HomeMy WebLinkAbout20081275.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Aurora Dairy Corporation Case Number 2ndAmUSR-1405
Submitted or Prepared
• Prior to At
Hearing Hearing
-PO-Reseletiorr X
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form -
Letter to Applicant X
Affidavit of sign posting X
2 Legal Notifications X
N. 3 Application X
4 Referral List X
Referrals without comment X
Weld County School District RE-1, referral dated October 26, 2007 X
Colorado Division of Wildlife, referral dated November 2, 2007 X
Weld County Zoning Compliance, referral dated October 22,2007 X
5 Referrals with comments X
Weld County Department of Public Health and Environment, referral dated X
November 19, 2007
Town of Mead, referral dated November 15, 2007 X
Weld County Sherriffs Department, referral dated November 9, 2007 X
Weld County Paramedic Services, referral dated October 24, 2007 X
Colorado Department of Transportation, referrals dated November 7th and X
13th, 2007, and email dated January 3, 2008
St. Vrain Sanitation District, referral dated November 20. 2007 X
Colorado Office of the State Engineer, referral dated October 30, 2007 X
• Weld County Department of Planning Services Landscape Referral, dated X
October 24, 2007
Longmont Conservation District, referral dated November 6, 2007 X
Little Thompson Water District, referral dated October 31, 2007 X
Weld County Department of Building Inspection, referral dated November X
28,2007
Weld County Department of Public Works, referral received November 21, X
2007, and email dated January 3, 2008
6 Maps X
N a Proposed Recorded Exemption
b USR Site Plan
N c Existing USR plat map
7 Deed/ Easement Certificate X
�• 8 Surrounding Property/Mineral Owners X
9 Utilities X
a Little Thompson Domestic Water Agreements for Tap No. 2083 and 621 X
b Request for Industrial Sewer Connection to St Vrain Sanitation District X
10 Soil Survey X
11 PC Exhibits X
a Anadarko Petroleum Corporation Letter, dated 10/26/2007 X
b Anadarko Petroleum Corporation Letter, dated 12/11/2007 X
I hereby certify that the items identified herein were submitted to the Depart ent of Planning Se ices at or prior to the scheduled
oard o County Commissioners hearing.
• Hannah Hippely Planner
EXHIBIT
and A^`USP._*fibs 2008-1275
Serpi'
• COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: 2ndAmUSR-1405 Hearing Date: December 18, 2007
Applicant: Aurora Dairy Corporation c/o AGProfessionals LLC
Address: 4350 Highway 66, Longmont CO 80504
Request: A Site Specific Development Plan and Special Review Permit for a 98,000
square foot milk processing plant in the A(Agricultural)Zone District.
Legal Description: NE4 of the SE4and E2 of the NE4 of Section 30 T3N, R67W of the 6th P.M.,
Weld County, CO.
Location: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR 13.
Size of Parcel: 118 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
• The Department of Planning Services'staff has received responses from the following agencies:
• Weld County School District RE-1, referral dated October 26, 2007
• Weld County Zoning Compliance, referral dated October 22,2007
• Weld County Department of Public Health and Environment, referral dated November 19, 2007
• Weld County Department of Public Works, referral received November 21, 2007, and email dated
January 3, 2008.
• Weld County Department of Building Inspection, referral dated November 28,2007
• Little Thompson Water District, referral dated October 31, 2007
• Longmont Conservation District, referral dated November 6, 2007
• Weld County Department of Planning Services Landscape Referral, dated October 24, 2007
• Colorado Division of Wildlife, referral dated November 2, 2007
• Colorado Office of the State Engineer, referral dated October 30, 2007
• Colorado Department of Transportation, referrals dated November 7th and 13th, 2007, and email
dated January 3, 2008
• St. Vrain Sanitation District, referral dated November 20. 2007
• Weld County Paramedic Services, referral dated October 24, 2007
• Weld County Sherriffs Department, referral dated November 9, 2007
• Town of Mead, referral dated November 15, 2007
Responses were not received from the following agencies:
• US Army Corps of Engineers
• Colorado Water Conservation Board
• Colorado Department of Health
• Mountain View Fire Protection District
• Town of Firestone
• EXHIBIT
2ndAmUSR-1405 Aurora Dairy Corporation Page 1 of 8
• rat
h iDe SPECIAL REVIEW PERMIT
COLORADO ADMINISTRATIVE REVIEW
Planner: Hannah Hippely
Case Number: 2ndAmUSR-1405
Hearing Date: January 15, 2008 continued from December 18, 2007
Applicant: Aurora Dairy Corporation c/o AGProfessionals LLC
Address: 4350 Highway 66, Longmont CO 80504
Request: A Site Specific Development Plan and Special Review Permit for a 98,000
square foot milk processing plant in the A(Agricultural) Zone District.
Legal Description: NE4 of the SE4and E2 of the NE4 of Section 30 T3N, R67W of the 6th P.M.,
Weld County, CO.
Location: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR 13.
Size of Parcel: 118 +/-acres Parcel #: 1209 30 000015
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Sec. 22-2-60.AGoal1.Policy 1.3. Allow commercial and industrial uses, which are directly
related to, or dependent upon agriculture, to locate within the A (Agricultural) Zone
District when the impact to surrounding properties is minimal, and where adequate
services and infrastructure are currently available or reasonably obtainable.
To date the applicant has been unable to demonstrate that adequate infrastructure for
stormwater management is being planned for.
B. Section 23-2-220.A.7 That there is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the County.
Currently, the applicant is unable to demonstrate that adequate facilities exist to manage
stormwater drainage. The property is proposed to undergo a significant change in its
drainage patterns as the dairy facilities are removed and the applicant is proposing a
significant increase in impermeable surfaces. These issues combined have resulted in
the need for an evaluation of the on site drainage facilities. The drainage report
• necessary to do such an evaluation has not been supplied by the applicant.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
2ndAm USR-1405 Aurora Dairy Corporation Page 2 of 8
Should the Planning Commission recommend this application favorably to the Board of County
Commissioners the Department of Planning Services' staff recommends the following:
•
1. Prior to recording the plat:
A. The applicant shall submit a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etcetera)and non-transportation (plant
materials, fencing, screening, water, signage etcetera). The applicant shall submit to the
Department of Planning Services an itemized landscaping bid for review. The agreement
and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat. Or the
applicant may submit evidence that all the work has been completed and approved by
the Department of Planning Services and the Department of Public Works. (Department
of Planning Services)
B. The applicant shall complete the Conditions of Approval and record the plat for the
recorded exemption, RE-4654, in process on the parcel. (Department of Planning
Services)
C. The applicant has not delineated any on-site sign(s). If on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not
notify the Department of Planning Services signs shall adhere to Article IV Division 2 of
the Weld County Code as it related to signs in the A(Agricultural)Zone District. Further,
the location of the sign, if applicable shall be delineated on the USR plat. (Department of
Planning Services)
D. The applicant has not indicated that there will be any lighting on site. If lighting is
• intended a Lighting Plan, including cut sheets of the intended lights, shall be provided to
the Department of Planning Services for review and approval. The lighting plan shall
adhere to the lighting requirements outline in Section 23-3-250.B.6 of the Weld County
Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department
of Planning Services)
E. The applicant shall submit to the Department of Planning Services, for review and
approval, a Landscaping and Screening Plan that addresses to staffs satisfaction the
Weld County Landscape referral dated October 24, 2007. All other aspects of the
Landscape referral must also be addressed. (Department of Planning Services)
F. The applicant shall address the requirements outlined in the email dated January 3, 2008
from Timothy Bilobran of the Colorado Department of Transportation (CDOT). Should
the applicant choose to obtain an access permit rather than construct the turn lane, the
permit number shall be shown on the USR plat and a copy of the access permit shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services
G. The applicant shall submit a complete site drainage report and plan to the Department of
Public Works for review and approval. The site drainage plan must comply with all
detention, water quality, and release standards found in Chapter 8 and Section 23-3-
250a.1. of the Weld County Code. Evidence of approval of this plan shall be submitted to
the Department of Planning Services. Necessary detention shall be delineated on the
plat. (Department of Public Works)
H. The applicant shall provide the Department of Public Works with a detailed site access
• and circulation plan that addresses the concerns and requirements of the referral dated
November 21, 2007. Evidence of approval of this plan shall be submitted to the
Department of Planning Services. (Department of Public Works)
2ndAmUSR-1405 Aurora Dairy Corporation Page 3 of 8
The applicant shall fully address the referral from the St. Vrain Sanitation District dated
November 20, 2007. Written evidence shall be provided to the Department of Planning
• Services from the sanitation district which states that all of their requirements and
concerns have been addressed.
J. 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.
K. The applicant shall attempt to address the requirements (concerns)of the Town of Mead,
as stated in the referral response dated November 11, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (City of
Greeley)
L. The applicant shall attempt to address the requirements (concerns)of the Longmont Soil
Conservation District, as stated in the referral response dated November 6, 2007.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (City of Greeley)
M. The applicant shall attempt to address the requirements (concerns)of the Little
Thompson Water District, as stated in the referral response dated October 31, 2007.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (City of Greeley)
N. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Written evidence of approval of this plan shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
•
O. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled 2ndAmUSR-1405(Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning
Services)
4. The location of the future turn lane from State Highway 66 and the CDOT access
permit number. (Department of Planning Services)
5. The additional right of way for State Highway 66 as required by CDOT in their
referral dated November 7th and 13th, 2007.
6. The approved access, circulation, and drainage plan. (Department of Planning
Services)
7. Any approved signs, if applicable. (Department of Planning Services)
8. Spaces reserved for the parking of vehicles and all loading zones shall be
delineated on the plat. This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code for Manufacture,
research, and assembly.
• 9. The off-street parking area, access drives and loading areas shall be surfaced
with asphalt, concrete, or an equivalent material. The plat shall delineate the
2ndAm USR-1405 Aurora Dairy Corporation Page 4 of 8
location and type of surfacing material. (Department of Public Works)
10. The applicant shall meet the requirements of the American with Disabilities Act
• (ADA) and comply with ADA standards for this facility. Non-ambulatory/
ambulatory parking space shall be identified and shown on the plat. The parking
space must be the closest possible to the entrance. (Department of Planning
Services)
11. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
The applicant shall submit two(2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period.
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
•
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to operation:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. The applicant shall inquire with
the Water Quality Control Division (WQCD)of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain
a stormwater discharge permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. (Department of Public Health and
Environment)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
•
2ndAmUSR-1405 Aurora Dairy Corporation Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Aurora Dairy Corporation
2ndAmUSR-1405
1. The Site Specific Development Plan and Special Use Permit is for a 98,000 square foot milk
processing plant in the A (Agricultural) Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. As stated in the application materials, employees shall be limited to 120 employees. (Department
of Planning Services)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public
Health and Environment)
6. All process wastewater from the processing plant (not meant to include stormwater), shall be
discharged to the St. Vrain Sanitation District. The facility shall comply with all pre-treatment
requirements and their industrial wastewater discharge permit. (Department of Public Health and
• Environment)
7. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
8. The facility shall control fugitive dust on this site. At all times, the facility shall operate in
accordance with its approved dust control plan. (Department of Public Health and Environment)
9. The facility shall be operated in a manner to control pests. Control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event that rodents (which can be determined to be associated with the facility) are in such a
number to be considered a nuisance condition. (Department of Public Health and Environment)
10. The facility shall be operated in a manner to control flies. Fly control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event that flies (which can be determined to be associated with the facility) are in such a
number to be considered a nuisance condition. (Department of Public Health and Environment)
11. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not
equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation
2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at
the request of the Weld County Department of Public Health and Environment in the event odor
levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold,
or in the judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement. (Department of Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
• Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and
Environment)
2ndAmUSR-1405 Aurora Dairy Corporation Page 6 of 8
13. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
• 14. The facility shall maintain compliance with any required emissions permit from the Colorado
Department of Public Health & Environment. (Department of Public Health and Environment)
15. The facility shall obtain water from the Little Thompson Water District. (Department of Public
Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
18. A building permit application must be completed and two set complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A geotechnical engineering report performed by a registered
Colorado engineer shall be required. (Department of Building Inspection)
19. A plan review is required for each building for which a building permit is required, the plan review
must be approved and a permit issued prior to the start of construction. (Department of Building
Inspection)
20. Buildings in the 100 year floodplain require a Flood Hazard Development Permit. (Department of
Building Inspection)
21. Provide letter of approval Mountain View Fire Protection District to the Weld County Building
• Department prior to construction of any structure. (Department of Building Inspection)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
23. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
24. All landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
25. Landscaping materials as indicated in the approved Landscape Plan shall be maintained at all
times. Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time. (Department of Planning Services)
26. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
29. The property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve (12) inches. In no event shall the property owners allow the growth of
noxious weeds. (Department of Public Works)
2ndAmUSR-1405 Aurora Dairy Corporation Page 7 of 8
30. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
• 31. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
•
2ndAmUSR-1405 Aurora Dairy Corporation Page 8 of 8
a(it
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
424
LONGMON 2, COC 80504
PHONE: (720)652-4210, Ext. 8730
Illik
FAX: (720)652-4211
COLORADO
October 19, 2007
Aurora Dairy Corporation
do Dusty McCormick
AGPROfessionals LLC
4350 Hwy 66
Longmont CO 80504
Subject: 2ndAMUSR-1405- Request for a Site Specific Development Plan and Special Review Permit for a 98,000 square foot
milk processing plant in the A(Agricultural)Zone District on a parcel of land described as NE4 of the SE4 and E2 of the
NE4 of Section 30, T3N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with the
Weld County Planning Commission for December 18,2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld
County Planning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members may have.
is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public
earing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements
have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the
property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Firestone and Mead Planning Commission for their review and comments. Please call Firestone at 303-
303-833-3291 and Mead at 970-535-4477 for further details regarding the date, time, and place of this meeting. It is recommended
that you and/or a representative be in attendance at the Firestone and Mead Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to
post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In
the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-
of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning
Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the
applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain
the recommendation.
If you have any questions concerning this matter, please call.
Respectfu'�'/� Xl
Michelle Martin
ilia nner
I
1 , • •
Michelle Martin
om: Chris Gathman
nt: Wednesday, October 17, 2007 2:50 PM
o: Michelle Martin
Subject: RE: CZ-1034
No conditions. Just adding plat notes and meeting county plat requirements prior to
recording.
I was checking schedules. I didn't see that anyone was headed down tomorrow. I will leave
it in the SW Box for you.
Original Message
From: Michelle Martin
Sent: Wednesday, October 17, 2007 2 :33 PM
To: Chris Gathman
Cc: Roger Caruso
Subject: RE: CZ-1034
What do they still need to do in order to record the plat? Could you also send me the
file, thanks.
Michelle Martin
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
(720) 652-4211
Original Message
From: Chris Gathman
Sent: Wednesday, October 17, 2007 2 :25 PM
To: Michelle Martin
Cc: Roger Caruso
Subject : CZ-1034
Michelle,
There was a change of zone approved for the NE4SE4, E2NE4 and NW4NE4 (for the Aurora Dairy
parcel) from R-5 to Agricultural in June of 2003 . Looks like it was never finalized and I
forgot about it after a while. It solely covered the USR-1405 property and not any
additional properties to the east.
Since it was already approved I think we could list it as a condition of approval for the
USR application.
Sincerely,
Chris
•
1
- • • Page 1 of 2
Michelle Martin
IIIFrom: Bethany Salzman
Sent: Wednesday, October 17, 2007 2:11 PM
To: Michelle Martin
Subject: Aurora Dairy....
I figured you'd be interested in this article that was in the Longmont Times-Call today....
Lawsuit seeks to stop Aurora Organic Dairy from selling milk
By CATHERINE TSA!
AP Business Writer
DENVER(AP)--A lawsuit filed Tuesday claims Boulder-based Aurora Organic Dairy milk fails to fleet federal organic standards and asks a judge to stop the company from selling its
product.
The dairy,one of the nation's largest organic milk producers,has repeatedly said its organic certifications are valid.
The lawsuit filed in federal court in St.Louis by customers Kristine Mothershcad and Leonie Lloyd of St.Louis claimed she dairy sold milk labeled as organic,at prices much higher than
nonorganic milk,when it knew it didn't meet standards for organic certification.
The lawsuit comes less than two months alley the daisy announced an agreement with the U.S.Department of Agriculture over its operations.following a USDA investigation of complaints
regarding the dairy's organic certification.
USDA officials said they had found that the dairy had not ensured its cows were convened to organic cows,which involves the amount of organic feed the animals consume.Dairy officials
said they were selling off 1,000 cows from its fart ill Platteville that were in question.
Dairy officials said in a statcnxohr that if the case goes to trial,they will will prevail.
'There is absolutely no basis fir claims we defrauded consunters by selling milk that isn't organic-none whatsoever....Our milk is and always has been organic."Marc Peperrxtk.Aurora
Organic chairman and CEO said in the statement."Our a LSDA consent agreement makes clear that all of our organic certifications are valid."
Peperzak added:'We are confident in the outcome and will defend our company.our products and our reputation against any and all False claims."
The suit sought elass-action status and unspecified monetary damages,along with the injunction.A similar lawsuit was expected to be filed Wednesday ill federal court in Denver,according
to The Cornucopia institute.
The Cornucopia,Wis.-based institute,a farm policy group,had tiled the complaints leading to the USDA investigation.
Mark Kastel of the institute said the group was incensed that Aurora Organic Dairy was allowed to continue operating with no fines levied.despite the USDA's fmdings.
"Some people think when they buy organic milk that they're investing in fanners who care for their animals in a different way,not gigantic farms."Kastel said.
Aurora Organic Dairy,which has said its mission is making organic dairy products more affordable,expects more than S100 million in sales this year and provides milk to grocery stores or
chains who sell it under their own private labels.the lawsuit said.
"The agenda of the activists is clear."Pcperrek said."They want to drive up the price paid by American consumers for organic milk.shrinking the market.harming consumer and slowing
the spread of organic agriculture.if they win.consumers lose."
Zoning Compliance Officer II
• 4209 CR 24.5
Longmont, CO 80504
10/17/2007
•
MEMORANDUM
TO: Planning Commission
�
COLORADO DATE: December 11, 2007
FROM: Hannah Hippely
SUBJECT: 2ndAmUSR-1405 Continuance
Gentleman:
On behalf of Aurora Dairy Corporation Thomas Haren of Agprofessionals, LLC has requested a
continuance of case 2ndAmUSR-1405.
Given the potential impact on the safety and level of service on State Highway 66 an expansion of the milk
processing facility may have the Colorado Department of Transportation has requested that a Traffic
Impact Study be completed, Weld County Department of Public Works also recommended that such a
study be completed. In order to fully evaluate the impact of the facility and the adequacy of the existing
road infrastructure to serve the proposed facility staff strongly recommends that this case be continued.
In addition, a new drainage report is being requested by the Department of Public Works. Much of this
property was previously used as a dairy and stormwater was not allowed to leave the site. Since the
proposed expanded milk processing facility will no longer be associated with the dairy a new drainage plan
must be devised. This new drainage report is of particular importantance in this instance because the
proposal seeks to greatly increase the amount of impermeable surface on the site.
• This continuance was recommended to the applicant by staff and will allow the applicant sufficient time to
prepare the necessary traffic study and drainage report so that a recommendation based on complete
information may be drafted.
Thank you.
•
AGPRO
• ■■ COMPLETE LAND & RESOURCE SOLUTIONS
December 10, 2007 Weld County Planning Department
GREELEY OFFICE
Weld County Planning Commission
do Hannah L. Hippley DEC 1 3 2007
Weld County Department of Planning Services E E I V E D
918 10th Street
Greeley, CO 80631
Subject: 2"d Amended USR 1405 —Aurora Dairy Corporation Milk Plant
Dear Weld County Planning Commission,
Count staff has recommended a continuance of the Planning Commission hearing for
the 2" Amended USR 1405 presently scheduled for December 18th, 2007.
The client and applicant, Aurora Dairy Corporation, concurs and requests a continuance
of the Planning Commission hearing for the 2nd Amended USR 1405 subject to the
Planning Commission agreement to calendar the next hearing on the January, 2008
• Planning Commission agenda.
Thank you for your consideration. Please contact AGPROfessionals, LLC at (970) 535-
9318 if you have any additional questions or concerns.
Si er:!
Tho 1al.
A -,'R ssit als, LLC
• ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66❑Longmont, CO 80504
970.535.9318/office❑ 303.485.7838/metro❑970.535.9854/fax o www.agpros.com
OPRq®rnls,LLC
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS 12/08/2007 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, Hannah L Hippely , 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 A Site Specific Development Plan and Special Review
Permit for a 98,000 square foot milk processing plant in the A(Agricultural)Zone District.
Hannah L Hippely
Name of P rson °sting S•gn
Signature of Person Posting Si n
• STATE OF COLORADO
)ss.
COUNTY OF WELD
111
The foregoing instrument was subscribed and sworn to me this day of I I , 2008.
WITNESS my hand and official seal.
iyo)
Notary Public
My Commission Expires:
WENDI INLOES
NOTARY PUBLIC
•TA.�-EF COLORN
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FIELD CHECK Inspection Date:12/19/2OO8
•
Applicant: Aurora Dairy Corporation c/o AGProfessionals LLC Case #: 2ndAmUSR-1405
Request: A Site Specific Development Plan and Special Review Permit for a 98,000 square foot
milk processing plant in the A(Agricultural)Zone District.
Legal: NE4 of the SE4and E2 of the NE4 of Section 30 T3N, R67W of the 6th P.M., Weld
County, CO.
Location: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR 13.
Parcel ID #: 1209 30 000015 Acres: 118+/-
Zoning Land Use
N AG N AG
E AG E AG
S AG S AG
W AG W AG
• • No animals or corrals on site
• Single-family home at north end of property adjacent to SH 66
• Single access to SH 66
• Access drives, loading, and parking areas surfaced with gravel
• Modular office building on north side of plant
• Employee parking on site seems inadequate and haphazard
• Two areas for semi-truck and milk truck parking; one at entrance on east side of access drive and
one directly east of the plant.This parking also seems haphazard.
• Loading docks at south end of plant
• Drainage/wastewater overflow pond located south of plant
• Property generally slopes down to the south toward the St Vrain River, also a steep slope down
just north of the plant
• Irrigation ditch on site
Hannah Hippely, Planner
o House(s) o Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
❑ Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance ❑ Wetlands
• ❑ Mobile Home(s) o Oil & Gas Structures
❑ Other Animals On-Site o Wildlife
o Water Bodies ❑ Utilities On-Site(transmission lines)
❑ Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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