HomeMy WebLinkAbout20061733.tiff DEPARTMENT OF PLANNING SERVICES
North Office
918 10TH Street
Greeley, CO 80631
April 24, 2006
TO THE PLANNING COMMISSION
SUBJ: Case# USR-1554 (Dennis and Erin Berkey)
This letter is intended to advise you of our objections to the above case. We
have approximately 100 acres just north of this proposed dairy. Before any
approvals are made, please consider the following concerns:
• We are sure that you are aware of the tremendous growth happening in
Timnath, Windsor, Severance, Fort Collins and surrounding rural areas.
A large horse arena/housing development (Sadler Arena) is being planned
just northeast of this property. Larimer County recognizes the area just
west (1 mile away) as an urban growth area and has a plan in place to
manage this growth.
• The land in this area is not being sold for farmland. It is being bought and
sold for development potential. This proposed dairy will greatly affect
surrounding property values. We've lived here for 13 years and it's
changed a lot, from agricultural to urban. How much will it change in the
future? We hope our planners would be forward thinkers and consider
issues that will develop in the near future.
• The previous dairy was smaller in cow units (about 400) and was 160
acres. Now the land has been divided, dried up and a plan proposed for
900 cows on 55 acres. That's more than a 600% increase in density.
• There is a large sheep feedlot (Cactus Hill Ranch) near this property. Just
drive by anytime; there is a horrible smell associated with this feedlot.
And in wet weather, it is even worse. We can't imagine it will be any
different at this proposed dairy and the smaller acreage and high number
of animals drastically increases this problem.
• Proposed access on County Road 15 is close to a major intersection,
County Roads 15 and 80. Both roads are heavily traveled with a stop sign
on County Road 15. County Road 80 has recently been oiled because of
the amount of traffic.
• We have major concerns with how manure and wastewater will be
handled. Where will the overflow go in case of heavy rains? The
proposed ponds are in the worst possible location at the intersection of
County Roads 15 and 80. They could be located in a less prominent area,
EXHIBIT
/ /
2006-1733
T0 " d 9bZL-E1317-0L6 saLA.,ias pjaL . puI H9b= L0 90-9Z--Adv
Apr-25-06 07 :46A Ind Field Servies 970-482-7245 P102
like the back of the property. The proposed site of the ponds and manure
storage causes the most damage to neighboring property values. Odor
and environmental problems as well as accidental discharge are going to
- affect the neighboring properties. Accidental discharge has no place else
to go but to neighboring properties.
• What about health risks because of this standing water in the ponds? Can
we be sure we won't be more susceptible to diseases like West Nile and
others that will flourish in this type of environment?
• Their proposal indicates that manure will be hauled off and provided to
local farmers. How much will be stored there? How often will it be hauled
off? Who are the local farmers who want this manure? The proposal also
indicates that stormwater and wastewater will be periodically land applied
On what land? All 55 acres are in use.
• Your notice indicated that this dairy will be run on a fee or contract basis?
Who is this contract with?
• Because there is adjacent property currently for sale presently owned by
Dyecrest Dairy, we have concerns about what's being presented now, and
that this may eventually evolve into a much bigger operation Is this the
first stage of a much bigger operation?
• We have concerns about the environmental impacts in our neighborhood.
Of course, this dairy will have an offensive odor. There will also be more
dust, flies and noise. What about the ph levels in wells in the area as the
wastewater seeps into the ground? Who overseas all these issues?
• The existing landscape was set up for the current operation. Why is there
no additional landscaping for the expanded dairy?
• The owners of this property will not be living on the property turning the
house into an office. They won't be part of the current neighborhood
community but their dairy will be a source of frustration to all of us.
We have had a very short time period to respond to this request. We don't have
a problem with a dairy in the area. As proposed, however, this dairy will have a
very negative impact on our neighborhood. Thank you for considering all of
these concerns as you make decisions that will dramatically affect us and our
neighbors.
Sincere�l �
Jim and Jan Schmidtbauer
39934 Weld County Road 15
Fort Collins, CO 80524
970-482-3332
Apr-24-06 09 : 35P Ind Field Servies 970-482-7245 P .01
qA y / 0 k,
r0— ce I t i e
NJz 1 0p wt. ewl p I0. "� .. .L- tin p c-
"f G� Y O{ a t. r. y r A. p e tt .
-4- L --r o ( I e L-✓ , / N a Sd . t. 3 'e
ce e/O O ,n .23)0 X •2 /c174-r [--
i.-J c' /Z. 8 d . )
e ✓ E' V '"/ o
✓ `. qJp ? t L S� C cc I1. 4) (0 0 d e t . C4
C vt m 4Vt I it O G' � W1 i �" L � t/�'P�N r" v o iPir
-gla. 4 t. . % G'Q r 1 c& p d.SS e !1 I 7-
77 o• i. t cA. 'SP 74 IL IL F 6 1 r
Ls3 t-UC f2 71
6, i6 �� 3 /
Page 1 of 1
Brad Mueller
From: Chuck Pittock [cepittock@frii.com]
Sent: Monday, April 24, 2006 8:14 PM
To: Brad Mueller
Subject: Attention Brad Mueller- Case Number USR-1554
PINE LAKE VILLAGE L.L.C.
7200 E Hwy. 14 #36
FORT COLLINS, CO. 80524
970/493-1125
FAX 970/495-9702
e-mail- cepittock a@frii.com
4/24/2006
Department of Planning Services
918 10th Street
Greeley, CO. 80613
FAX 970-304-6498
E-mail bmueller@co.weld.co.us
Regarding Case Number USR-1554
We would like to express our concerns regarding the "Site Development Plan and Special Review Permit".
Since we own a Residential Community with 58 residents located one mile North of the proposed Development,
we have the following concerns:
1)The unpleasant oder generated would be unacceptable. The former Dairy operation spread the liquid waste
near our fence line, creating a very unpleasant oder.
2)The flies that are consistent with a Livestock confinement operation would be undesirable.
3) The mosquitoes that would be bred from the lagoons would be unacceptable since they also produce West Nile
Virus which we all know is a danger to our health. To fight the West Nile Virus, we have just recently received
permission to drain and fill a low area that was a natural breeding ground for mosquitoes.
4)The concerns mentioned above would make our Community a less desirable place for our tenants to live and
could have a negative impact on their Mobile Home values.
This could also have an adverse effect on our income and property values. Whereas the residential community
has been in business for over 30 years now, we trust the commissioners will find this project to be Unacceptable
at its planned size of 900 head. It is my understanding that the previous dairy heard was under 200 head.
Sincerely
Charles and Esther Pittock
Pine Lake Village, Owners
04/25/2006
APR-25-06 TUE 07:27 AM FAX NO. P. 02
eke h0/ 4/ /AV; as)etsr.•;te /r;
/e`c s !, ,
.1' vwn, th�e. XII4J dN e/c .i/.•rfz c'.a1csr
r e,:2.--v?At o( Cc; ,4,e/ %S": . " /7/4 u t - e C•ft
en,o !cte. uif 64/ //
L/ a .r/d.gN sin 1.� end .13,40,Hey Is
p:4.w Jr• .2" "4's= Nor ,,iy.1,ivrr rc. /fro ces.s, 7t,,-r
tic. n
iCld'en lfLi' al AA/141.4 it' ,q.V d Lei"? Cn.Vrdtni
40:/ r fly", ,.g'xe.q. .;c"�'. },c/n'c, thee. ,c/ecc6
e:•'i. .r./ et p eu.f'S%o✓ AtweeN drA',e Keys
. !11( / .JC,e',/^Jc.•II ell ,2es.w ' rf de../i/F'e; 2/57 CAE e "Ai
,i- "del o enn/&,tur dam,*,c.fek,r -mite 741,..7 At .64 f' 4
/
y!✓i.c .1/4 pe.,7 daster1^ /At Sre4lv nie't:� t:4�rr/ r.'wevei".l"
G2//ea el. dfo47
4444./4a _.. 976 - e86-6'9993 `rs ! ' "' o ti" ee- ari...
(?o%/ 'Y��'- ��;;+y 7a At�'1y" ,44,"covet PY,^'
Rpr 25 2006 12: 26PM 970-223-3605
p. 1
Wayne & Dana Heger
April 25, 2006
Department of Planning Services
North Office
918 10th St.
Greeley, CO 80631
RE: Case number USR-1554 •
Dear Commissioners;
Through our neighbors, we have recently been made aware of USR-1554, the request for special review permit
for a 900-head dairy submitted by Barkey's Bossies. Though we are not direct neighbors with the Barkey's
property, we share a property line with the parcel to the North of Barkey's that was part of the dairy property's 160
acres, before it was sub-divided last year.
As land owners and neighborhood residents, we are concerned with this application. The plan does not
sufficiently address potential impacts to the area and how the Barkey's will mitigate them given the proposed
exponential growth in density from the 2001 dairy(on reduced acreage) and the intensity of use. Additionally,
Section 4 of the questionnaire regarding consistency and compatibility of use fails to acknowledge current or
future uses of the area outside of confinement operations.
We respectfully request that the Planning Commission deny the permit pending further investigation and
mitigation of the plan to make it a win-win for the community, the Barkeys and Weld County.
Respectfully,
Wayne& Dana Heger
39516 Weld County Road is • Ft. Collins, Colorado 80524
hegerfarmsf&skybeam.com•home (970)493-8288 •cell (970)222-5841
Case Number USR-1554
Department of Planning Services
To whom it may concern:
I am writing in objection to the proposed 900 head dairy farm on CR 80.
We are a family who own a house and property to the north of the proposed dairy. We have
small children and are concerned of their well being if a large dairy should be allowed to move
in. With the two holding ponds proposed for the farm, it opens the flood gates for mosquitoes
and West Nile disease. The smell will be overwhelming, the traffic will increase and our
property value will decrease.
It would be no argument had we knowingly moved next to a large dairy, but the fact is we did
not!
Why does a dairy of that scale want to move in so close to the urban sprawl?
Why not decline the proposed dairy for this area and let them move further from town where
there should be less objections. If that is not a possibility,please scale the proposed number of
cows down a bit.
Thank you for your time.
The Marsh Family
r
EXHIBIT
if 9,
rs Memorandum
TO: Planning Commissioners
' DATE: May 2, 2006
FROM: Brad Mueller, Assistant Director
•
COLORADO Department of Planning Services
RE: Barkey Dairy, USR-1554
Attached are materials that were received by our office after the Planning Commissioner packets
were mailed. They include the following:
• Sign Posting Certificate —under C t,
• one additional letter of opposition
• one additional referral from the Town of Severance
• six letters of support for the proposal
The applicant has indicated that they would like to make some slight changes to the proposed
Conditions of Approval, which I will discuss as part of my presentation.
.001
EXHIBIT
K&M Company, LLLC
c/o Thomas K. Moore
P.O. Box 2206 Weld County Planning Department
Fort Collins, CO 80522 GREELEY OFFICE
APR 2 7 2006
Department of Planning Services RECEIVED
North Office
918 10'"Street
Greeley, CO 80631
April 25, 2006
RE: Case #USR-1554(Dennis and Erin Barkey)
K&M Company, LLLP, is a long-standing family partnership, which has owned and
operated farms in both Larimer and Weld Counties for five generations. We have owned
the farm immediately South of the proposed dairy since the 1890's and a farm to the
Northwest for over 30 years. We feel that a dairy of this intensity is incompatible with the
direction of future development in this area. While we regret the diminishing role
agriculture plays in this area, we accept that development is inevitable. We would like to
see that all of the neighboring landowners are able to benefit from the changing land use
patterns in the area. We believe that a dairy operation, while not objectionable under the
current code of 4 animal units per acre, would be detrimental to this goal if allowed to
operate at the proposed level.
Future Direction of Area:
Infrastructure is coming to the area! Under the entity of Wild Teal LLC, K&M
Company and Fred Boekel(another longtime landowner) have, in conjunction with
Boxelder Sanitation District, engineered and obtained easements and state approval for a
sewer line connecting this basin with the Boxelder Sanitation Treatment Plant. The sewer
line should be completed as far as WCR 13 in late 2006 or early 2007. Furthermore, a
sewer line directly crossing our farm and continuing down WCR 80 is currently under
engineering review. North Weld Water District has recently completed a 36-inch water
line on WCR 13 and an 18-inch on State Highway 257. Wild Teal will have invested over
$1,000,000 in these plans and improvements. K&M also invested in initial plans for
residential development of our properties as early as 2000. These investments were
intended to bring infrastructure to the area to provide all landowners an alternative to the
barely sustainable current use of their land.
Public Policy Concerns:
It concerns us that this piece of property was purchased, stripped of its water,
burdened with a 'dry up' covenant, split into four irregular pieces, and then applied for a
more intense use than the original dairy farm supported. We would certainly hope that the
remaining parcels of this land would not apply for this same level of use. At this density,
this dairy seems to represent a more industrial land use than an agricultural one. This is
not a trend we think should be encouraged, as we hope for responsible and pragmatic
development.
Specific Objections to the Proposed Plan:
Once again,the very high intensity of this proposal shows no respect toward the
land or the neighbors. The proposed plan shows that the liquid waste ponds and dry
manure storage are located on the road with no buffer area and no additional landscaping
to mitigate the visual and olfactory impacts. Perhaps they should be moved to the back of
the property, away from the road. We are also very concerned about the possible
overflow of the ponds, which would flow directly into two lakes that are partially located
on our property. While we cannot ascertain from the application that the Barkeys will or
will not live on this property, but we think that they should consider the negative impact
of their plans on the neighbors.
While we have no objection to the dairy as it is now, we feel that the enormous
increase in the number of animals on the property and the proposed layout of the ponds
and manure storage is contrary to the interests of all of the neighbors and future
development plans. We ask that the Planning Commission and the Barkeys take these
concerns into consideration in order to promote cooperation and harmony in the present
and future development of the area. We would be happy to meet with the Barkeys at
anytime.
Sincerely,
---1454n fetic,
Thomas K. Moore
(Managing Partner)
Rpr 26 06 03: 03p Amelia Tuttle 970-472-8306 p• 2
Weld County Referral
March 17, 2006
WilDe
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Dennis & Erin Berkey Case Number USR-1554 •
Please Reply By April 14,2006 Planner Brad Mueller
Project A Site Specific Development Plan and 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 (a Dairy operation for a total of 900 head) in the A
(Agricultural)Zone District
Legal Lot A of RE-4210 & Lot A of RE-4211; Pt W2SW4 of Section 17, T7N, R67W of
the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 80; approximately 1/4 mile east of CR 15,
Parcel Number 0705 17 300069, 0705 17 300071
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) May 2, 2006
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
LI See attached letter.
4roPwxt-t Anerwmate
Comments: 'iDa.1N rafacr4ully rc;uecn7Nr ReSexv*non, thf AN An01no..,ac 2o ' 0-1 t .ow a Ion
t-ganna rc w1GsSr tu✓.Ofr Ira t5 '7D 1na.kdt•c 4u .gt+owTN. ("1, wy.wsnM, +so•)
Signatu e.., _ ({ Date -y. Z c, O(r
Agency OP ccFV42c',4/VC L
•}weld County Planning Dept. 4.918 10'"Street,Greeley,CO,80631 4. 970 053-6100 ext.3540 •i 970 304-
( )' ( ). 6498 fax
FROM : FAX NO. :9706865215 May. 01 2006 02:06PM P2
95/01/2006 13:36 9765680979 STEVENS INSURANCE AG PAGE 91
.arimer tout catch ft Calf
April 12, 2006
Barkey Dairy
Dennis& Erin Barkey
34630 WCR 19
Windsor, CO 80550
Dear Dennis and Erin:
We want to let you both know that your support in the Larimer County
Catch It Calf program is greatly appreciated. It not only shows that you care
for the 4-H kids, but it shows that you believe in our program and the
community.
Because of your community involvement, the Catch It Calf program and the
4-H kids have a chance to succeed with their project and in their future. If
other business's such as your, had the drive and ambition that you have.
Programs like and Catch Ft Calf program and 4-H kids of the community
would have a chance to experience the agricultural way of life. Wouldn't
that be GREAT.
We hope that we will able to have your support and involvement in the years
to come. Thank you again.
Sincerely,
Rex and Regina Bivens
Chairman of the Catch It Calf Committee
May 01 06 05: 28p Bill Schneider 970-330-6844 p. 1
F A M
r.
TO: Kam'tc j t x aae G- FROM:
Name' W z« Name:
c (�
Fax #: o
Fax #:
Soy Cekccff
Pages: Date/Time: I S_ t - 0 Co
-Mina 6E:
SKI\ec. : ��.v key JA-s.12 Cc:-s0 U-5V& (55y
R S w • -ct t 1 u of 1�� cep c ( f ti
�cost- ko. I r f ciouus, - eJ tie siw z_
ZI `e? e.NS .fir- Lu ceP LflQ K1 O Most rat ' te b..rr\; QS
N CO\ OV-j0 e s v ���Iaa awl
- - - ._ ciQw..e..-F_ �.U`Lak iCQ-S_ __..<�v_� Sac,e�..� -4- _ .
S 11 C ., ja+ kreao,_\\ QI tt 4-1IN A_ t i.4.o
A ‘41/141-
u1 Ci �5 a r
D n•r W e i 2_ G t tr o l7 l4m4
•
Cri A_S \i Aeu-ad 0.S at .�J
s-. 1-4-R- PAX
05/01/2006 16: 04 9705359654 AGPROS PAGE 03/03
Apr 30 06 07: 17p Painted Prairie 9704543901 P. 1
t
Weld County Dept of Planning
Attn.: Brad Mueller
Case # USR 1554
May 1. 2006
This letter is to yoke my support for the Barkey family and their quest to
obtain a use by special review permit for their dairy.
The Barkeys have demonstrated their ability to operate a top notch dairy
fain They have milked cows near the city of Windsor for many years now
and have a proven track record of top management evidenced by such things
as cleanliness,use of the.new production tools and cow care and cow
comfort.
With a commitment to the industry that includes participation at many levels
of education of consumers and children, they will continue the management
practices that benefit the business, the community and the neighborhood.
With a veterinarian on staff and as a partner, I am confident that all aspects
of the operation will continue in the most efficient manner that includes
practices conducive to surrounding property owners.
I am proud to know this family and glad to be able to strongly recommend
that you approve their permit for their dairy. The dairy industry in Colorado
and Weld County is lucky to have a dairy family such as this one operating
in the area and setting a great example of how to be successful in a business
and be such an asset to the industry and the community in which they
operate a dairy farm.
I would ask that you give a vote of approval for the Barkeys use by special
review permit for their new family farm. Thank you for your consideration.
Les Hardesty
34600 CR 31
Greeley, CO 80631
01-MAY-2006 03:47PM FROM-FCS Of The Mountains + T-073 P.001/001 F-463
RGp1CULT *.
sic Colorado Foundation for Agriculture
' PO.Roe 10
w Livermore,CO 80536
,�m At^^ 970 sal-2902
grrnvingyourfurure.ewn
1
May 1,2006
Weld County Planning Commission
Attn:Brad Mueller
918 10' St.
Greeley,CO
RE:Case Number:USR 1554
Dear Weld County Planning Commission:
This letter is to express our support for the Barkey's Bossies Dairy on 7291 WCR 80,Fort Collins.This
family operated farm has a 16-year history of running a dairy in the area. They are a family fanning
operation in which the children want to continue the dairy business.The family is highly educated,the son is
a veterinarian,one daughter has a degree in biology and another daughter is working on a degree in
horticulture.These are the type of young people we need in the agricultural industry if we-as a nation,a state
and a county-are going to keep a healthy agriculture industry.They purchased this property so their children
could continue in the dairy business,
�^- This family is transforming an old dairy-an eyesore by many accounts,and bring it into compliance with
current rules and regulations.They have hired engineers to apply current technology and best management
practices to minimize environmental degradation and impacts.
This dairy is in an area that is still primarily rural with some urban interface. When folks move into an
agricultural area,they often do not know or understand agricultural practices,and unfortunately,they do not
talc:the time to learn about this industry.
One of the projects the Colorado Foundation for Agriculture does is a Food,Fiber et More Summer Institute
for educators.Teachers work on farms and ranches in Lorimer and Weld Counties,For the past several years,
the Barkeys have hosted educators on their dairy.Upon the teachers return front their day spent on the
Barkey's dairy,they tell us how impressed they are with this dairy.It is well kept,clean,and well managed.
The teachers arc surprised by how much effort this family puts into protecting the environment and the care
that they give to the cows.
The Barkeys are an asset to Weld County,the agricultural community,the local community and their
neighborhood,Their children should have the opportunity to continue their family dairy heritage and raise
their children in the culture of agriculture.
Sincerely,
'''AVI --- Post-Ita Fax Note 7671 Dale I tr of F l
Steve Sterkel, CFA President Tuiteef M.cpti From Se del
Clef lac.,te 6, Co. C R4
Phone, /r'T Phone,
Fax,, •j0q.. Pl Fax II 336 ,gap —
r--.
.� GR%cuLrURI
44.940
Colorado Foundation for Agriculture
P.O.Box 10
Livermore,CO 80536
Al1^ 970 881-2902
growingyourfuture.com
May 1, 2006
Weld County Planning Commission
Attn: Brad Mueller
918 10th St.
Greeley, CO
RE: Case Number: USR 1554
Dear Weld County Planning Commission:
The support of this family is vital, not only to the agriculture industry, but to the future of
our children and grandchildren. We have let the farming community go by the wayside
while we keep allowing subdivisions to sprawl into agricultural land. It seems to be the
norm to spew out permits for shopping malls and subdivisions on agricultural land while
expecting the farmers to quiet down their equipment, stop the smell of the manure used to
grow our food. All the while the farmers and dairymen are quietly doing what they have
been doing for hundreds of years, keeping our agriculture industry going which provides
many jobs and money for the state. We already have generations of children growing up
who do not want to go into the agriculture industry because their parents or grandparents
did not receive the support they deserved for keeping the 3r° largest industry in Colorado
thriving.
Here we have a family who has operated a dairy for 16 years. Their children want to
continue the dairy business and have strived to obtain the education to do so and have
been very successful. To thwart their efforts in this endeavor would be detrimental, not
only to them, but to the future of our agricultural community. In my course of working
with the Colorado Foundation for Agriculture, 1 have had discussions with many teachers
in Colorado concerned about their students not knowing where milk and other farm
commodities come from. Many of their students think milk comes from the grocery store
—not knowing there is a cow involved!
I have heard so many stories from people or read items in the newspaper that condemn
farmers for trying to provide our communities with food. People complain about the
smell, the diesel, and the manure. Obscenities are yelled at farmers as they move their
equipment or work their fields, all the while these producers are trying to make a
wholesome living and provide sustenance for everyone. How did we get to this point
where the farmer and dairymen, who provide a very vital resource, are forced to sacrifice
their very existence, wholesome way of life and the future of their children, in order to
assure that they are not treading on someone else's sensitivities, who by the way are
probably eating food provided by the farmer. Shouldn't it be the other way around?
Shouldn't we as a society be bending over backwards to provide support for an industry
who provides us with so much? Shouldn't the fanner have top priority? The key is
education. From the students in school, to the adults who sometimes forget our history
and the incredible impact the agriculture industry has on us all.
I believe the Barkey's Bossies Dairy should have our total support for their endeavors.
They have succeeded as a family owned business and their children want to continue on
with the business and have strived very hard to do so. To deny this request shows
disregard for the enthusiasm and spirit this family is showing by keeping agriculture alive
and thriving in your community. We need to do everything in our power to support
agriculture and keep it surviving. Please don't force another Colorado farmer to leave the
state because we don't have the foresight to protect this industry.
Sincerely,
7Jrr_ ie... �.
Bette Blinde, Director
Hello