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EXCERPT FROM HEARINGS
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 25, 1973
TIME: 10: 25 A.M.
DOCKET #32
TAPE #73-44
IN ATTENDANCE:
HARRY ASHLEY, CHAIRMAN
ROY MOSER, COMMISSIONER
GLENN BILLINGS, COMMISSIONER
TOM CONNELL, ASSISTANT COUNTY ATTORNEY
JIM OHI , PLANNING STAFF REPRESENTATIVE
RONALD PAPPENHEIM, APPLICANT
Route 1, Box 197
Eaton, Colorado 80615
TRANSCRIPTION:
CHAIRMAN ASHLEY: We' ll call this hearing to order Docket
No. 32, Ronald Pappenheim, June 25, 1972. Land Use Permit -
Feedlot Operation. Tom will you make the record?
TOM CONNELL, ASSISTANT COUNTY ATTORNEY: Mr. Chairman this
manner comes on for a hearing before the Board of County Commissioners ,
Weld County, Colorado in the application of Ronald Pappenheim, Case
No. Special Use Permit 207 , Docket Number 32 for a feedlot operation
following this guide rule of property in Weld County, Colorado.
Location in the:
Southwest Quarter of the Southwest Quarter of the
Southwest Quarter of Section Twenty-three (23) ,
Township Seven (7) , Range Sixty-five (65) West
of the 6th P.M. , Weld County, Colorado, containing
10 acres, more or less,
by resolution of the Planning Commissioner, dated May 15, 1973 ,
the matter is favorably recommended to the Board of County
Commissioners. Publication in this matter is had in accordance
to the law. There having been published May 25 and June 15 , 1973 ,
in the Greeley Daily Journal and certified by the newspaper, notification
has been given to surrounding landowners; Anthony Aranci, 1515 Mount View
3065♦
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a/k West Mountain Avenue, Fort Collins, Colorado, same party in
c/o Darrell and Katherine French, Eaton, Colorado, Darrell and
Kathy French, Route 2, Box 187, Eaton, Colorado, G. W. Parfeit,
Estate Inc. , let' s see, Box 266, Golden, Colorado, Norman and
Lena Sheller, Route 1, Eaton, Margaret and Harold and James
Gees, Gies, Henry Taylor, Route 1, Box 19, Eaton, Colorado, James
and Eva Davis, Route 2 , Box 183, Eaton, J. H. and Robert C. Groves ,
Ault, Colorado, T. and Velma L. Collins, Route 2, Box 187 , Eaton,
Colorado, and all returned receipts have been received. The matter
now comes on for a hearing at the regular scheduled time.
CHAIRMAN ASHLEY: Pappenheim would you like to tell us what
you would like to do here?
MR. PAPPENHEIM: The objections are, I bought this farm last
fall and there is no improvements what-so-ever on it, on the
farm. The intensions are developing it, moving out there probably
building a home and corrals and ah, we are trying to fix up a
capacity of about 800-head. Our operation is kind of our operation
is a cow-calf business. We' re planning to put up a calving shed,
a small calving shed.
Ah, developed as-far-as bring water up to it?
Rally, that' s about all, I guess.
CHAIRMAN ASHLEY: What do you mean? What the type o£ operation?
Is it feedlot or cows . . . ?
MR. PAPPENHEIM: Well, it ah we feed our calves out, and ah
but its we need corrals for cows, too. (Not Audible)
CHAIRMAN ASHLEY: You make calf manure?
MR. PAPPENHEIM: Pardon.
CHAIRMAN ASHLEY: You make calf manure?
MR. PAPPENHEIM: Right
CHAIRMAN ASHLEY: Eight Hundred head?
MR. PAPPENHEIM: Right
CHAIRMAN ASHLEY: I see you have a pollution pond down here,
was that required by the Health Department?
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MR. PAPPENHEIM: I don' t believe it was required but we put
it in. They approved it but I don' t believe they really required
it to start with. They checked the plans I guess, and okayed
which was the way it was.
CHAIRMAN ASHLEY: They have approved it?
MR. PAPPENHEIM: Right. We did make some changes on it, we
had it a little close to the French resident. I think Bob has
some more plans Of moving it back, it would require about 100-foot
or so back and change the angle of it and it wouldn' t really,
basically hurt anything. Except you don' t have (Not Audible)
a square corral.
(Discussion Not Audible)
COMMISSIONER MOSER: What is the total acreage of the farm?
MR. PAPPENHEIM: It' s the full section
COMMISSIONER MOSER: A full section?
MR. PAPPENHEIM: Right, there is some dry land on it, it' s
about 3/4 irrigated and then 1/4 dry land on it. I 've seeded
quite a little back into grass and there was some wheat on it and
I seeded some back into grass.
COMMISSIONER MOSER: What do you do with all of Section 23
then?
MR. PAPPENHEIM: I 'm planning on staring construction in
August, right, Bob? I'm going to be building the corrals just like
I agreed, building corrals.
CHAIRMAN ASHLEY: Is this last pond been approved by the
Health Department, the moving of that pond?
MR. PAPPENHEIM: I ' ll tell you what; I think they might of
. . . . the pond is going to be in the same place, actually. I think
Bob misunderstood me when I was down there the other day as far
as the drawing. But the pond will be in the same same same spot.
CHAIRMAN ASHLEY: On this drawing it shows its moved to the
right.
MR. PAPPENHEIM: I see it does.
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CHAIRMAN ASHLEY: The drainage isn' t going to work very
good that way, will it? The pond will not be moved?
MR. PAPPENHEIM: No.
COMMISSIONER MOSER: How much of the section is in cultivation
or irrigated cultivation or grass?
MR. PAPPENHEIM: About 3/4 . . . . well not 3/4 of it either,
there' s one sprinkler quarter.
COMMISSIONER MOSER: Well, you have certainly more than
enough acres to raise adequate feed for this operation.
MR. PAPPENHEIM: Well, I hope so.
COMMISSIONER MOSER: Well, I would think so.
MR. PAPPENHEIM: I 'm trying to expand a little. I have a
small farm by Eaton there and we' re getting more cows all the time
and looking for more room and this is the reason we kind of
bought the farm to start with.
CHAIRMAN ASHLEY: Are there any other questions, Mr. Moser?
COMMISSIONER MOSER: None, that' s all I have.
CHAIRMAN ASHLEY: Is there anyone else that would like to
speak in favor of the applicant?
CHAIRMAN ASHLEY: Is there two here in support, you fellows
together?
MR. PAPPENHEIM: Yes, we' re together.
CHAIRMAN ASHLEY: Is there anybody in this room that would
like to support this application, if there are hold up your
hands. Let the record show that there are two.
CHAIRMAN ASHLEY: Anybody in the room opposing it?
CHAIRMAN ASHLEY: Would you like to comment?
FEMALE VOICE: We have a daugher that is very allergic to
animals
CHAIRMAN ASHLEY: Would you give us your name and address
please?
MRS . FRENCH: This is Mr. and Mrs. Darrell French, residents
next to the feedlot, Route 2, Box 187, Eaton. We have a daughter
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that is very allergic to animals, she has hayfever very badly.
She is on medication now taking pills three times a day which
is barely controllable with the medication she is taking and we
feel that if this is put in next to our home that it is going
to harm her health. We have a letter here from the doctor
stating this.
CHAIRMAN ASHLEY: Tom do you want that letter for part of
the record?
MR. CONNELL: If they wish to submit it.
MR. CONNELL: Show this as Exhibit A in the file, a letter
signed by Jacquelyn Jorgenson, M.D. , The Medical Group o£ Greeley,
1656 16th Street, Greeley, Colorado, describing the hayfever
reaction and the requirement for medication as-well-as allergy
problems, the child, Diana French, age 10 years old, and the
recommendation of the M.D. that it would be highly undesirable for
this child to have to live near a feedlot in addition to the
animals has a great deal of mold with the spores carried over
fair distances and causing difficulty to people allergic to them
closer to persons to the source, the greater, of course, would be
his exposure. In addition to the allergy, allergy factor, allergic
people also over-react to such non-specific stimuli as odors which
certainly would be present at a feedlot. I , therefore, feel
that it would be better for this child if she did not have close
exposure to this type of environmental pollution.
CHAIRMAN ASHLEY: Is there anyone else that would like to
speak in opposition? Hold up your hands again, those that are
opposed, there is two. Let the record show there are two.
CHAIRMAN ASHLEY: Mr. Ohi, would you like to give the comments
to the Planning Commission.
JIM OHI, PLANNING STAFF REPRESENTATIVE: Yes, thank you.
The Planning Commission recommends that this application be approved
for the following reasons:
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1. It agrees with the land use policy.
2. Its compatible with surrounding land use and zoning
3. Health Department recommends approval for the design
for the feedlot has been adjudged adequate by the
Extension Office.
We recommend that this approval be subject to the following:
1. Pen locations in the southeast corner be located no
nearer than 660 feet from the residents on County Road 78.
2. Minimum set back of 50 feet from the right-of-way of
County Road 45.
3. Construction to begin within 1 year from time of date of
approval.
3 . Operation limited to revised plan to be submitted, this
is on the resolution.
I would like to add on my own opinion that this approval should
also be subject to the approval o£ the revised plan by the Extension
Office and Health Department, particularly, as the retention pond
has been relocated.
CHAIRMAN ASHLEY: Has it been changed?
MR. PAPPENHEIM: I admit that this drawing shows the changes and
we will' ll revise the drawing. Its, its ah when we changed the location
on it, the pond will be in the same place as original, we' ll not
move it. We just, we just tipped the lot to get the footage from
the residents.
MR. OHI, PLANNING STAFF REPRESENTATIVE: You don't have enough
area here, do you? What' s it for?
MR. PAPPENHEIM: It will work. From revising this lot we
will still have 240-foot from the ditch, that would be plenty of
room. I had originally planned to put my fence back down there
too. I don' t know whether we will have room for the pond. There
will be plenty of room for the pond.
CHAIRMAN ASHLEY: Where is the location of this from the
French' s dwellings?
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MR. PAPPENHEIM: Ah, it would be to the northwest.
COMMISSIONER MOSER: Now, the French dwelling is across the
road or on the same side of the road?
MR. PAPPENHEIM: Well is what' s happened there, when Mr.
Aranci had the farm, he sold the buildings and two acres off of
it.
COMMISSIONER MOSER: Oh: I see.
CHAIRMAN ASHLEY: That' s where the French' s live.
MR. PAPPENHEIM: Right
CHAIRMAN ASHLEY: Glenn, Is this where the feed lot' s going
to be?
(UNKNOWN) : Yea.
COMMISSIONER MOSER: This is just two acres right? Two acres
right in the irrigated area.
(Not Audible)
CHAIRMAN ASHLEY: Is there anything else Mr. Billings?
COMMISSIONER BILLINGS: No.
MR. OHI, PLANNING STAFF REPRESENTATIVE: (Not Audible)
revised plan showing the retention pond in relation to the relocated
(Not Audible)
CHAIRMAN ASHLEY: Tom, you got any comments?
MR. CONNELL: None, Mr. Chairman other than based on the
recommendations of the Planning Office, the revised plan is
provided for in the resolution. Operation limited to revised
plans should be submitted that these plans needing approval
granted should be subject to the approval of the Health Department
and the other authorities for drainage location and the size
should not be lowered.
CHAIRMAN ASHLEY: Health Department (Not Audible)
MR. CONNELL: Yes, Mr . Chairman.
CHAIRMAN ASHLEY: Are there any more questions, Mr. Moser?
COMMISSIONER MOSER: No, I don' t believe so, I think that
(Not Audible)
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CHAIRMAN ASHLEY: If not, I' ll need a motion for approval,
denial, take under advisement.
COMMISSIONER MOSER: Well, Mr. Chairman, since we have two
present for approvals and two against approvals and according to
the evidence that I have up to this point on it, I should request
that we have the permission to take this under advisement for
decision at a later date, have more study on it.
CHAIRMAN ASHLEY: Chair seconds that motion, how do you vote
Mr. Moser?
COMMISSIONER MOSER: Yes
CHAIRMAN ASHLEY: Chair votes yes, record show that it has
been taken under advisement we' ll have a decision in a pretty
quick date, probably next week. I would like to go out and look
at it. Call this meeting to a close.
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EXCERPT FROM BOARD MEETING
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 27 , 1973
TAPE #73-35
IN ATTENDANCE:
HARRY ASHLEY, CHAIRMAN
ROY MOSER, COMMISSIONER
TOM CONNELL, ASSISTANT COUNTY ATTORNEY
GIL OLSON, ACTING CLERK TO THE BOARD
TRANSCRIPTION:
CHAIRMAN ASHLEY: Do you want to bring up the that
decision on Pappenheim? Do you want to approve that subject
to approval of the information Gil just got on that set back?
COMMISSIONER MOSER: Do you feel that set back 650 feet
set back of going back or forth coming Gil?
GIL OLSON, ACTING CLERK TO THE BOARD: We just got this
morning and I just took a quick glance at it, it looks okay. If
you approve it I would prefer it that you approve it subject
to somebody (Not Audibile) reviewing it and seeing that it' s
okay.
COMMISSIONER MOSER: Well, I would bring a motion
forward to approve this according to these conditions that the
set back is proper.
CHAIRMAN ASHLEY: Chair will second that. They said it
won' t be (Not Audible) for two weeks . There is no reason to let it
lay here for that long. How do you vote Mr. Moser?
COMMISSIONER MOSER: Yes
CHAIRMAN ASHLEY: Chair votes yes. Let the record show
the application feed lot permit is approved, Mr. Pappenheim.
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