HomeMy WebLinkAbout981798.tiff HEARING CERTIFICATION
DOCKET NO. 98-54
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1195 FOR A
DAIRY AND AGRICULTURAL SERVICE ESTABLISHMENT FOR A LIVESTOCK
CONFINEMENT OPERATION FOR 5,000 HEAD OF CATTLE IN THE A(AGRICULTURAL)
ZONE DISTRICT - BELLA HOLSTEINS, % GARY HENRICKSON
A public hearing was conducted on September 30, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 1998, and duly published September 16,
1998, in the Platteville Herald, a public hearing was conducted to consider the request of Bella
Holsteins, % Gary Henrickson for a Site Specific Development Plan and Special Review Permit
(USR) #1195 for a Dairy and Agricultural Service Establishment for a Livestock Confinement
Operation for 5,000 head of cattle in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record. Julie Chester, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Ms. Chester stated this
application is consistent with the Weld County Comprehensive Plan, Zoning Ordinance, and
A (Agricultural) Zone District. Currently the site is being farmed and used as a dairy, which is
consistent with the surrounding uses. Ms. Chester stated the dairy was built in 1969, purchased by
the applicant in 1979, and the expansion will be in Section 20. In response to Commissioner Baxter,
Ms. Chester stated the dairy does receive water from the Town of Platteville and there are two wells
on site.
Gary Henrickson, applicant, stated this proposal will allow him to increase his operation to 5,000
cattle over time without having to amend his USR. He explained the proposed dairy barn is
designed for 1,800 to 2,000 milking cows which will result in 4,000 total animals including calves and
heifers. Mr. Henrickson gave a slide presentation, marked Exhibit Q, showing the management and
condition of the site, and stated he has been in operation since 1979. He stated he has landscaped
and asphalted the entrance of the dairy and gives tours of the facility. Mr. Henrickson further stated
he lives on site so he can monitor any nuisance conditions the neighbor's might experience. The
existing dairy barn has been remodeled three times and is in production 24-hours a day. Mr.
Henrickson stated the cow and calf pens are harrowed and sprayed each day to help prevent flies,
and he showed the existing mobile homes he will replace with a four-plex for his workers. He
submitted various letters of support, marked Exhibit H, and gave a brief explanation of his plans for
981798
PL PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195)
PAGE 2
expansion. Responding to Commissioner Baxter's earlier question, Mr. Henrickson explained the
dairy does purchase Colorado Big Thompson water shares which they give to the Town of Platteville
in exchange for 15 pounds of Town water that is pumped to the pens. He added Central Weld
Water District is considering running water from its new line to the dairy if he will pay $100,000 for
the line. In response to Commissioner Kirkmeyer, Mr. Henrickson stated there is no time limit on
his current water supply from the Town, and there is an easement between Sections 19 and 20;
however, there is a lagoon on the easement which can be pumped and moved if necessary.
Tom Haren, EnviroStock, Inc., represented the applicant and displayed overhead projections,
marked Exhibit R, explaining the plan created for the dairy meets CAFO regulations concerning solid
waste, wastewater, and nuisance management. Mr. Haren stated the site is inspected by a Weld
County Environmental Health representative, and there are very strict penalties for not complying
with CAFO regulations.
Michael Cowper, Mayor of Platteville, presented a petition, marked Exhibit I, and expressed concern
regarding the dairy's affect on the growth of the Town. Mr. Cowper explained the Town receives
its water from the Central Weld Water District and has a stand-by well for emergencies. He stated
there is potential for the dairy to contaminate the groundwater of the emergency well. Mr. Cowper
further stated Weld County has signed an Intergovernmental Agreement with Platteville; however,
the approval of the dairy will conflict with that agreement by hindering the Town's growth. In
response to Commissioner Baxter, Mr. Cowper stated currently they receive minimal fly and odor
complaints. Responding to Commissioner Kirkmeyer, Mr. Cowper stated the population of Platteville
was approximately 1,500 in 1979 and has approximately 2,000 residents today. Commissioner
Kirkmeyer commented the Town appears to have grown despite the presence of the dairy in the
past, and the expansion will not take place within the Town's Urban Growth Boundary. Mr. Cowper
clarified the approval of this dairy will affect the growth of the Town as described in the
Intergovernmental Agreement. Commissioner Kirkmeyer commented that agricultural industries
such as dairies are a benefit to Weld County and its citizens. In response to Commissioner
Kirkmeyer, Mr. Cowper expressed concerns of agriculture discouraging people from moving into the
area; stated the Town has no intention of purchasing the property; and suggested the applicant
should have considered the location of the dairy in relation to the Town when he purchased it.
Charles Kuechenmeister, Attorney for Platteville, stated this matter has not been before the Town
Board; however, Mr. Henrickson has been told that the Town will not be able to provide more water
pressure to the property without compensation. Mr. Kuechenmeister submitted a survey and a
packet of aerial photographs, marked Exhibits J and L, and reiterated the dairy is not a bad
operation; however, it is in a bad location for expansion in relation to the Town. In response to
Commissioner Kirkmeyer, Mr. Kuechenmeister stated the term "low density residential area" is
defined in the Town's Comprehensive Plan. He added the Town has adopted a Transportation Plan
which includes the use of Weld County Road 27 as a collector street parallel to State Highway 85,
and indicated the applicant has constructed a wastewater lagoon over the section line which will
conflict with the plan. Mr. Kuechenmeister stated an increase from 900 to 5,000 cows will create
a significant increase in manure, dust, flies, and odor which will affect the health, safety, and welfare
of the community. In response to Commissioners Hall and Kirkmeyer, Mr. Kuechenmeister stated
the northeast quarter of Section 19 was disconnected at the landowner's request and he is not
aware whether there have been other discharges from the facility. Trevor Jiricek, Department of
Health representative, stated by the time the site was inspected, the discharge was no longer
evident. In response to Commissioner Kirkmeyer, Mr. Jiricek stated the overflow was due to an
981798
PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR #1195)
PAGE 3
oversight of the system; however, the applicant now has the ability to pump water from one pond
to another as necessary. Mr. Morrison indicated follow-up letters, marked Exhibit G; stated there
was no designation for future use of the disconnected quarter section; and stated the
Intergovernmental Agreement with Platteville does not define "low density residential area." In
response to Chair Harbert, Mr. Kuechenmeister stated the Town is in the process of drafting a new
Comprehensive Plan which addresses the low density area adjacent to the dairy.
Lin Miller, Royal Crest Manager, explained Royal Crest routinely inspects the site and has always
found that Bella Holsteins, Inc., maintains an outstanding site and product. Mr. Miller stated Mr.
Henrickson has built this dairy to be a successful business which provides cash into the local
economy.
Keith Maxey, Weld County Extension Office, stated the Extension Office is required to maintain
contact with the local dairies and explained they are visiting fewer, but larger dairies. He explained
due to higher operating costs, the owners must spread the costs over a larger number of animals
to remain in business. Mr. Maxey stated over the past three years he has worked with Bella
Holsteins, Inc., he has observed a well-kept site, and Mr. Henrickson is constantly trying to improve
the looks, cleanliness, and production of his dairy. Mr. Maxey read excerpts of a letter of support
from Mr. Wells of the Extension Office, Exhibit H, for the record.
Chair Harbert called a recess. Upon reconvening, Richard DeGrandchamp, Toxicologist,
represented the Town of Platteville and expressed concerns regarding hazardous chemicals and
by-products which could affect the Town. He stated there are good regulations for maintaining a
dairy; however, a discharge has occurred once, and there is the possibility of another in the future.
Mr. DeGrandchamp displayed overhead projections, marked Exhibit O, and explained the toxic and
deadly effects of E. Coli 0157:H7, a bacteria which is typically found and transmitted in cow manure.
He stated there is no treatment for humans who come in contact with this bacteria and discussed
the medical symptoms. Mr. DeGrandchamp explained the animals are not affected by the bacteria
and it cannot be detected in their systems. He gave examples of companies which distributed food
products that were contaminated, many of which could not recover from the financial liability and
poor reputation. Mr. DeGrandchamp also addressed the impacts of nitrates in a water system. He
stated the dairy's run-off is near Platteville's emergency well, creating a hazard. He explained the
medical symptoms in children and adults caused by Nitrates, and stated removing nitrates from the
water is very costly due to the technology required. Mr. DeGrandchamp summarized his
presentation by stating 900 cows is acceptible to the Town; however, 5,000 increases the possibility
for contamination. In response to Commissioner Hall, Mr. DeGrandchamp stated he has been
working as a toxicologist for twenty years, and his conclusions are based on statistics from nation-
wide studies. He clarified the dairy cows cannot be tested for E. Coli because the test would only
show antibodies in their systems. In response to Commissioner Webster, Mr. DeGrandchamp
stated one solution in helping prevent infections is to distance humans from the source and added
that this bacteria has just recently been discovered and scientists are still studying it prevention.
Chair Harbert commented the Town should have its well tested for Nitrates before an emergency
makes its use necessary since other nearby municipalities have been advised not to use wells due
to Nitrate levels. In response to Commissioner Kirkmeyer, Mr. Jiricek stated the CAFO regulations
are in the process of being updated and no mention has been made of the E. Coli bacteria, rather,
there has been discussion on how to properly apply manure to crops. Mr. DeGrandchamp stated
the CAFO regulations protect against water contamination, but they do not address other health
risks associated with contamination of the soil. Commissioner Kirkmeyer commented that a majority
981798
PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195)
PAGE 4
of the Town's population lives west of State Highway 85 and the western pond is approximately one-
half mile from Town. Responding to Commissioners Kirkmeyer and Webster, Mr. DeGrandchamp
stated the existing dairy size is acceptable in relation to the Town; however, an increase in animals
increases the possibility for spreading the bacteria. He further stated development should not be
located near a dairy and in this situation either the dairy or the Town needs to avoid moving any
closer. Commissioner Webster commented that there are many risks that are faced each day and
currently there are so many rules on how to produce and handle food that the United States is one
the safest countries in the world. Chair Harbert recommended the Town have their well tested prior
to any future plans for use and Commissioner Baxter stated the milk product is tested and
pasteurized prior to being sold.
Dennis Smith, Risk Management consultant, represented the Town of Platteville and stated this
dairy is not compatible with the future development of the Town. He displayed overheads, marked
Exhibit P, which explain approval of this application will decrease property values and discourage
people from moving in due to related nuisances. Mr. Smith stated that based on the amount of
Hydrogen Sulfide produced by this dairy, the Town and dairy should be separated by at least 13,000
feet. He reviewed some of the health risks presented by Mr. DeGrandchamp, and explained the
dairy will also effect the economy by discouraging at least 100 new homes, with the potential for an
increase in the tax base, improved schools and medical care, commerce from retail, and increased
property values. Commissioner Kirkmeyer clarified that under the several Colorado tax laws, 100
homes do not increase the tax base and those new homes cost more in additional services than the
tax base covers. Mr. Smith summarized his presentation by stating the expansion of this dairy will
present greater health risks, affect the environment, lower the local economy, create more liabilities
for the Town.
Lane Danielzuk, Platteville Administrator, stated a Master Transportation Plan has been proposed
for the Town which includes using the easement between Sections 19 and 20 as a collector street
for the State Highway 85 access plan. He stated the Town has been working with the Union Pacific
Railroad to have a stoplight installed at the intersection at Highways 66 and 85 which will benefit the
Town, as well as the outside traffic. He explained the Town has approximately 60 platted residential
lots, 38 low density housing lots south of the dairy, 225 units are proposed to be built next year, and
there are 20 industrial sites east of Highway 85 along the railroad tracks. He stated they are trying
to encourage industry in the area because approximately 80 percent of the Town's population works
outside of city limits. In response to Commissioner Baxter, Mr. Danielzuk stated the discussion of
providing the site with more water pressure has been delayed until a decision is made regarding the
expansion. He added there are Nitrates in the emergency well; however, it could be mixed with the
regular water supply if a shortage were to occur. In response to Commissioner Kirkmeyer, Mr.
Danielzuk stated the Master Transportation Plan is being developed by the Town Engineer and is
scheduled to be adopted early in 1999. He added the information presented by Mr. DeGrandchamp
and Mr. Smith will also be taken into consideration prior to approval.
Chair Harbert called a short recess. Upon reconvening, Linda Poyner, surrounding property owner,
stated she purchased her property east of the dairy approximately four years ago, and she was
aware of the dairy and accepted it as part of the agricultural area. She further stated the odor does
not bother her and the dairy is a very clean facility; however, she has had a lot of problems with flies
this year, and there is noise coming from the site 24-hours a day. Ms. Poyner stated the dairy's
fence is located 45 feet within their property, and they have had problems trying to get the applicant
to move the fence. She further stated a realtor advised her that her property will decrease in value
981798
PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195)
PAGE 5
by 20 percent or$44,000 if the dairy increases in size. Ms. Poyner stated she will be forced to sell
her property before the value drops. Ms. Poyner stated an increase to 2,000 cows would be
acceptable, but 5,000 is too big of an increase for her to accept.
Todd Harris, surrounding property owner, stated he lives south of the dairy and sent a letter, marked
Exhibit E, expressing concern regarding the effects the dairy will have on his plans to develop his
property. He stated he is located within the Urban Growth Boundary and read an excerpt from the
Intergovernmental Agreement stating Weld County will not approve land uses which will conflict with
the future development of Platteville. Mr. Harris stated approval of this dairy will conflict with any
proposed development and will impose hardships to the citizens that the agreement is designed to
protect. He added he has already agreed to give up land for the stoplight at the intersection of
Highways 66 and 85. Mr. Harris asked how the waste will be disposed of, if the ponds are
calculated to store wastewater from the buildings, and what caused the pond to overflow. He stated
the nitrate level created by 5,000 cows will equal that created by 50,000 people. He requested the
Board deny the expansion and protect the rights of the surrounding citizens.
Tom Rainbolt, Farm Credit Services, stated the dairy is well managed, and Mr. Henrickson has been
a good neighbor, who has worked to help the economy by purchasing his products locally. Mr.
Rainbolt indicated Mr. Henrickson's practices have proven his ability to manage more animals
because he works to exceed the requirements placed on dairies.
Randy Sorensen, Dairy Specialists, stated Bella Holsteins, Inc., has been a leading operation since
1979. He stated Mr. Henrickson works to keep his facility equipped with up-to-date technology and
has invested considerable amounts of money to improve his wastewater lagoons. Mr. Sorensen
stated this site has always complied with the regulations and will very likely continue to exceed them.
Mr. Sorensen stated this dairy is an example for surrounding dairies.
Mike Veeman, Veeman Dairy, stated he has 1,700-head of cattle on his property, 800 of which are
milking cows. Mr. Veeman explained he has known Mr. Henrickson for 15 years and he is an
excellent businessman and dairyman. He added that Mr. Henrickson has the resources and
management ability to fulfill the plan which has been presented to the Board. Mr. Veeman explained
the dairy industry is expensive and competitive and most dairies are having to expand to remain in
business. He stated many people want good, safe food, but do not wish to co-exist with the
agricultural lifestyle. Mr. Veeman asked if the Town of Platteville is going to adopt a right-to-farm
covenant regardless of whether the dairy is approved. In response to Commissioner Baxter, Mr.
Veeman stated his dairy is located across the street from very expensive homes which were built
after his dairy and their values have not decreased. In response to concerns which were expressed
by the Town of Platteville, Mr. Veeman stated the best way to reduce the risk of infection is good
processing and handling techniques. Responding to Chair Harbert, Mr. Veeman stated his
neighbors have children who are involved in 4-H and want to be near an agricultural setting.
Mr. Haren reiterated the Manure and Process Wastewater Management Plan was developed with
Platteville's Comprehensive Plan in mind. He stated Mr. Henrickson has designated 32 acres as
a buffer zone from Weld County Road 32, and further stated the soils south of the dairy are very
poor for building. Mr. Haren pointed out that the Urban Growth Boundary Plans were completed the
night before this case was heard by the Planning Commission. Mr. Haren stated this is a model
dairy which received no complaints until the Planning and Zoning hearing. He requested the Board
approve this proposal to ensure the success of food production from this facility.
981798
PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR #1195)
PAGE 6
Mr. Henrickson stated his community is important to him and he has tried to avoid any conflict by
maintaining a clean site. He added that he visited with people in Town and many were in support
of his request and expressed they would like to keep the "small town" atmosphere rather than see
more development. He stated there needs to be balance between the growth of the Town and his
dairy for each to remain successful. Mr. Henrickson stated he will be attending the World Dairy
Expo to expand his knowledge, and would like to keep the business in his family. In response to
Commissioner Baxter, Mr. Henrickson stated his veterinary could not stay to address the concerns
regarding E. Coli; however, he is aware of the dangers and tries to prevent any illness by keeping
the pens clean and as dry as possible while housing the cows inside. He added that his facility is
the only dairy which enforces bio-security. Signs are posted and the public is not allowed past the
gate to the dairy. He further stressed that he operates a dairy, not a feedlot. Responding to
Commissioner Hall, Mr. Henrickson stated the traffic count was an estimate based on the current
amount of traffic and explained he is in the process of using a new entrance for feed trucks to defer
traffic from the front of the dairy. In response to Commissioner Baxter, Mr. Henrickson stated thirty
percent of the manure is purchased by Morning Fresh Farms and he supplies dryland farmers with
what he doesn't use on his own land. Responding to Chair Harbert, Mr. Henrickson stated he
agrees with the Conditions of Approval and Development Standards with the exception of
Development Standard#20 regarding limiting the number of employees at the dairy. Ms. Chester
stated that standard was taken from the application based on the housing and septic services
available. Following discussion, Mr. Chester recommended deleting Development Standard #20.
Commissioner Hall suggested the Board visit the site. Mr. Morrison explained the Board will need
to make note of any observations and then state them for the record to allow the other parties a
chance to respond. Mr. Jiricek requested the Board add a Development Standard to require the
Manure and Process Wastewater Management Plan receive approval from the Health Department
by November 30, 1998. Commissioner Kirkmeyer commented Condition of Approval #2.C states
the plan must be submitted to the Colorado Department of Public Health and Environment prior to
recording the plat which must be done within thirty days. Mr. Jiricek suggested adding a sentence
to the Condition to state, "The applicant shall obtain final approval of the Manure and Process
Wastewater Management Plan from the Weld County Health Department by November 30, 1998."
Mr. Henrickson clarified the discharge occurred while they were installing the pipeline which was
required to be in compliance and added the Board is welcome to visit the site. Mr. Morrison
explained the purpose of the visit is to observe the site and the Board should have no contact with
the applicant. He recommended the Board take notes which they can read for the record and the
hearing will be open to comments only concerning statements made by the Board.
Commissioner Kirkmeyer moved to continue the hearing to Wednesday, October 7, 1998, at
10:00 a.m. to allow the Board adequate time to visit the site. Commissioner Baxter seconded the
motion, and it carried unanimously.
981798
PL1268
HEARING CERTIFICATION - BELLA HOLSTEINS, % GARY HENRICKSON (USR#1195)
PAGE 7
This Certification was approved on the 5th day of October, 1998.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WEELL COUNTY, COLORADO
Weld County Clerk to t - : ��
• 111`\I Constance L. Har,$rt,, Chair A
Deputy Clerk to th - �\ C� e
%4/_k\� / W. H. We ster, Pro-Tem
TAPE #98-25
orge E axter
DOCKET#98-54
Da e K. all
Barbara J. Kirkmeyer
981798
PL1268
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF SEPTEMBER, 1998:
DOCKET#98-55,- STANLEY HEINZE
DOCKET#98-54 - BELLA HOLSTEINS, `/o GARY HENRICKSON
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) DOCKET#OF HEARING ATTENDING
# \1G�� !`l; Gi 6( / Cow"-e- 777 &OO1iJ c i /% /fry, //t (v cd6�l
. .1, )18, litavt1 6 /KiA Cire4 st8o" p '1000stQriAkit i ft cOA„ll
-k} it cis- Rich aiq&e iun4011 p140
# IIeftS- yetiyttC ,l i-fft "
it heItit
-{f a "t-`/— rf;-a /,3qq 6 rl lYid ,oiteCet1v6c��
41 q -x (;'Devitt C�t'� (( E Jo? Jot-0/67 04/N '�� n f�I4 6? ,,?26 7
4 98 &i NIL achwid U 4(X2 O.4.rrLput- R1a Vi*lt. ,C.c 8p(as I
• O.- -cg 0,-
f ,ffer /6^/ &ti✓k5 0' ,,/.-P1-;l� ,/
� �� ig&X ia�3-4: hP ,/.
Ig..5-5/
' 5 .we/' / f/
If9'8.-5y okn.s,._ AiatiErL GoA0 Sit a.th Aue PIA#eu,llp 80651
�.}
98-5yW l . 1�Y"1
a en. i 6,22Q Ett2,4hPf, ,41 t—P w u,//f (&''O 5/
4490 _tJ� AA AICA-t/ LA. cal. cO5 QIi1)P b , 1 �ett-4RV, 1IQ . 0�0C S /
-O9 -57 "a.` J C/L,u LANE a-4776v Co � S/
4.
1tW' 5t TcryT ode, ..5-e) 3te✓ens G:.rgait,- ci,l/ co, 1'O6-7/
x'98-5 ' ae ya7 & n /, (V /1/ 3' T
'J8-34 634 CcrvI 72S- s rkcld- F v; fr Cc-±3C., 1
9$-54 a rD A &rLLLCe, '7 As Fi6�r i cbtU1` �I?Jtcvl (le_ 06 S /
9@s-S`l )\c,„ SsireAsery 5333 We Crtcic_ (aiee-le,i a 306 3`/
ii. , ,5z{ - U- -' a..._ 2 3850 'v c Le 7 ,, ou-kia.,,,e( Co$ticei , &T h?,
/1 le-b-( peov is ArA __ 14311 -z., c it 3s- P i#o.ya --t- Se>4, %
If?F1CY frlirie417� 4,y' fie' / 7 9S (Gi, /14 53�'15. A t/% 6 We
#t9))_sy Steve B..,-/-he,,,, # / dO R,". G ,« Icy co
,
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF SEPTEMBER, 1998:
DOCKET#98-55 - STANLEY HEINZE
DOCKET#98-54 - BELLA HOLSTEINS, % GARY HENRICKSON
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) DOCKET#OF HEARING ATTENDING
#cf -3'� - //id I: asys- /2 / � . 6 /or,_ Co �O& /_ )
kS ,tlite ?--wv/8-4"t-- I st,( s1= ,-iti mac/ (7(), cco E, (
4 9 8≤< ® >J 3' M sS `OD? C S-r. 6cti cP L % 3./
Hello