HomeMy WebLinkAbout972394.tiffHEARING CERTIFICATION
DOCKET NO. 97- 53
RE: SPECIAL REVIEW PERMIT #1158 FOR A LIVESTOCK CONFINEMENT OPERATION
CONSISTING OF A 4,000 -HEAD POULTRY (DUCKS) OPERATION WITH ASSOCIATED
STRUCTURES IN THE A (AGRICULTURAL) ZONE DISTRICT - JAMES AND JANA
YOUNGER
A public hearing was conducted on November 12, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro -Tern
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
Health Department representative, Jeff Stoll
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 6, 1997, duly published October 16, 1997,
in the South Weld Sun, a public hearing was conducted to consider the request of James and Jana
Younger for a livestock confinement operation consisting of a 4,000 -head poultry (ducks) operation
with associated structures in the A (Agricultural) Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Todd Hodges, Department of Planning Services
representative, presented a brief summary of the proposal and noted staff is recommending
approval; however, the Planning Commission failed to favorably recommend the request of the
applicant. James Younger, applicant, explained he is requesting a permit for 4,000 ducks because
the Weld County Zoning Ordinance does not distinguish between the different ages and sizes of
the ducks as they are being raised. This amount would allow for 4,000 ducklings only, a mix of
1500 adults and 1500 ducklings, or 2400 adults only. Mr. Younger also explained the request for
a meat processing facility, as well as an egg processing facility. In response to concerns raised
by opposition at the Planning Commission Hearing, Mr. Younger stated there will be very little
waste or smell. To further explain the operation, Mr. Younger presented two samples of building
materials and slides marked Exhibit J, K, and L respectively. The slides show the type of structures
being proposed, how the buildings work to maintain a constant temperature, and some of the
surrounding area. Mr. Younger stated the spread of disease is very unlikely between ducks and
turkeys because ducks are not as susceptible to illness. He explained he is trying to improve
biosecurity to protect not only the ducks, but also to accommodate the concerns of the surrounding
property owners. Mr. Younger stated the Planning Commission failed to approve the request;
however, he feels this decision was based on the concerns of Longmont Foods, a large turkey
('n. Pt
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business located across the street. In response to Commissioner Hall, Mr. Younger clarified his
request is determined by the number of animals that will fit in the buildings. In response to
questions from Commissioner Kirkmeyer, Mr. Younger stated the County does allow for ducks to
be buried; however, he plans to have them hauled to the landfill, and he is willing to freeze ducks
until they are hauled to satisfy the neighbors. Mr. Younger also stated they are waiting for approval
from the Board before a rainwater drainage plan is submitted.
Mr. Hodges submitted a revised copy of the Land Use Application Summary Sheet, marked Exhibit
M, and explained changes to Development Standards #7 and the addition of #16 deal with the
handling of dead ducks. In response to Commissioner Kirkmeyer, Mr. Younger stated ducks are
hardy birds and should not be compared to turkeys. He would like to use outdoor runs; however,
is willing to screen the runs or keep the birds totally enclosed if required. Mr. Younger verified for
Commissioner Webster that the property does have a water tap that will provide an adequate
water supply. Mr. Morrison clarified the applicant needs to determine whether there are legalities
concerning use of Central Weld Water District water. Mr. Younger stated there are no wells on the
property, therefore, all of the water is purchased for the residence, as well as water for the ducks
and cleaning the buildings. In response to Commissioner Harbert, Mr. Younger stated the
Development Standards address the noise concerns regarding cooling fans on the greenhouse
which do not run at night. New fans on the poultry buildings have thinner blades to reduce noise
since they may run at night. In response to Chair Baxter's question, Mr. Younger explained he
prefers composting rather than stockpiling 61 tons of manure a year. He explained a compost pile
has to be turned and after 45-50 days, it is considered usable soil and can be moved off the site.
If this technique becomes impractical, the manure will be hauled to a composting site to remain in
compliance with Development Standards #3 and #4.
George Ottenhoff, Longmont Foods, stated the applicant does not comply with uses in the
surrounding area, and introduced Bob Edson, Veterinary for Longmont Foods. Dr. Edson
explained the main concern of Longmont Foods is the proposed location of the operation. Dr.
Edson stated Longmont Foods raises 158 million pounds of turkey and he is concerned about
contamination by other nearby animals. He explained the outbreak of disease which spread
through his company in February of 1996 and stated that loss of 3 million dollars nearly ruined the
company. Mr. Edson presented two overheads marked Exhibit N and O, showing the location of
all the turkey farms owned by Longmont Foods, and showing this operation will be located directly
in the middle of the turkey operation. In response to Chair Baxter, Dr. Edson stated the increased
number of ducks only increases the chance of disease. Commissioner Hall clarified the reason
poultry operations are placed distant from each other is for the purpose of disease control.
Bruce Fitzgerald, representing eleven surrounding property owners, presented their petition,
marked Exhibit P, and stated their concerns about 4,000 ducks being placed on only 2 acres of
land. Mr. Fitzgerald displayed four overheads, marked Exhibit Q, showing the neighborhood
families, property values, distance to the duck pens from each of the neighboring homes, and a
map showing each lot in relation to the Younger property. In response to Commissioner Harbert,
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HEARING CERTIFICATION - JAMES AND JANA YOUNGER (USR #1158)
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Mr. Fitzgerald reiterated the lot is approximately 2 acres in size, and there is no room for buffer
zones around the property.
Duane Oster, surrounding property owner, briefly stated his support for the Younger proposal. The
applicant stated he had nothing further to add as rebuttal.
In response to Commissioner Harbert, Mr. Hodges stated without the USR permit, the applicant
would only be allowed 200 ducks per acre for a total of 400. Commissioner Kirkmeyer stated she
agrees with Dr. Edson regarding the health risk and further stated the onus is in the applicant to
prove it is compatible with surrounding uses. Therefore, based on Section 24.4.2.3, Commissioner
Kirkmeyer moved to deny the request of James and Jana Younger for a Site Specific Development
Plan and Special Review Permit for a livestock confinement operation consisting of a 4,000 -head
poultry (ducks) operation with associated structures in the A (Agricultural) Zone District.
Commissioner Hall seconded the motion, stating the use of the two acres of land is more for a
residence than a commercial agricultural use and the operation is too intense for this location.
Chair Baxter stated his concerns are because it is too intense for the acreage. The motion carried
unanimously.
This Certification was approved on the 17th day of November, 1997.
APPROVED:
ATTEST: ..-: r r rxi o. BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld Couraty:.G`fk
GIs
BY:
Deputy?
TAPE #97-28 AND!#‘7--29
DOCKET #97-53
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• Gegrgd'E. Baxter, Chair
stance L. Harbert, Pro,Tem
Barbara J. Kirkmeye
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972394
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF NOVEMBER, 1997:
DOCKET #97-56 - Merle and Karla Grieser
DOCKET #97-53 - James and Jana Younger
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 AD RESS (Please include City and Zip Code) HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF NOVEMBER, 1997:
DOCKET #97-56 - Merle and Karla Grieser
DOCKET #97-53 - James and Jana Younger
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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