HomeMy WebLinkAbout20081289.tiff (g MEMORANDUM
• VI`P� TO: Clerk to the Board
DATE: April 7, 2008
COLORADO
FROM: Hannah Hippely
SUBJECT: 2ndAMUSR-1405 Schedule
Conditions of approval which were required to be completed prior to scheduling the Board of
County Commissioners hearing for this case have been satisfied.
Please schedule this case for a hearing.
Thank you.
•
• EXHIBIT
Il6
2008-1289 ad Am to 2#14x5
Hannah Hippely
rom: Don Dunker
nt: Monday, March 31, 2008 7:50 AM
Hannah Hippely
Cc: David Bauer; Don Dunker; Donald Carroll
Subject: 2nd AmUSR-1405 Aurora Dairy Corporation
Hi Hannah,
The Aurora Dairy Corporation ditch agreement with Sekich #3 Ditch Company entered into on
March 11, 2008 is acceptable. A BOCC hearing can be scheduled.
Thanks,
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
•
•
1
AGREEMENT TO ALLOW DISCHARGE OF SURFACE DRAINAGE WATER INTO
• SEKICH#3 DITCH
Skikrok
THIS AGREEMENT is entered into this i(fki, day of February, 2008, by and
between The Donna L. Sekich Trust(Donna L. Sekich,Trustee), Fred M. Sekich Trust A
(Donna L. Sekich, Trustee), Donna L. Sekich, Nick Sekich, Jr., and Karen S. Sekich
hereinafter collectively called ("Sekich"),whose address is do Nick Sekich, 6790 WCR 32,
Platteville, CO 80651, and Aurora Dairy Corporation ("ADC"), whose address is 1401
Walnut Street, Suite 500, Boulder, CO 80302.
WITNESSETH
WHEREAS,Sekich owns, has an easement for or otherwise has the right of use of
a ditch flowing in a generally Northwest to Southeast direction in the North One Half(N1/2)
of Section Thirty (30), Township Three (3) North, Range Sixty-seven (67) West of the 6'
P.M., Weld County, Colorado, which ditch is known as the Sekich#3 Ditch ("Ditch"); and
WHEREAS, said Ditch is located upon property of ADC and/or its subsidiary which
property is described as Lot A of RE-4654 being part of the North East One Quarter
(NE1/4)of Section Thirty(30),Township Three (3) North, Range Sixty-seven(67)West of
the 6th P.M., Weld County, Colorado, ("ADC Property'); and
WHEREAS, ADC is in the process of seeking approval of a Second Amended Use
• by Special Review-1405 for a milk processing plant and facility located upon ADC's
Property; and
WHEREAS, ADC desires to discharge storm water runoff from the ADC Property
into said Ditch;
NOW, THEREFORE, in consideration of the execution of this Agreement and in
consideration of the covenants contained herein and other valuable consideration, the
parties mutually agree as follows:
1. The above recitals are incorporated herein by reference.
2. Sekich grants to ADC the non-exclusive right to discharge surface storm
water runoff accumulations from a 1.6 acre drainage area into the Ditch. The 1.6 acre
drainage area and point of discharge are located on the ADC Property South of State
Highway 66 and North of the Ditch.
3. The discharge structure ("Improvements")as described hereinafter shall be
maintained in a permanent open position to allow the discharge of drainage water into the
Ditch.
•
notice to ADC,terminate this Agreement,and,at ADC expense, remove the Improvements
so that no water can be discharged into the Ditch and/or Sekich may seek other remedies
as may be appropriate.
10. This Agreement is perpetual unless and until it is terminated or revoked
pursuant to terms and provisions recited in this Agreement. Failure by ADC or Sekich to
enforce any or all provisions of this Agreement at any time does not, and shall not,operate
as a waiver or estoppel.
11. Sekich shall have full power to access, operate, maintain, enlarge, lease or
otherwise clean and manage the Ditch and appurtenances as if this Agreement had not
been made. In the event, however, that any such action on the part of Sekich could
reasonably be expected to affect the Improvements, Sekich agrees to give prior notice to
ADC and to cooperate with ADC to avoid damage to those Improvements.
12. As consideration for this Agreement,ADC shall pay to Sekich the sum of Five
Hundred Dollars ($500.00) upon execution of this Agreement.
13. This Agreement and all of its terms and conditions shall be binding upon and
extend to the heirs, successors and assigns of each of the parties hereto. This Agreement
shall be appurtenant to and run with the title to the land hereinabove described and
referred to as Lot A of RE-4654 and to the Sekich Property described as: A parcel of land
located in the Northwest one-quarter of Section 29, T3N, R67W of the 6 P.M., Weld
County, Colorado, being more particularly described as follows:
• Beginning at a point on the west line of the Northwest one-quarter of said Section
29,whence the Northwest corner bears North 00°09'33"East 40.00 feet;thence along the
South right-of-way line of State Highway Number 66 (recorded in Book 1490 at Page 283)
South 89°16'24" East 330.60 feet;thence South 80°27'2"West 968.23 feet;thence North
88°57'19"West 325.70 feet to a point on the west line of the Northwest one-quarter of said
Section 29;thence along said line North 00°09'33" East 96.46 feet to the point of beginning
containing 7.287 acres more or less.
14. Any notice required or permitted hereunder shell be deemed effective when
deposited in the U.S. Mail, first class postage prepaid, to the parties at the following
addresses:
To Sekich:
do Nick Sekich
6790 WCR 32
Platteville, CO 80651
411
4. The Improvements shall be constructed by ADC at its own expense and on
•
the ADC Property.
5. At least twenty (20) days before construction of any Improvements, or any
repair of the Improvements,ADC will submit to Sekich legible plans and specifications of
any contemplated work prior to the commencement of construction or any repair. ADC
shall reimburse Sekich for reasonable time spent by representatives of Sekich and their
supervision or review of the work. Furthermore,should Sekich retain an engineer to assist
it in reviewing plans or supervising the work, ADC shall reimburse Sekich for all such
reasonable expense not to exceed One Thousand Dollars ($1,000.00). Sekich shall not
unreasonably withhold its approval for any construction,maintenance and repair. It is also
agreed such review and approval of any plans and specifications does not constitute an
engineering approval or review and does not affect, release or limit ADC from any
obligation, responsibility or liability recited or contemplated in or by this Agreement. Sekich
shall be allowed to inspect the construction, maintenance or repair of any Improvements.
In the event that the drainage water causes erosion or other problems in the Ditch,ADC,at
its expense,shall promptly take such steps to cure such erosion or other problems as are
reasonably required by Sekich.
6. The Improvements shall be constructed, maintained and repaired by ADC at
its expense. However in the event that any sum is expended by Sekich for emergency
repair or maintenance to the Improvements, ADC shall reimburse Sekich for such
reasonable expense. In the event Sekich finds it necessary to make emergency repairs to
the Improvements, Sekich shall be without liability for damage except as to such damages
• which may be caused by negligence of Sekich. Determination whether repair or
maintenance is necessary and whether an emergency exists shall be at the sole discretion
of Sekich.
7. Construction, installation, maintenance and repair of the Improvements shall
be without disturbance to the normal operation of the Ditch unless permission in writing is
first received by Sekich for such disturbance. ADC expressly agrees that it shall be liable
to Sekich for any damages caused by ADC's unauthorized disturbance or damage to the
Ditch. Original construction work shall be completed not later than March 1, 2009 unless
Sekich otherwise agrees in writing and any work, except for emergency situations,whether
for original construction,or maintenance and repair, must be accomplished during the non-
irrigation season unless otherwise approved by Sekich.
8. Any water originating from the ADC property to drain from the 1.6 acres into
the Ditch shall be at all times suitable for agricultural use, be non-hazardous to humans,
and be otherwise suitable for its historic uses and such water shall meet the then current
local, state, and federal water quality standards for point sources discharges.
9. ADC, its successors and assigns, shall forever hold harmless Sekich from
liability for damage to Sekich or third parties resulting from ADC's failure to meet the water
quality standards stated above, In the event that the water quality standards recited in this
paragraph are violated, Sekich may, at its election, and upon thirty (30) days advance
•
To ADC:
• Aurora Dairy Corporation
1401 Walnut Street, Suite 500
Boulder, CO 80302
IN WITNESS WHEREOF, Sekich and ADC have executed this Agreement on the
day and year first above written.
The Donna L. Sekich Trust Aurora Dairy Corporation
By: /"'By: e COSA0,-
Donna L. Sekich;Trustee by Name: e. c.c)tisa,
Randall C. Sekich, Attorney-In-Fact Title: V
AJA-
Donna kich, an i ividual by
Randall C. Sekich, Attorney-in-Fact
Fred M. Sekich Trust
• By:I0 _AA
�L✓cf +/C/�
Donna L. Sekich, Trustee y
Randall C. Sekich, Attorney-in-Fact
4,42,
iick Sekiicch,r,
I .2,L.,/
n S. Sekich
•
STATE OF COLORADO )
S )
COUNTY OF WELD ) ss.
The foregoing instrument was acknowledged before me this a2tfday of February,
2008 by Randall C. Sekich, as Attorney-in- Fact for Donna L. Sekich as Trustee for the
Donna L. Sekich Trust, Donna Sekich as Trustee for the Fred M. Sekich Trust, Donna L.
Sekich; Nick Sekich, Jr.; and Karen S. Sekich.
WITNESS MY HAND AND OFFICIAL SEAL.
Myc•..--u: -nn,:\:� 'fires: 7 'a5-or
• 1.04) eerfineti 41.6 hot
et I
y Notary Public
•
/ :/ •
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rr, ..BL.G P�i
STATE OF COL* -T DO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of February,
2008 by as
for Aurora Dairy Corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
it
•
•
4/s
St. Vrain
• SANK TAT I ON
DI STRICT
May 14, 2008
Mr. Jay Wilson
Senior Vice President/Chief Operating Officer
1401 Walnut Street
Fifth Floor
Boulder, Colorado 80302-5328
Regarding: Letter dated May 12, 2008 from TETRA TECH addressing the
processing plant overflow pond - 2n° AmUSR-1405 Weld County.
Dear Mr. Wilson,
St. Vraln Sanitation District (SVSD) is in agreement with the letter dated May 12,
2008 from TETRA TECH. The overflow pond must still be available for runabllitiy
issues related to the Pretreatment system and processing plant on site.
• Please provide a copy to SVSD on the planned modification to the pond when
available for comment.
Please call or write with any questions you may have. I can be reached at 303-
682-4681.
Since ,
Robert Fl ck
District Engineering / Project Manager
St. Vrain Sanitation District
11307 Business Park Circle
303-776-9570
CC file
Dave Cross
Megan Humbrecht
• EXHIBIT
1
1151 TETRA TECH
•
May 12,2008
Mr.Rob Fleck
St.Vrain Sanitation District
11307 Business Park Circle
Firestone, CO 80504
RE: Aurora Organic Dairy Milk Processing Plant,2°"AmUSR-1405,Weld County,Colorado
Dear Rob:
This letter addresses a Condition of Approval for the Aurora Organic Dairy(AOD)Milk Processing
Plant, 2°"AmUSR-1405 application to Weld County. Condition 2.J. reads as follows:
"The applicant shall submit,to the Department of Planning Services,written evidence from the St. Vrain
Sanitation District that the lagoon,formerly used as part of the site's sanitation facilities, is no longer
needed for that purpose and may be repurposed as a stormwater detention pond,as suggested by the
applicant."
Currently the pond is utilized as an overflow pond for the Processing Plant and the effluent is then
pretreated prior to discharging into the District's sewer line. It is AOD's intention to continue to utilize
• the pond for that purpose,as well as for stormwater detention and for irrigation purposes. The pond will
be designed and engineered so that it will function appropriately for all three uses. If additional
pretreatment appurtenances are required,we will continue to work with the District,as addressed in the
letter to Megan Humbrecht dated May 12, 2008 in response to her referral to Weld County dated
November 20,2007.
It appears that the Weld County Department's of Planning and Public Works may have misinterpreted the
long term plans for the pond. We would appreciate your response to Weld County to clarify the District's
position on continuing the use of the pond for the purposes of an overflow pond,and that there are no
concerns for the uses of stormwater detention and irrigation purposes within the same pond,as long as it
is designed for those purposes. Please forward a letter or e-mail response to Jay Wilson,AOD,
addressing this condition.
We appreciate your input on this project. Please contact me at 303-772-5282 with any questions
regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance.
Sincerely,
TETRA TECH
Julie Cozad
Planning Department Manager
•
1900 S.Sunset Street Suite I-F Longmont.CO 80501
Tel 303 772.5282 Fax 303 772.7039 www.tetratech.com
A#
St. Vrain
• SANT TAT ON
DISTRICT
May 14, 2008
Mr. Jay Wilson
Senior Vice President/Chief Operating Officer
1401 Walnut Street
Fifth Floor
Boulder, Colorado 80302-5328
Regarding: Letter dated May 12, 2008 from TETRA TECH addressing referral
responses from St. Vrain Sanitation District.
Dear Mr. Wilson,
St. Vrain Sanitation District (SVSD) is in receipt of a letter dated May 12, 2008
from TETRA TECH which addresses our referral comments. SVSD appreciates the
willingness of the Dairy to accommodate our requests when the time comes to
address each listed issue In Its entirety.
• Please call or write with any questions you may have. I can be contacted at 303-
682-4681.
Sincerely,
Robert Fleck
District Engineering / Project Manager
St. Vrain Sanitation District
11307 Business Park Circle
303-776-9570
CC file
Dave Cross
Megan Humbrecht
•
TETRA TECH
May 12,2008
Ms. Megan Humbrecht
Project Assistant
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, CO 80504
RE: Aurora Organic Dairy Milk Processing Plant,2"d AmUSR-1405, Weld County,
Colorado
Dear Ms. Humbrecht:
Thank you for your referral for the Aurora Organic Dairy Milk Processing Plant,2"d AmUSR-
1405 application to Weld County. Your response indicated that the project is located within the
St. Vrain Sanitation District(SVSD)208 service area and will be served contingent on the
following:
• Approval of civil and mechanical drawings
• At this time, no new sewer service is anticipated for this facility. Any new services
required as a result of the expansion will designed by a Professional Engineer.
Civil and mechanical drawings will be submitted to the District for your approval, at
that time.
• Installation of sampling manhole
See above. If any new service is required as a result of the expansion, the applicant
will work with the District for locations and requirements for sampling manholes.
• Installation of pretreatment appurtenances, if needed.
Pretreatment appurtenances are currently in place for the milk processing plant and
have been approved by the District. If additional pretreatment appurtenances are
required, the applicant will submit those plans to the District for approval and
install them per any engineered designed approved by the District.
• Completion of waste water questionnaire.
A waste water questionnaire has been submitted to the District for the existing sewer
connection. If additional sewer service is required, an additional questionnaire will
be provided to the District.
• Proof of water tap size
Proof of water tap size has been submitted to the District for the existing sewer tap.
If an additional tap is required, the water tap will be resubmitted to the District.
• Purchase of sewer tap
An additional sewer tap is not required at this time. If an additional sewer tap is
required, the applicant will purchase it at the time it is needed
• • $130 Plan Review Fee
1900 S.Sunset Street Suite I-F Longmont.CO 80501
Tel 303.772.5282 Fax 303 772.7039 www.tetratech.com
Page 2 of 2
Ms.Megan Humbrecht
May 12, 2008
•
The$130 Plan Review Fee will be submitted to the District if any additional services
are required.
We appreciate your input on this project. Please contact me at 303-772-5282 with any questions
regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance.
Sincerely,
TETRA TECH
7 7
u (�
lie Cozad
Planning Department Manager
•
411
•
•
TETRA TECH
May 12, 2008
Ms.Nancy McIntyre
Longmont Conservation District
9595 Nelson Road, Box D
Longmont, CO 80501
RE: Aurora Organic Dairy, Use by Special Review Application Referral Comments,
Weld County Project 2"d AmUSR-1405
Dear Ms. McIntyre:
Thank you for your response to the referral request from Weld County for the Aurora Organic
Dairy, Use by Special Review Application. We have reviewed your comments and are
addressing them as follows:
• Prime Farmland: The land is prime if irrigated,but is currently used for the milk
processing plant and other related projects. The property will continue to be used for
agricultural purposed, including irrigated pasture.
• • Noxious weed control: The site is an organic property and proper weed control will be
exercised to meet organic standards and manage noxious weeds.
• Soils Limitations: If any shrink-swell soils are encountered during new construction,an
engineer will be contacted to help with foundation design.
Please contact me at 303-772-5282 with any questions regarding this letter or the Aurora Organic
Dairy project. Thank you for your assistance.
Regards,
TETRA TECH a j
Julie Cozad
Planning Department Manager
•
1900 S.Sunset Street,Suite 1-F Longmont,CO 80501
Tel 303 7715282 Fax 303.772.7039 www.tetratech.com
TETRA TECH
May 12, 2008
Mr.Joe Gerdom
Town Planning Consultant
Town of Mead
935 Petras Street
Erie,CO 80516
RE: Aurora Organic Dairy Referral Comments,Weld County Project 2nd AmUSR-1405
Dear Mr. Gerdom:
Thank you for your referral for the Aurora Organic Dairy,a Use by Special Review application to Weld
County. In your referral response dated November 7,2007,you expressed the following concerns or
recommendations. Our response follows:
• Traffic concerns due to the increased number of employees and impacts of the Milk
Processing Facility.
A traffic study has been completed by Gene Coppola,P.E. and has been submitted to
the Colorado Department of Transportation (CBOT)and to Weld County Public Works.
• The applicant will continue to work with CDOT on any required improvements due to
impacts directly related to the operation.
• Annexation Request
The applicants currently do not have plans for a residential component on this
particular property, so annexation will not be requested at this time.
We appreciate your input on this project. Please contact me at 303-772-5282 with any questions
regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance.
Regards,
TETRA TECH
05466l\ 6-2"�
Julie Cozad
Planning Department Manager
•
1900 S.Sunset Street Suite 1-F Longmont CO 80501
Tel 303.772.5282 Fax 303.772.7039 www.tetatech.com
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Page 1 of 1
Jennifer VanEgdom
From: Chris Gathman
Sent: Monday, June 09, 2008 9:10 AM
To: Jennifer VanEgdom
Subject: Development Standard #24 -2nd AMUSR-1405-Aurora Dairy
Jenny,
Please remove development standard #24 as it refers to landscaping and no landscaping is required for this USR.
Sincerely,
Chris
Chris Gathman,AICP,Planner II
Weld County Department of Planning Services
918 10th Street,Greeley,Colorado 80631
ph(970)353-6100 ext. 3540 fax(970)304-6498
: Ytrv,
`t d.
6/9/2008
PLANNING COMMISSIONER' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MAY 11, 2008. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR 2nd AMUSR-1405 IN THE AGRICULTURAL ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
ark) Att_
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this&day of ` ) Q , 2008.
WITNESS my hand and official seal.
•
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My Commission Expires �lF'�F`pelt
10-14-2011
My Commission Expires:
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