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Home My WebLink About790341.tiff RESOLUTION RE: DENY REQUEST OF RONALD PAPPENHEIN FOR A SHOW CAUSE HEARING CONCERNING SPECIAL USE PERMIT NO. 207. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 11, 1973, the Board of County Commissioners of Weld County, Colorado granted the request of Ronald Pappen- heim for a Special Use Permit for a cattle feed lot operation, and WHEREAS, complaint has been lodged against Ronald Pappen- heim concerning said Special Use Permit, and WHEREAS, Ronald Pappenheim has asked that the Board of County Commissioners of Weld County, Colorado grant his request for a show cause hearing, and WHEREAS, the Board of County Commissioners finds that said request be denied and that the construction of the cattle feed lot operation be allowed to continue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the request of Ronald Pappenheim for a show cause hearing be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D. , 1979. ; BOARD OF COUNTY COMMISSIONERS ATTEST: al io WELD COUNTY, COLORADO Weld County Clerk and Recorder Clerk to the Bo /' eputy County Cl k • vi AP ED AS TO • <"/ County Attorney DATE PRESENTED: JUNE 11, 1979 PL0750 790341 /r- se _' \w OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE: (303) 356-4000 EXT, 200 P.O. BOX 758 OGREELEY, COLORADO 80631 • COLORADO May 24, 1979 Mr. Ronald Pappenheim Mr. William L. West 38010 Weld County Road 45 1000 10th Street Eaton, CO 80615 Greeley, CO 80631 Mr. F Mrs . Darrel French Mr. Robert C. Burroughs Route 2 , Box 187 115 2nd Avenue Eaton, CO 80615 Ault , CO 80610 RE: RONALD PAPPENHEIM SPECIAL USE PERMIT The Board of Weld County Commissioners has scheduled a meeting to review the complaint lodged by Darrel and Cathy French concerning a Special Use Permit granted to Ronald Pappenheim. Meeting arrangements are as follows : Wednesday, May 30 , 1979 11 : 00 A.M. Room 316 , Centennial Center 915 10th Street, Greeley, Colorado Please contact the County Commissioners ' Office , 356-4000 , Ext. 200 if you should have any questions or concerns with these arrangements . Yours truly, CAA-4-e �. � 2-- Carol L. Burkhart, Executive Secretary Weld County Commissioners ' Office clb cc Russell Anson, Assistant County Attorney Gary Fortner, Director, Department of Planning Services BEFORE THE BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO In the Matter of: ) ) DEPARTMENT OF PLANNING SERVICES, ) COMPLAINT IN APPEAL APPLICANT: RONALD PAPPENHEIM ) CASE NUMBER: SUP # 207 ) DOCKET NO: 32 ) COME NOW Darrel French and Cathy French, Petitioners, and complain and allege as follows: 1 . That the Board of County Commissioners , by Resolution dated July 11 , 1973, granted the application of Ronald Pappenheim for a Special Use Permit. A copy of that Resolution is attached hereto and marked Exhibit "A" . 2. That among other conditions imposed by the granting of the application was the following: "2. That petitioner shall proceed with due diligence to construct said cattle feed lot operation and shall have up to one year from date hereof to begin such construction." 3. That the construction of the cattle feedlot was not begun on July 11 , 1974. 4. That construction was begun on or about March 5, 1979. 5. That construction was commenced upon the basis of a letter from the Department of Planning Services dated February 21 , 1979, a copy of which is attached hereto as Exhibit "B". 6. That the permit granted by the Board of County Commissioners expired by its terms . 7. That the Department of Planning Services is not authorized to grant Special Use Permits. / 8. That the Department of Planning Services is not authorized to alter actions of the Board of County Commissioners. 9. That the construction of the feedlot is proceeding in violation of the Zoning Resolution and Regulations of Weld County. WHEREFORE, Petitioner' s pray: 1 . That the Board of County Commissioners proceed to hold the action of the Department of Planning Services in issuing Exhibit "B" , as an invalid act by said Department. 2. That the Board of County Commissioners institute injunction, mandamus, abatement or such other appropriate action or proceeding to enjoin , abate or remove the construction, maintenance and use of property which is the subject of this Complaint. . Ro rt C. urr ughs Attorney for Petition s C.S.C. Reg. No. 142 115 Second Avenue Ault, Colorado 80610 (303) 834-1333 Petitioner' s address: Route 2 , Box 187 Eaton, Colorado 80610 CERTIFICATE OF MAILING I hereby certify that I have mailed a true and correct copy of the above and foregoing Complaint in Appeal , by placing same in the U.S. Mail , postage prepaid, and addressed to: Department of Planning Services County Attorney Centennial Center Centennial Center Greeley, CO 80631 Greeley, CO 80631 this "il day of May, 1979. • .. . . GHEELEY,COLC:H-1..- • • . . u..ry 21 , 1979 Mr . Ronald Pappenheim Rt . 2 Box 187B Eaton, CO 80615 RE: Special Use Permit #207 for a cattle feedlot operation dated January, 1973 Dear Mr. Pappenheim: ' Thank you for your letter which I received on February 2, 1979. I Have discussed the content with the Weld County Attorney, Russ Anson, and it has been determined that you can proceed with your plans to construct the feedlot. It must be, of course, understood that the development standards set forth in Special Use Permit #207 which you received in January, 1973 , are to be complied with and not altered in any manner whatsoever. Due to the decline in the naia '_:aret which created the delay in construction of your opera- tion , this office believes the delay is justified, and therefore, your reasons for not pursuing with due deligence the permit granted you in 1973 is understood. If you have any further questions regarding this matter , please feel free to contact me. Sincere y Cath E. Carte I Zoning InspectorGt CEC/csd Exhibit "B" April 3 , 1979 LHR 849 Mr. Robert Burroughs , 115 2nd Ave. Ault, Colorado, phone #834-1333 ordered a transcript of the hearing and decision regarding a land use permit requested by Mr. Ronald Pappenheim, in 1973 . The transcript was picked up by Mr. Burroughs on April 4 , 1979 . ACTING CLERK TO THE BOARD _etch fill Mr. Burroughs was charged the base fee of $5. 00 and $1. 95 per page. Base Charge $5 . 00 9 pages at $1. 95 each 17 . 55 TOTAL $22 .55 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 -1- 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 of 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? -2- 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. -3- 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 -4- 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 of 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: -5- 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 of 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? -6- 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) -7- 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. -8- 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. c/79 alac/O, ' oAzedi s,)t- - 672/ e , r--Filieett- /efeW/ ecom • aeyeed 474/ / 72,etitot, ;t1C0:00t.e) C • ee(176,4ed- e 106144)60, SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) ❑ Show to whom, date and address Deliver ONLY where delivered ❑ to addressee e RECEIPT Received the numbered article described below REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE (Must always be filled in) i MIMED N0. ft-Y7 © SIG TURE OF ADDRESSEE'S AGENT, IF ANY ' INSURED NO. agra-A-71D .�' . s, . . - � rte_ _ a. _at_ DATE DELIVERED - - SHOW WHEREOF!. ' D 'i (o,�ty FI 'err - mid lhchsde ' Mode) 4 • 02- d Ns I a` y`.; ,,f~ (aniiiiII4/WO;} �f • �A�< ♦ . r � .' 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