water, location of the facility
in the floodplain, and manure storage, and he noted the proposal is not welcome in the area. Ross
Seyfried, Roggen, Colorado, also spoke in opposition and stated further concerns about shallow
ground water, the Lost Creek floodplain, wetlands, and water fowl. Larry Neuschwanger,
Independent Bank of Kersey, spoke in favor of this agricultural -related business, which will help
Weld County grow and expand. He referenced similar operations in Weld County and noted Mr.
Osborne is a good businessman and neighbor. Donald McClary, Attorney representing the Morgan
County Quality Water District, reviewed the history of the district and voiced concerns about the
possibility of the water being contaminated. After further comments, Mr. McClary requested
additional time to study and address the seriousness of the effects of the operation and to meet
with staff and the applicant to more adequately address the Conditions of Approval. George
Underwood, Engineer for Morgan County Quality Water District, explained the Lost Creek and Hay
Gulch Basins are connected and presented a map and an overhead of the basins as Exhibits FF
and GG, respectively, for the record. He also pointed out the location of the district's wells and
presented two letters, which were marked as Exhibits HH and II (same as Planning Commission
Exhibit 82) for the record. Mr. Underwood further discussed the seepage rate into the groundwater
and potential contamination and answered questions from the Board. Mr. McClary reiterated all
information needs to be exchanged between experts to adequately address the water issue, and
he submitted a letter from Thomas E. Norton, Consulting Engineer, as Exhibit JJ for the record.
Ms. Eastin noted a referral response was received from the State Division of Water Resources,
Planning Commission's Exhibit 10, and she referenced Conditions of Approval #3, #7.A.4, and
#7.F, which address the water issue. Further discussion ensued among staff, the Board, and Mr.
McClary. (Changed to Tape #95-42 during discussion.) Mr. Seyfried reiterated further concerns
regarding runoff and seepage. Joe Sigg, Rod Dornan, and Dan Schellenberg, all from Roggen,
Colorado, voiced opposition and concerns about flooding and the shallow water level. Milton
Tormohlen, Fort Morgan, spoke in support of the proposal and noted he expanded his similar
business with no problems or opposition. He also noted the equipment to be used by Moark is
state-of-the-art and answered questions from the Board. Father Joseph Sanco, Roggen Church,
voiced concerns about flies and odors. Elfie Dornan submitted a five -page packet and an eleven -
page packet as Exhibits KK and LL, respectively, for the record. She extensively reviewed the
packets of opposition. A letter of opposition from Cheryl A. Schellenberg was also submitted as
Exhibit MM for the record. Ms. Eastin clarified the FEMA map addresses the floodplain issue.
Dallas Shoeneman, fourth generation of the Shoeneman family farm, stated concerns about
manure polluting the water. Bob Corthius stated he lives eight miles away from the proposed site
and is in the process of requesting a Permit for a childrens' home in the area. He, too, voiced
concerns about the impact of this facility. Mick Daniel, Farmland Industries of Fort Collins, stated
he supplies poultry feed which is purchased locally for Moark, and it is a reputable business. Kris
Bell, 5M Corporation landowner, noted the temperature inversion in the valley and voiced concerns
about pollution. Judy Case, Roggen, Colorado, stated she represents one of several families with
severe allergies and other environmental sensitivities and health problems. Diane Wolfe, Roggen,
Colorado, voiced concerns about odor and the maintenance of the dirt road to the elevator and
questioned the definition of a "good neighbor" and how Roggen will benefit financially. Steve
Benson, Keenesburg, Colorado, commented on saving rural life style, Weld County's Mission
Statement , "ABC (Always Buy Colorado)", noting Moark is not from Colorado. He also voiced
concerns about groundwater and the need to have expert advice before voting. Bill Bradley,
Illinois, reviewed his background in chicken operations and noted he sold the Hudson site to the
Osbornes in 1987. He stated he is not aware of any complaints or problems at the site and the
proposed facility will make a significant impact on local taxes and revenues. Michelle Miller, 5M
Ranch landowner, voiced concerns about manure and questioned how long the hens are
productive. Jeanie Benson, Keenesburg, Colorado, referenced the Comprehensive Plan and
voiced concern about the facility having an absentee owner from Missouri. She noted the number
952240
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RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR #1092)
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of family farms in the area and questioned why seven proposed home sites are necessary. Ms.
Benson also stated this facility will provide tax money for Weld County but no tax base for the local
schools and submitted a four -page prepared statement for the record as Exhibit NN. Wood
Eppelsheimer, Keenesburg, Colorado, submitted and extensively reviewed an "Outline", with
attachments, as Exhibit OO for the record. Mr. Eppelsheimer also answered questions from the
Board.
Let the record reflect a recess was taken at this time.
Upon reconvening, Barbara Eppelsheimer, Keenesburg, Colorado, submitted and extensively
reviewed a prepared statement, with attachments, as Exhibit PP, and photos and complaints of the
Grand Mesa Eggs facility as Exhibits QQ and RR, respectively, for the record. Bill Argo, President
of EDAP, spoke in support of the proposal and stated he took a three-hour tour of the Grand Mesa
Eggs facility and was very impressed. He also noted numerous homes surround the facility
including 37 newly built homes, and he submitted a diagram of same as Exhibit SS for the record.
Mr. Argo noted Weld County is rich in agriculture and is pro -agriculture and pro -business. Joel
Shoeneman, Roggen, Colorado, voiced numerous concerns and submitted photographs as
Exhibit TT; an overhead of Lost Creek Water Basin as Exhibit UU; and a map of Lost Creek as
Exhibit VV for the record. He made further comments concerning flooding and environmental
impacts and stressed the shallow water level and the need to protect the water from contamination.
Linda Shoeneman, Roggen, Colorado, reiterated there are four generations of Shoenemans and
read a letter from her son regarding future plans. She requested certain questions be answered
and submitted a letter from the University of Colorado at Boulder concerning the Boulder Valley
Poultry Farm and its manager, Jack Osborne, as Exhibit WW for the record. To further
substantiate the problems with the Boulder facility, Ms. Shoeneman submitted three articles from
the Boulder Daily Camera as Exhibit XX and showed a twelve -minute video titled RAW FOOTAGE
RAW PAIN and submitted as Exhibit YY for the record. Following Ms. Shoeneman's final
comments, Stephen Williamson, Attorney representing various families in the neighborhood
opposing this facility, stated the applicant has failed to prove the safety, health, and welfare of the
neighborhood will be protected. He referred to the Planning Commission's Resolution of
Recommendation and the inadequacy of various Conditions of Approval and Development
Standards. He reiterated concerns regarding water quality, manure/waste processing, and the lack
of technical information in the record for protection. Mr. Williamson also discussed the Roggen
Feedlot expansion which was denied in 1990 due to lack of technical work being completed. He
stressed the economical information is not important; however, compliance with the
Comprehensive Plan is necessary, including the environmental damage to the neighborhood. Mr.
Williamson reiterated technical data must be reviewed prior to a decision, and the applicant should
be required to install monitoring wells to provide evidence the applicant is not damaging the water.
He also noted Moark is a limited liability corporation and questioned whether it is financially sound.
(Changed to Tape #95-43.) Mr. Williamson reiterated the need for a performance bond and
suggested this facility be located elsewhere in Weld County.
Dan Hudgens, manager of Grand Mesa Eggs in Grand Junction, Colorado, clarified there is one
violation on record with some complaints. He addressed the septic violation and complaints and
noted the facility is searching for an alternative drying site. Mr. Hudgens also reiterated there are
200+ homes in the area, and an expansion was approved in 1994 with no opposition. He
submitted photos of the Grand Mesa Eggs facility as Exhibit ZZ and an overhead concerning the
"Economic Development" of Grand Mesa Eggs and Moark Hatcheries, LLC, in Roggen, Colorado,
as Exhibit AAA for the record.
After discussion among Mr. Otis and the Board, Commissioner Harbert moved to continue the
request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special Review Permit
for a commercial egg production facility in the A (Agricultural) Zone District to October 30, 1995,
at 1:00 p.m., to allow further time for the applicant's rebuttal and the Board's decision.
Commissioner Kirkmeyer seconded the motion, which carried unanimously. Chairman Hall clarified
no legal notice of this continuance will be posted, published, or mailed. The motion was seconded
by Commissioner Baxter who clarified this action will serve as the people's personal notice rather
than mailings. Commissioner Kirkmeyer reiterated directing staff to post a sign on the property was
included in her motion, which then carried unanimously.
952240
PL1007
RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR #1092)
PAGE 4
This Certification was approved on the 30th day of October, 1995.
APPROVED:
ti
eputy Cle 3 o the Board
tft
au* Clerk to the Board
7BY. •
TAPE #95-41, #95-42, AND #95-43
DOCKET #95-62
PL1007
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL QRAQO
c,
,ii( A
Barbar- J. Kirkmeyer Pro-Tem
George ' . Baxter
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952240
PL1007
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF OCTOBER, 1995:
DOCKET #95-62 - USR #1092 FOR MOARK HATCHERIES, LLC
DOCKET #95-66 - COZ #496 FOR MEADOW VALE FARMS, INC., C/O BRUCE HENDEE,
BHA DESIGN
PLEASE legibly write or print your name and complete address and the DOCKET
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NAME AND ADDRESS (Please include City and Zip Code)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF OCTOBER, 1995:
DOCKET #95-62 - USR #1092 FOR MOARK HATCHERIES, LLC
DOCKET #95-66 - COZ #496 FOR MEADOW VALE FARMS, INC., CIO BRUCE HENDEE,
BHA DESIGN
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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