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Home My WebLink About20071340.tiff Weld County Planning Department GREELEY OFFICE Laurie Phinney APR 0 2 2007 34421 WCR 57 Gill, CO 80624 RECEIVED March 29, 2007 To Whom This May Concern, My letter in is response to the proposed development plan of Case Number USR-1602 Cockroft Dairy LLC. I would first like to start off stating that 1 am not against agriculture. I have Uncles that are dairy farmers. I myself grew up in agriculture and am still active. I oppose the request to increase the number of cattle to 4500 head. My home was established before this dairy was established. It would be different ill 'made'the choice to live by this dairy knowing that I would be subjected to the flies, traffic and smell. Since the construction of this dairy, the traffic has increased along with the dust. I have 2 small children who enjoy playing outside and some of the dairy traffic does not care how fast they drive past our home. This is a huge concern. Not to mention the trash that has accumulated along side of the road The dust has been so severe from the traffic that the horses I own developed dust pneumonia. There was an occasion after the dairy dumped their lagoon sludge on the land surrounding the dairy, that I opened my clothes dryer in my home and thought I had a dead mouse in it. Only to find that the smell was coming from outside thru my dryer vent- this smell was coming from the dairy. The people who own/operate this dairy do not live here. Please consider our welfare and the property values. From what I understand this dairy operation already has access to another dairy just south of this existing site. Please take into the account the number of cows already existing. Please remember the "quota" of animals per acre. Why should it be any different for them? Sincerely, IEXHIBIT Ic,c,T. 2007-1340 Apr. 3. 2007 ? 1 : 29AM No. 2193 P. 2 BEATIT & WOZNIAK, rc. �-. SUSAN L.ALDRIDGE `ITT Al'LAW 216 SIXTEENTH St HLE;1 -SUITE 1100 DIRECT: (303)407-4465 DENVER,COLORADO 8080&6115 E-MAIL: SA RIDCE@BWENERGYLAw.COM TELEPHONE (308)407-4499 April 3, 2007 sAC F' (808)4071494 VIA FACSIMILE TO 970-304-6498 Department of Planning Services Attn: Chris Gathman North Office 918 10th Street Greeley, Colorado 80631 Re: Case Number USR-1602 A Site Specific Development Plan and Amended Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis including Livestock Confinement Operations in the Agricultural Zone District Lot A of AmRE-178; Section 11,T6N,R64W of the 6th P.M.,Weld County, Colorado Comments for Public Hearing on April 3, 2006 Dear Mr. Gathman and Planning Commissioners: Our client, Petro-Canada Resources(USA), Inc. ("PCR")has brought to our attention that you will be holding a public hearing in connection with the above-referenced USR today at 1:30 p.m. Petro-Canada is the lessee under the oil and gas mineral interests in a portion of the lands covered by the referenced USR: Oil and Gas Lease dated January 9, 1994 with Union Pacific Resources Company and recorded in Weld County,Colorado at Reception Number 02391655 on June 3,2004. PCR does not object to the USR, provided that the proposed surface uses do not impact PCR's ability to access its existing facilities and wells (the 11-22 is located in the NWNW of Section 11, 6N, 64W; 464'FNL&457' FWL and the 11-23 is in the SWNW of Section 11, 6N, 64W; 1992' FNL&460' FWL) and otherwise develop its mineral interests. It intends to drill the 11-25 in the center of the NW/4. Each of these wells is permitted by the Colorado Oil and Gas Conservation Commission. PCR also holds executed Surface Damage Agreements with respect to the 11-22 and 11-23 wells. If we determine that the rights to develop the minerals are impacted, PCR will object to the USR until the applicant and the PCR can resolve their respective interests. EXHIBIT I G, _, www.bwenarglaw.com t� • Apr 2UU/ 11 : 29AM No. 2 i93 F. BrATry &woZNIAK, P.C. Weld County Chris Gatham and Planning Commission April 3,2007 Page 2 PCR appreciates this opportunity to participate in the County's planning process. Please do not hesitate to contact me if you have questions. Very telly yours, 4,(CeJafli ali°4C-;\ Susan L.Aldridge cc: AGPROfessionais, LLC on behalf of applicant Brad and Scott Cockroft Dairy, LLC Petro-Canada Resources (USA), Inc. eco AGPRO ■■ COMPLETE LAND & RESOURCE SOLUTIONS Subject: USR-1602 Dear Planning Commission: AGPROfessionals, LLC and the Applicant would like to take this opportunity to address the conditions and development standards drafted for USR-1602 (CBS Dairy). Below are our suggested changes: Condition 1B. Improvements Agreement—We respectfully disagree that this condition is appropriate for the proposed Use By Special Review and ask that it be removed. Our reasons are as follows: 1. Weld County Code Section 2-3-30-A-1 covers collateral for improvements and states, "This policy shall be applied to all future Subdivision Applications, Planned Unit Development Applications, Change of Zone and Site Plan Review Applications." a. This policy does not appear to include Use By Special Review Applications. 2. Division 4, Uses by Special Review in the Weld County Code, Sections 23-2-200 through 23-2-280 do not address the need for an improvements agreement. 3. This facility is already operating as a Use by Right Dairy. There should be minimal improvements that will need to be completed because of the USR process. Condition 1G. Larimer/Weld Irrigation—We respectfully ask that this condition be removed. Condition 11(5. ADA— In regards to the Americans with Disabilities Act(ADA), we respectfully propose that the language of this condition be changed to: "The facility will and must comply with the Americans with Disabilities Act and ADA standards at all times. " Condition 1K10. Parking- We respectfully ask that the wording of this condition be changed to: "Spaces reserved for the parking of vehicles and all loading zones 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. Two on-site p. - spaces shall be van accessible handicapped parking stalls meeting all of the EXHIBIT requirements as set forth in the Americans with Disabilities Act." J 2% — • - Our reasons are as follows: 1. This is a private facility and only authorized visitors, vendors, and employees will be using the site. 2. Weld County Code Section 23-4-30 is a supplementary design and construction requirement of on-site parking. a. Parking areas will be graveled and graded to prevent drainage problems. b. Wheel guards or curb stops are not appropriate for this type of development as they can impede grading graveled areas, snow removal, and drainage. 3. If this is incorrect, please direct us to the applicable sections of the code. Development Standard 6. Internal Roads- We respectfully request that language of this standard be changed to: "The applicant shall utilize the proposed internal roadway system for the site. This roadway shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. " Our reasons are as follows: 1. This is a private facility and only authorized visitors, vendors, and employees will be using the site. 2. This wording would be consistent with the requests in condition 1K10. a. Parking areas will be graveled and graded to prevent drainage problems. b. Paving of this internal road will accelerate runoff, which will impede grading of graveled areas, snow removal, and capturing drainage. c. Paving may also not allow the applicant to comply with Development Standard 3. 4. This wording would also be consistent with Development Standard 11. Development Standard 9. Traffic Numbers- We respectfully ask and request that language of this standard be changed to: "Semi tractor-trailers picking up milk shall be limited to 21 (twenty-one)per week, commodity farm trucks shall be limited to five (5)per week, and semi- tractor commodity trailers shall be limited to ten (10)per week as stated in the application materials. Additional traffic volumes during harvest will be allowed. " Our reasons are as follows: 1. Harvest traffic volumes are un-predictable and completely dependent upon commodities that are available. V.✓✓✓✓✓I.. ,Vuiac, >vsa'704.7• 00 0 i Mono■7/V.JJJ.7o.J t/ 1[1M ■ www,agpros.com 2. These harvest time traffic volumes are laid out within the application. Development Standard 10. Dust Control- We respectfully request, "If dust control becomes a problem" be defined. Development Standard 11. Parking- We respectfully ask that the wording of this condition be changed to: "The off-street parking spaces, including the access drive, shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems." Our reasons are as follows: 1. This is a private facility and only authorized visitors, vendors, and employees will be using the site. 2. Weld County Code Section 23-4-30 is a supplementary design and construction requirement of on-site parking. a. Parking areas will be graveled and graded to prevent drainage problems. b. Wheel guards or curb stops are not appropriate for this type of development as they can impede grading graveled areas, snow removal, and drainage. 3. If this is incorrect, please direct us to the applicable sections of the code. Development Standard 27 and 34. State SWMP- We respectfully request that standard 27 be removed. Standard 34 states the exact same thing and is more comprehensive. Thank you for your time, Dusty cCormick Planning and Building Coordinator ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC 4350 Highway 66•Longmont,CO 80504 970.535.9318 /office • 303.485.7838 /metro .970.535.9854 / fax • www.agpros.com April 3, 2007 To Whom It May Concern: We are writing to express several concerns that we have regarding the new Cockroft dairy located between Weld County Roads 70 and 72, and Weld County Roads 57 and 59. Our home is located directly to the west of the dairy, and there are a number of issues we would like to see addressed. The building and the opening of this dairy has resulted in a dramatic increase in the traffic in our area. The size of the dairy operation obviously requires a large workforce, as well as many support services. The traffic has made an impact in several ways, including the deterioration of the road surface, and the fact that cars and trucks travel at high rates of speed. There are several families with small children who live along this road, and the speed of travel creates a hazardous environment for them. There is also an uncontrolled intersection at WCR 57 and WCR 72, through which virtually all traffic for the dairy travels. We have observed several near accidents at this intersection in the past few months, as there is no stop sign there. When will a stop sign be installed at this intersection? Another concern that has arisen as a result of the heavy traffic is a tremendous increase in the amount of trash along the road. There are numerous beer and pop containers, as well as fast food bags and wrappers. This must be addressed with the employees of the dairy. There are several other issues that we are concerned about. Last fall we dealt with a huge influx of flies following the arrival of the cows. Over the winter, there has been a manure piled on the dairy property, and effluent (or something similar) spread on the grounds. We know that there will be a huge fly problem with the advent of warmer weather. What will be done to control this? In addition, there is a powerful odor at times. We assume that this is when the effluent is spread on the fields. Approximately one week ago, the stench was so strong in the late afternoon and evening that it made us nauseous. This stench is not just outdoors— it permeates our homes also. Will we just be expected to live with this from now on, or is there some recourse for those of us who live in the area? We want to be good neighbors to this business. We also expect them to be good neighbors to us. Please respond to our concerns with a plan to rectify them. Sincerely, Survit_ /1A-, Jimmie and Sharon Wolfrum 34505 WCR 57, Gill, CO 80624 EXHIBIT (1� Weld County Planning Department GREELEY OFFICE Myron A. &Elizabeth Phinney MAR 3 ii 2007 27827 WCR 70 Gill, Co. 80624 RECEIVED Weld County Department of Planning Services 918 10th Street Greeley, Co. 80631 Dear Weld County Planning Commission: This is concerning Case # USR-1002. We realize that this is an agriculture community we live in, we are farmers ourselves. We also realize that we should have a right to do with our property what we wish, but it should not inflict on our neighbors and diminish their property values. We are concerned for the negative effects that this increase in cows will do to our property value and our way of life. The odor and the flies are a big concern. Just recently they spread something that smelled like dead. The smell was sickening. This is an organic dairy and from what we understand they cannot spray for flies. What are their means for reducing this particular problem? If this is an organic dairy how can they have more cows than the land is zoned for, 4 per acre. There is an existing dairy on the south side of this dairy on road 70 & 57. It is our understanding this dairy is operated by the same dairy(Aurora Dairy). How many cows will that total in a close proximity? From what we understand the owners will not reside on this dairy site. Please have some consideration for the rest of us. We have lived in this community for a long time and planned on staying. We shouldn't have to change our way of life because they moved into the neighborhood. Sincerely,c b EXHIBIT I 6, Hello