« back

Redlands Mesa Kuntz Chicken Ranch Reviewed by Leroux Creek APC

October 2nd, 2015

Filed under Community, Featured, Food and Wine, Hotchkiss, News

Chicken at the Fair 2013WEB

Redlands Mesa Kuntz Chicken Ranch Reviewed by Leroux Creek APC

By Thomas Wills

Leroux Creek Advisory Planning Committee

September 15, 2015 – Hotchkiss Fire Station

Members present: Dan Bolton, Dan Stucker, Susan Raymond, Kim Shay and Tom Wills (this reporter representing the Town of Hotchkiss).  Staff:  County (contract) Planner – Kelly Yeager and Ken Nordstrom – Delta County Health Department.  

The Leroux Creek Advisory Planning Committee, the local-local first level of review for subdivisions and changes of use held a rare meeting on September 15 at 7 p.m. at the Fire Station in Hotchkiss to review a proposal made by the Kuntz family (David, Jackie, Tyler and Derek) to open a confined chicken layer barn at 27762 Buffalo Road on the southern edge of Redlands Mesa. The barn, which has already been constructed, will house about 20,000 hens, making the facility about the third larger than the similar idle facility located on Powell Mesa.

The proposal does not appear to have the problems faced by the Powell Mesa barn in that there are no nearby neighbors and the closest neighbors (about 1,200 to 1,500 feet away), Dave and Sue Whittlesey of High Wire Ranch, are supportive of the proposal. The release of fine dust and allergens that affected nearby neighbors was the primary problem on Powell Mesa.  This proposal is located in a much more rural, larger lot, agricultural area.  There are some smaller parcels located north of High Wire Ranch.

After voting in Dan Bolton as the new Chairman, some discussion, and financial questions from member Dan Stucker that were framed in favor of the application, and a single positive comment from next door neighbor Dave Whittlesey, the committee voted 4-0 with one abstention, to recommend approval, to the Delta County Planning Commission, of the proposal as presented.  About a dozen members of the public were present but no one spoke other than Whittlesey.

The only note of controversy came from member, Dr. Susan Raymond, who read a statement recusing herself from voting based on her being a co-plaintiff in the long running challenge of how the County handled the previous Powell Mesa/East Redlands proposals. According to Raymond the case is currently waiting to be heard (or rejected for hearing) by the Colorado Supreme Court. Raymond’s statement also asked that the members of the LCAPC, County Planning Commission and County Commissioners involved in the previous vote also recuse themselves. She wrote that there was a conflict of interest and “an independent decision maker should be appointed to decide on this application.”

Tom Wills (this reporter) noted that the Kuntz application was not connected to the Hostetler applications and should be judged on its own.  He noted that the applicant has apparently met all of the counties requirements under the Regulations for Specific Development and there were no impact issues similar to the Hostetler case due to the more remote location. He recommended approval.

In a very odd last minute addition, the LCAPC members received a memo from County Attorney, Jin Ho Peck, that seemed to invoke a portion the State right-to-farm statutes in favor of the application and also disagreeing with a separate memo from Ken Nordstrom of the Delta County Health Department regarding a recommendation that general Best Management Practices be followed by the new facility.

In an equally interesting turn of events, former Delta County Planner, Kelly Yeager, who as a private planner previously represented the Hostetler family in their Powell Mesa/Redlands chicken barn applications, was present acting as the new contract County Planner.  According to Yeager, former lead planner Dave Rice has resigned and the County Planning Department is now down to Yeager and a secretary.

After some early controversy, including the fact that the barn was built before the Specific Development (commercial change) application was filed with the County, the proposal now appears to conform to the County’s regulations.  In a memo sent only to adjacent property owners within 1,000 feet there were included drainage plan maps.  In an earlier submission the drainage plan and a driveway permit were lacking and the Kuntz’s asked for, but were denied, an exception to not completing those items. A driveway permit was also obtained.

The application information estimates that the barn will be a $500,000 a year business and will benefit the local economy by purchasing feed grains locally as well as providing employment to family members. The 700 acre Kuntz ranch is currently a cow calf beef operation with cattle on the land in the winter and hay grown in the summer.

The barn is located on dry, non-agricultural land, between two hay fields, at the edge of a dry draw that has no regular running water in it but protections (drainage plan) will be in place to prevent erosion and contamination in case of flood events. The draw proceeds south down the steep south edge of Redlands Mesa onto lands owned by Hotchkiss Ranches (John Hotchkiss). Vegetation thinning is taking place to mitigate wildfire risks to the structure.

According to David Kuntz there are currently 10 such poultry layer barns operating in neighboring Montrose County which allow them as a right under agricultural zoning. One barn recently opened on Fruitland Mesa in Montrose County.

The Delta County Planning Commission conditionally approved the  proposal on September 23 at 5:30 p.m. in Room 234 of the Delta County Courthouse and a Board of County Commissioners review is set for October 5 at 10 a.m. in room 236 of the Delta County Courthouse.   Public comment may be sent to planning@deltacounty.com.  Or by mail to the Delta County Planning Department at 501 Palmer #227, Delta CO, 81416.

The use is being review under the Delta County Regulations for Specific Development:

Under exemptions:

           

  1. Agricultural uses of the land that produce agricultural and livestock products that originate from the land’s productivity for the primary purpose of obtaining a monetary profit, except for new confined animal operations and commercial animal slaughter and rendering facilities.

Under new uses subject to review:

  1. Confined Animal Operations including but not limited to commercial feedlots, dairies, kennels, poultry and fur farms (Note – The rearing of livestock, where offspring are raised on the ranch or farm and are fed out is exempt from review.)

(Editor’s Note: the latter of the above appears to grant an exemption to a chicken confinement operation where the chicks were hatched on the same farm, regardless of numbers or impacts on surrounding property owners.)

 

Disclosure:  The writer is the Town of Hotchkiss’ representative on the LCAPC as of September of 2015. He previously served as the committee’s secretary from 2000 to 2010. He is also an elected Hotchkiss Trustee and member of the Hotchkiss Planning Commission.

 

Oct 2015 Hive Workshops

 

9.15 - Bross - Pirate mystery.indd

 

Tags: , , ,