HomeMy WebLinkAbout20093802.tiffAnvsc. PR 614
AGP RO fe ssionais, LLC
DEVELOPERS OF AGRICULTURE
September 29, 2009
Mr. Kim Ogle
Weld County Department of Planning Services
918 10`" Street
Greeley, CO 80631
Subject: Mile High DairyAMUSR-686)&GPRO Job #2315-04
Dear Mr. Ogle:
Weld County Planning Department
GREELEY OFFICE
OCT a zan9
RECEIVED
This letter is in regards to the Mile High Dairy AMUSR-686 complaint that the property's exterior lighting is not in
compliance with the Operations Standards of Section 23-2-250 of the Weld County Code. The Department of Planning
Services, in an email dated April 21, 2009 from Ms. Jacqueline Hatch, gave notice of violation to Mile High Dairy for the
lighting standards, as approved by the Board of County Commissioners on October 23, 1985. Planning Services agreed to
postpone the Probable Cause public hearing to allow Mr. Bangma to proceed with completing the AMUSR-686 Conditions
of Approval.
Mr. Bangma, in a letter dated May 12, 2009 addressed to Ms. Jacqueline Hatch-Drouillard, agreed to tum off the BamLiter
lights in the south free stall until such time that the lights can be shielded to comply with the Weld County Zoning
Ordinance, Operating Standard 23-2-250.D. These lights have been turned off since May 13, 2009. The plat submitted for
approval to Planning Services also shows these lights as off. •
At this time, as indicated in the email dated July 9, 2009 from Ms. Hatch-Drouillard, all of the Conditions of Approval for
AMUSR-686 have been approved by Planning Services except Condition O, which is under review with the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and Environment.
Mr. Bangma has complied with the Development Standards and is in compliance with the approved lighting plan.
If you have any questions please call me at (970) 535-9318.
Th> ' you,
Tim Naylo
Planning .nsultant
Cc. Wes Bangma
Attachments:
Apri121, 2009 email
May 12, 2009 Letter
July 9, 2009 email
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont, CO 80504
970.535.9318 / office o 970.535.9854 / fax o www.agpros.com
PLOOIIO
gooq —3862
rage i of a
Tim Naylor
From: Jacqueline Hatch [jhatch@co.weld.co.us]
Sent: Tuesday, April 21, 2009 2:56 PM
To: Tim Naylor; bangmafamily@yahoo.com
Cc: Thomas Honn
Subject: Bagma Dairy
Tim,
Notice is hereby given that the property listed above, is not in compliance with USR-686
(Special Use Permit for a livestock confinement operation). All conditions of the original permit
must be in compliance by May 4, 2009 or a Probable Cause public hearing, pursuant Chapter
23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review
case number USR-686, for compliance with the Development Standards and Conditions of
Approval, as approved by the Board of County Commissioners on October 23, 1985, to
determine if probable cause exists to hold a hearing on revocation of the permits.
I have received the email below regarding the lighting and the number of head at the Bangma
Dairy. The site is not in compliance with the following Development Standards:
#1 The Use by Special Review permit is for a livestock confinement operation for a dairy as
submitted in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated herein. The maximum number of animal units
permitted don the property is 900 head...
#9 The applicant shall comply with the Operation Standards for Uses by Special Review,
Section 24.6 (Operation Standard 23-2-250.D in today's code) of the Weld County Zoning
Ordinance. Section 23-2-250.D states "The uses shall comply with the following lighting
standards:
1. Sources of light, including light from high -temperature processes such as
combustion or welding, shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use on the
adjacent properties; and
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets and no colored lights may be used
which may be confused with or construed as traffic control devices.
If it is determined at the public hearing that there is probable cause that you are not in
compliance with USR-686, the Board of County Commissioners will schedule a Show Cause
public hearing to consider revocation of the Use by Special Review permit. I have enclosed a
copy of the Plat Map and the Board of County Commissioners resolution for your
convenience.
Please let me know how these concerns have been addressed and any information you have
that may help to resolve this matter will be helpful. Should you have any questions regarding
9/29/2009
rage z oI z
this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to
schedule an appointment so that I may reserve a sufficient amount of time with you.
Thank you
Jacqueline
Jacqueline Hatch-Drouillard
Weld County Department of Planning Services
4209 CR 24.5
Longmont CO 80504
720-652-4210 x8728
Original Message
From: Don Abdow [mailto:dabdow@gmail.com]
Sent: Friday, April.17, 2009 3:36 PM .
To: Douglas Rademacher
Subject: Bagma Dairy Operations on County Rd 5
Mr. Rademacher,
The dairy next door to me last year went through the county to increase his herd.
This was approved by the county based on meeting requirements. One of those
requirements was to block all the light at night from the lot next to mine. This
has not stopped since the approval. I gave Wes time to make the adjustments in his
operation, one year. A couple of weeks ago I stopped him as he was hauling manure
from a 15 -foot high by a couple hundred feet long in -the— lot next to me. I asked
him' what his plan was to block the light. His reply was. that due to the low price
of milk he couldn'.t comply. He said he did adjust them but I cannot tell a
difference.
He did increase his herd, he bought additional land, he build a holding pond, he
bought a large sprinkler, and many other expenditures. What is my alternative?
Obviously he isn't going to meet this requirement. I don't know if you havedriven
by at night but it is obnoxious. I can't walk on the north side of my house
without shielding my eyes from the light.
I asked during the hearing who do we speak to regarding issues about the dairy and
you replied the commissioners. I hope to hear from you soon.
Respectfully,
Don Abdow
15093 WCR 5
Longmont, CO 80504
Cell Phone 303-775-4628
9/29/2009
GPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
May 12, 2009
Ms. Jacqueline Hatch-Drouillard
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: AMUSR-686 - Job #2315-04 Mile High Dairy AMUSR
Dear Ms. Hatch-Drouillard:
In regards to the AMUSR-686 Mile High Dairy compliance violation, Mr. Wes Bangma agrees to turn
off the BarnLiter lights in the south free stall until such time that the lights can be shielded to comply
with the Weld County Zoning Ordinance, Operation Standard 23-2-250.D.
Please accept this as compliance with the Operations Standards for Use by Special Review, Section 23-
2-250.D.
If you have any questions please call me at (970) 535-9318.
Thank you,
im Naylor
Planning Consultant
Cc. Wes Bangma
Tom Honn
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.93I8 / office 970.535.9854 / fax : www.agpros.com
rage i or z
Tim Naylor
From: Jacqueline Hatch phatch@co.weld.co.us]
Sent: Thursday, July 09, 2009 4:09 PM
To: Tim Naylor
Subject: RE: AmUSR-686, Martin & Johanna Bangma 1989 Trust & Rocky Mountain Fuel Company, represented
by Mile High Dairy LLC
I believe that is the last item to get done.
thanks
From: Tim Naylor [mailto:tnaylor@agpros.com]
Sent: Thursday, July 09, 2009 3:45 PM
To: Jacqueline Hatch
Subject: RE: AmUSR-686, Martin & Johanna Bangma 1989 Trust & Rocky Mountain Fuel Company, represented by
Mile High Dairy LW
That's great, so if I'm correct we need the final approval of the collateral letter and improvements agreement and
Condition O. Is that correct?
Thanks
Tim
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Wednesday, July 08, 2009 4:02 PM
To: Tim Naylor -
Subject: FW: AmUSR-686, Martin & Johanna Bangma 1989 Trust & Rocky Mountain Fuel Company, represented by
Mile High Dairy LLC
Tim,
Please see the email below.
Thanks!
Jacqueline
From: Don Dunker
Sent: Wednesday, July 08, 2009 3:43 PM
To: Jacqueline Hatch
Cc: Don Dunker
Subject: AmUSR-686, Martin & Johanna Bangma 1989 Trust & Rocky Mountain Fuel Company, represented by Mile
High Dairy LLC
Jacqueline,
The comments below sent to you in an email dated May 21, 2009 as an attachment have been addressed
by the Applicant's consultant.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
9/29/2009
Page 2 of 2
fax: 970.304.6497
ddunker@co.weld.co.us
18, 2009
Rocky
MEMORANDUM
TO: Jacqueline Hatch, Planning Services DATE: May
FROM: Don Dunker, P.E., CFM, Public Works
SUBJECT: AmUSR-686, Martin & Johanna Bangma 1989 Trust &
Mountain Fuel Company, represented by Mile High Dairy LLC
The Weld County Public Works Department has reviewed this proposal; this project falls
primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article
II, Division 4, Section 23.
Our comments and requirements are as follows:
REQUIREMENTS:
The applicant shall correct the cover letter ...pump down elevation of 5093.5' in the
last sentence of the third paragraph is not correct.
All calculation and chart sheets shall be stamped, signed and dated by a license
Engineer able to practice within the State of Colorado.
When showing the sighttriangles on the plat follow the Colorado Department of
Transportation (CDOT) procedure. Include the sight triangle symbol in the legend.
Correct the spillway elevation on the Plat it should be 5043.3'.
Label County Road 5 on the plat map.
Label the feed alley surface treatment on the Plat.
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
fax: 970.304.6497
ddunker@co.weld.co.us
9/29/2009
rtmBnr
GREELEY OFFICE
MAY. 15 ppgg
AGPROfessionaflkYeP
DEVELOPERS OF AGRICULTURE
May 14, 2009
Mr. Tom Honn
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: 1VIUSR=686 \Job #2315-04 Mile High Dairy AMUSR
Dear Mr. Honn:
In regards to the AMUSR-686 Mile High Dairy compliance violation, it is Mile High Dairy's
contention that the dairy is in compliance with the Development Standard #1 and Section 23-3-50 D. of
the Weld County Land Use Regulations.
The County has established precedence with USR-1356 Busker Dairy located in Firestone, Colorado,
which allowed for a permitted head count of 1450 animal units and Uses Allowed by Right allowance
for the additional head on the contiguous parcels. The placement of the animals was not confined to
either parcel, but could move between the parcels as needed.
Currently the Mile High Dairy is located on 2 contiguous parcels, parcel numbers 120717000014 and
120717000027, totaling 183.27 acres. The USR boundary is located on approximately 60 acres with
the remaining acreage being 123.27 acres. USR-686 allows for 900 head on 60 acres and the remaining
123.27 acres will'allow for an additional 493 head as Use by Right. This is a total of 1393 head which
is more animals than are currently located on the property. Based on the established precedence Mile ___
High Dairy is not in violation of the animal units.
At this time, Mile High Dairy has supplied all necessary documentation to the Planning Staff to finalize
and complete the Amended USR-686, and upon approval of the Conditions, will be recording the final
plat. I expect to record the plat by May 20, 2009. AMUSR-686 allows for 1950 head of cattle.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont, CO 80504
970.535.9318 / office o 970.535.9854 / fax o www.agpros.com
Mile High Dairy has established compliance with the USR and Use by Right on the property, and as
indicated in the letter dated May 12, 2009, has corrected the lighting concern. Mile High Dairy requests
that the violation against them be dropped.
If you have any questions please call me at (970) 535-9318.
Thank you,
im Naylor
Planning Consultant
Cc. Wes Bangma
Jacqueline Hatch-Drouillard
Commissioner Rademaker
AGPROfessionals LLC
DEVELOPERS OF AGRICULTURE
April 22, 2009
Mr. Tom Honn
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Subject: Mile High Dairy
Dear Mr. Honn:
Weld County Planning Department
GREELEY OFFICE
APR 2,3 711119
RECEIVED
I am writing in regards to an email from Jacqueline Hatch indicating that Mile High
Dairy is not in compliance with the"TJSR-686, Development Standards and Conditions of
Approval, as approved by the Boar of Cd' ounty Commissioners on October 23, 1985.
Ms. Hatch-Drouillard's letter indicated that the property is not in compliance with the
USR due to having too many animal units and not complying with the Lighting Standards
(Section 23-2-250.D. Mile High Dairy's approved Site Specific Development Plan and
Amended Use by Special Review Permit # 686 dated May 21, 2008 is for "A
LIVESTOCK CONFINEMENT OPERATION (1940 -HEAD DAIRY, INCLUDING.
MILKING COWS, DRY COWS, HEIFERS, AND CALVES)". Mile High Dairy has
significantly less animals than the 1940 head they are approved for and therefore, is in
compliance with the approved Amended Use by Special Review permit. The lighting on
the property has not changed since before the property was purchased by Mr. Bangma
and has never been a problem in twenty-four years since the original USR in 1985,
therefore; it should not be in violation now.
Mile High Dairy is aware of the need to finalize the USR and record the plat; however,
due to the market conditions and economic distress in the dairy industry at the current
time, they are unable to finish the landscape and screening conditions of the Amended
USR to finalize the plat. Mile High Dairy is trying to survive this economic downturn.
As we have seen with the collapse of New Frontier Bank, and the bankruptcy of several
dairies in the County, survival is difficult even without undo burden placed on them by
the County.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont, CO 80504
970.535.9318 / office o 970.535.9854 / fax o www.agpros.com
Mr. Bangma understands the concerns of his neighbors and is doing everything in his
power to minimize the impact the dairy makes on the surrounding area. The additional
land purchased, and the waste water lagoon that was built and the grading and dirt work
that Mr. Abdow addresses in his letter to Commissioner Rademaker are all requirements
of the conditions of approval for the Amended USR and will further mitigate conditions
of the dairy and surrounding area.
I respectfully submit that Mile High Dairy is in compliance with the Amended USR-686
and that a Probable Cause public hearing is unnecessary.
Planning Consultant
End: email
Cc: Wes Bangma
Tom Haren
Commissioner Rademaker
Jacqueline Hatch-Drouillard
Page 1 of 3
Tim Naylor
From: Jacqueline Hatch Dhatch@co.weld.co.us]
Sent: Tuesday, April 21, 2009 2:57 PM
To: Tim Naylor; bangmafamily@yahoo.com
Cc: Thomas Honn
Subject: RE: Bagma Dairy
Attachments: 00850642.001.tif
Sorry I forgot to attach the copy of the Board of County Commissioners resolution.
Thanks!
From: Jacqueline Hatch
Sent: Tuesday, April 21, 2009.2:56 PM
To: Tim Naylor'; !bangmafamily@yahoo.com'
Cc: Thomas Honn
Subject: Bagma Dairy
Tim,
Notice is hereby given that the property listed above, is not in compliance with USR-686
(Special Use Permit for a livestock confinement operation). All conditions of the original permit
must be in compliance by May 4, 2009 or a Probable Cause public hearing, pursuant Chapter
23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review
case number USR-686, for compliance with the Development Standards and Conditions of
Approval, as approved by the Board of County Commissioners on October 23, 1985, to
determine if probable cause exists to hold a hearing on revocation of the permits.
I have received the email below regarding the lighting and the number of head at the Bangma
Dairy. The site is not in compliance with the following Development Standards:
#1 The Use by Special Review -permit is for a livestock confinement operation for a dairy as
submitted in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated herein. The maximum number of animal units
permitted don the property is 900 head...
#9 The applicant shall comply with the Operation Standards for Uses by Special Review,
Section 24.6 (Operation Standard 23-2-250.D in today's code) of the Weld County Zoning
Ordinance. Section 23-2-250.D states "The uses shall comply with the following lighting
standards:
1. Sources of light, including light from high -temperature processes such as
combustion or welding, shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use on the
adjacent properties; and
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets and no colored lights may be used
4/22/2009
J
r
. •
Page 2 of 3
which may be confused with or construed as traffic control devices.
If it is determined at the public hearing that there is probable cause that you are not in
compliance with USR-686, the Board of County Commissioners will schedule a Show Cause
public hearing to consider revocation of the Use by Special Review permit. I have enclosed a
copy of the Plat Map and the Board of County Commissioners resolution for your
convenience.
Please let me know how these concerns have been addressed and any information you have
that may help to resolve this matter will be helpful. Should you have any questions regarding
this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to
schedule an appointment so that I may reserve a sufficient amount of time with you.
Thank you
Jacqueline
Jacqueline Hatch-Drouillard
Weld County Department of Planning Services
4209 CR 24.5
Longmont CO 80504
720-652-4210 x8728
Original Message
From: Don Abdow [mailto:dabdow@gmail.com]
Sent: Friday, April 17, 2009 3:36 PM
To: Douglas Rademacher
Subject: Bagma Dairy Operations on County Rd 5
Mr. Rademacher,
The dairy next door to me last year went through the county to increase his herd.
This was approved by the county based on meeting requirements. One of those
requirements was to block all the light at night from the lot next to mine. This
has not stopped since the approval. I gave Wes time to make the adjustments in his
operation, one year. A couple of weeks ago I stopped him as he was hauling manure
from a 15 foot high by a couple hundred feet long in the lot next to me. I asked
him what_his plan was to block the light. His reply wasthat due to the low price
of milk he couldn't comply. He said he did adjust them but I cannot tell a
difference.
He did increase his herd, he bought additional land, he build a holding pond, he
bought a large sprinkler, and many other expenditures. What is my alternative?
Obviously he isn't going to meet this requirement. I don't know if you have driven
by at night but it is obnoxious. I can't walk on the north side of my house
without shielding my eyes from the light.
I asked during the hearing who do we speak to regarding issues about the dairy and
you replied the commissioners. I hope to hear from you soon.
Respectfully,
Don Abdow
15093 WCR 5
4/22/2009
Page 3 of 3
Longmont, CO 80504
Cell Phone 303-775-4628
4/22/2009
Hello