HomeMy WebLinkAbout962087.tiff HEARING CERTIFICATION
DOCKET NO. 96-59
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1091 FOR A
2000-HEAD DAIRY OPERATION IN THE A(AGRICULTURAL)ZONE DISTRICT-HIRSCH
DAIRY
A public hearing was conducted on November 20, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tern
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated November 4, 1996, and duly published November 7,
1996, in the South Weld Sun, a public hearing was conducted to consider the request of Hirsch
Dairy for a Site Specific Development Plan and Special Review Permit for a 2000-head dairy
operation in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this
a matter of record. Todd Hodges, Planning Department representative, presented a brief summary
of the proposal and stated the dairy is currently in operation with 1070 units. He explained the
applicant is allowed 960 units by right and the number of head will be limited to less than 2000
head until the applicant meets all State requirements. Mr. Hodges stated the site is 240 acres and
all surrounding properties are agricultural, including two Permits for a 15,000-head sheep operation
and a cattle operation. He reviewed the changes to the Conditions of Approval and Development
Standards as recommended by Health staff and noted the Town of Severance has verbally
indicated a preliminary proposition to annex property adjacent to this site; however, nothing has
been received in writing from the Town. Mr. Hodges then entered the favorable recommendation
of the Planning Commission into the record as written, including the changes as recommended by
staff. Discussion ensued concerning the recommended changes, and Mr. Hodges narrated for the
Board a video of the site and surrounding properties. He confirmed for Commissioner Harbert that
there have been no problems with the way the property is maintained. Responding to questions
from the Board, Trevor Jiricek, Health Department, clarified his recommended changes to the
Conditions of Approval and Development Standards and confirmed Hirsch Dairy had one violation
in late August of 1995, regarding effluent being discharged into the ditch and on a field; however,
Mr. Hirsch submitted a plan and a letter, and the case was closed. He stated several other
complaints have been received, but none were substantiated. Mr. Hodges confirmed the operation
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was out of compliance prior to the Planning Commission hearing. Mr. Jiricek clarified, however,
the operation was not in violation of the Zoning Ordinance in August of 1995 and referenced the
Confined Animal Feeding Operations Control Regulations. Drew Scheltinga, Engineer for Public
Works Department, referenced the report from Forrest Leaf, Leaf Engineering, and stated he is in
agreement with the figures presented and discussed the impact to the roadway, which will be
significant, but not major; therefore, he does not recommend paving of Weld County Road 78. He
did recommend, however, the culvert at the entrance be replaced and the roadway be widened,
and he answered questions from the Board. Responding to additional questions from the Board,
Mr. Hodges and Mr. Jiricek further clarified the recommended changes to the Conditions of
Approval and Development Standards and confirmed a revised version would be available as soon
as possible. After further discussion, John Chilson, Attorney representing the applicant, requested
the revised version of the Conditions and Standards be presented prior to final Board action. He
then proceeded with his presentation and confirmed the proposed use is agricultural in all respects,
referencing compliance with specific sections of the Weld County Comprehensive Plan and Zoning
Ordinance. Jake Hirsch, owner, responded to numerous questions from Mr. Chilson concerning
the operation and confirmed widening and improving the culvert is not a problem. He also
responded to questions from the Board and confirmed his compliance. Five letters signed by
surrounding property owners committing to taking manure from the dairy were submitted for the
record as Exhibit E. David Rau, Terracon Environmental, Inc., referenced the lagoon on the video
and clarified it is only two to nine inches deep. He also discussed the permeability of the pond and
confirmed it meets standards, although he is working with Mr. Jiricek to address one area.
Regarding the increase in traffic, Mr. Rau noted most employees live on site and reiterated this is
a state-of-the-art dairy operation, which uses one gallon for every three of water used at typical
dairies in the area. He confirmed the pond will handle 1774 cows at this time and a meter is being
added to the parlor. Mr. Rau stated the very best practices have been implemented to keep the
operation clean and responded to questions from the Board. Norman Dalsted, CSU Professor and
Extension Farm/Ranch Management Economist, spoke in support of the Permit and reviewed his
experience and background. He submitted and reviewed the following as Exhibit F: "Brief
Overview of Colorado's Dairy Industry". Included in Mr. Dalsted's presentation were overheads
entitled: "Table 1: Number of Milk Cows, Production Per Cow and Total Milk Production, Gross
Income and Income Per Cow, 1987-1995"; "Percent of Farm Income, By Commodity Group for
1987-1997"; and "1995 Cost and Returns for Dairy Operations in Northern Colorado". Franklyn
Garry, CSU Associate Professor of Veterinary Medicine, also spoke in support of said Permit and
reviewed his familiarity with the Hirsch Dairy, which is one of his primary clients at the vet school.
He stated Mr. Hirsch is an exceptional dairyman, highly skilled in individual animal care and
husbandry skills. Mr. Garry confirmed Mr. Hirsch's employees also maintain a high ethic of care.
Page Dinsmore, CSU Veterinarian, agreed Mr. Hirsch's operation is a prime, highly well-managed
dairy, which he works with weekly. He submitted and reviewed the following charts, indicating the
exceptionally high level of care and productivity at this site, marked as Exhibits G through J,
respectively: "Somatic Cell Count", "Days to Conception", "Pounds Milk per Day", and "Rolling Herd
Average". Mr. Dinsmore reiterated this operation is elite and well above average, which is difficult
to achieve in Colorado.
Let the record reflect a recess was taken at this time until 1:30 p.m.
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Upon reconvening, Mr. Hodges provided staffs proposed revision to the Conditions of Approval
and Development Standards, detailed in bold, as Exhibit K for the record. Mr. Chilson reviewed
the amendments and concurred, referencing Development Standard #1 and requesting 30 rather
than 15 days to record the plat. Gayle Norman, Colorado Department of Health, stated he works
in Consumer Protection as the Milk Program Manager and reviewed his background, experience,
and responsibilities regarding the pasteurized milk ordinance. He indicated Mr. Hirsch's dairy
received 97 of 100 possible points when his records and lab analysis of milk and water were
reviewed for his present and past operations. Mr. Norman confirmed Mr. Hirsch has never been
issued a violation and has always been in substantial compliance with regulations. Mike Dickinson,
previous employer of Mr. Hirsch, stated Mr. Hirsch was an excellent herdsman and a good
neighbor as he operated one of his two dairies for nine years. He noted his dairy had a total of
5500 head and met all State regulations, waste management requirements, etc., and reiterated Mr.
Hirsch will comply with all rules. Mr. Dickinson responded to questions from Chair Kirkmeyer,
indicating surrounding properties to his dairy include an airport, a subdivision, two farms, and the
City of Loveland. Dick Folkman, Dairy Specialist, stated he has been involved in the construction
of this dairy from the beginning and discussed issues such as minimizing water use, nuisance
problems, etc. He also referenced the right-to-farm issue and stressed the need to peacefully co-
exist to perform agricultural operations, questioning whether Weld County will remain an
agricultural county or not. Pat Stratton, Farm Credit Services of Fort Collins, responded to
questions from Mr. Chilson and indicated he has assisted Mr. Hirsch in the agricultural lending
business since 1983. He confirmed the need for the dairy operation to expand fully to become
economically viable and more efficient and profitable. Tom Hellerich, Attorney, reviewed a list of
names of those neighbors in the area in opposition which he is representing. He also reiterated
the Town of Severance's concerns, which verbally advised annexation of the Habrock property.
Keith Kline, Mayor of Severance, voiced further concerns and responded to questions from the
Board. He stated the expansion will double the problems; however, Board members concurred the
expansion will not make much difference and noted agriculture should be allowed to expand just
as towns are allowed to expand. Mr. Chilson questioned whether the Town of Severance has
complied with State statutes requiring the annexation plan project over three years all lands
proposed to be annexed. Mr. Hellerich noted the statute is in litigation and questioned the
relevancy. Dan Rauh, surrounding property owner, noted an increase in problems with flies and
odor and voiced concern about the safety of children. He stated he has reported problems with
effluent and speed control to the County and State and noted all surrounding neighbors are
opposed, clarifying Mr. Hirsch and his employees are not good neighbors. Mr. Rauh then
responded to further questions from the Board concerning the effluent, which he indicated was
pumped onto Weld County Road 78. Ken Lind, Attorney representing the Smith Lateral Ditch
Company, presented a transparency, Exhibit L, as a key to several photographs, Exhibit M.
(Changed to Tape#96-32 during Mr. Lind's presentation.) He reviewed the numerous problems
over the last two years with the dairy and referenced said photos, noting continuing problems with
the ditch. Mr. Lind indicated the State requested the dry manure storage be bermed or segregated
and clarified no plans have been made nor has permission been granted to install a pipe line
across or under the ditch to pump the effluent into the lagoon. He then responded to questions
from the Board, and Mr. Morrison clarified it is not inconceivable for Mr. Hirsch to cross the ditch;
however, it would be better with permission and legally to prove no interference has occurred.
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Mr. Lind responded to further questions from the Board and noted the operation must comply with
State regulations. Mr. Hellerich referenced Exhibit D, packet of information in opposition which he
presented prior to today's hearing, and reviewed the "Position Statement" addressing Mr. Hirsch's
credibility, history of violations, and presentation of false, misleading, and inaccurate information.
He then began his review of Exhibit D and responded to Mr. Chilson's objection indicating he, the
geo-technical engineer, and Mr. Lind prepared Exhibit D as their presentation in written form.
Mr. Hellerich then submitted and reviewed an overhead, Exhibit N, indicating borings were taken,
but they were not taken where the lagoon is located. He further reviewed the specifics of Exhibit D
and responded to questions from the Board. During Mr. Hellerich's presentation, he submitted
Exhibits O through U, all of which were photographs of Mr. Hirsch's property taken by Mr. Lind.
Let the record reflect Mr. Hellerich referenced and discussed specific sections of Exhibit D,
indicated by index tab numbers, as they corresponded to the various photographs. He also
responded to numerous questions from the Board and verified for Mr. Chilson that the pictures
were taken in August of 1996, as confirmed by Mr. Lind.
Let the record reflect a ten minute recess was taken during Mr. Hellerich's presentation, at
approximately 3:30 p.m.
Discussion ensued among staff and the Board concerning accessory to farm permits, site plans,
plot plans, Best Management Practices, and the Confined Animal Feeding Operations Control
Regulations. Victor Sainz, Colorado Department of Health, confirmed the owner/operator is
responsible for complying with State regulations, of which he reviewed the requirements concerning
the retention pond which is only required if over 1000 units are on site. Mr. Sainz responded to
further questions from the Board, and Mr. Morrison referenced Planning Commission's Exhibit 13,
Confined Animal Feeding Operations Control Regulation, specifically Section 4.8.2 concerning
definitions. Considering the time of day and at the Board's request, Mr. Hellerich reported
Mr. Leafs technical data presentation would take approximately one to two hours, and Chair
Kirkmeyer stated Commissioner Webster must leave at 5:30 p.m. Mr. Chilson requested others
be allowed to testify today and Mr. Leaf testify on the continuation date. H. F. Lind and Larry Lind,
surrounding property owners, both spoke in opposition of the proposal and voiced specific concerns
regarding the proximity of the lagoon to H. F. Lind's home, odor, increased traffic, etc. Jeff Pope
of Pierce, Colorado, spoke in support of the proposal and stated Mr. Hirsch buys feed from him and
his father, who are local farmers. He stated this seems like a personal issue which is exploding.
Discussion then ensued concerning acceptable continuance dates, and all involved parties agreed
upon Monday, December 16, 1996, at 10:00 a.m. Mr. Chilson requested Terracon be allowed time
to respond to Mr. Leaf's report, and the Board concurred the deadline for said written report to be
submitted should be December 9, 1996.
Commissioner Hall moved to continue the request of Hirsch Dairy for a Site Specific Development
Plan and Special Review Permit for a 2000-head dairy operation in the A (Agricultural) Zone
District, to Monday, December 16, 1996, at 10:00 a.m. The motion was seconded by
Commissioner Harbert, and it carried unanimously.
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RE: HEARING CERTIFICATION - HIRSCH DAIRY (USR#1091)
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This Certification was approved on the 25th day of November, 1996.
APPROVED:
4E BOARD OF COUNTY COMMSIONERS
LJJ/Oed47 WEyD COUNTY, COLORADO
issi
tit
y Clerk to the Board / � c, ' / }—
Y� -e� Barbara J. KirkmeyerAgy,-, , Chair
WTPuSrothe Board
1 George Baxter, Pro-Tem
TAPE #96-31 AND#96-32
FXCI ISFII r1ATF OF APPRnVAI
Dale K. Hall
DOCKET#96-59
FXCI ISFII fATF OF APPRnVAI
Constance L. Har ert
PL1059 1)
W. . Webster
962087
PL1059
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