HomeMy WebLinkAbout850645.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A DAIRY - J.L. AND MARY
JANE WRIGHT AND JOHN AND LaREE K. SCHABINGER
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners held a public
hearing on the 14th day of August, 1985 , at the hour of 2 :00 p.m.
in the Chambers of the Board for the purpose of hearing the
application of J.L. and Mary J-ane Wright and John and LaRee K.
Schabinger, Route 1 , Box 790 - Highway 56 , Berthoud, Colorado
80513 , for a Use by Special Review for a Dairy on the following
described real estate, to-wit:
Part of the NE1, Section 19 , Township 4 North,
Range 68 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS , the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1 . The submitted materials are in compliance with the
application requirements of Section 24 .7 of the Weld
County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 .2 of the Weld County Zoning Ordinance as follows:
a. The -proposal is consistent with the intent of the
Weld County Comprehensive Plan. The Comprehensive
Plan encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local
economy or environment.
850645
Page 2
RE: USR - WRIGHT AND SCHABINGER
b. The proposed use is an agricultural activity and
is, therefore, consistent with the intent of the
agricultural district.
c. The uses permitted will be compatible with the
existing surrounding land uses and with future
development of the surrounding area as permitted by
the Agricultural Zone District.
d. The Berthoud Planning Commission has reviewed this
application and has no objection to the proposed
expansion.
e. No overlay districts affect the site.
f. Use by Special Review Operation and Design
Standards provide adequate protection of the
health, safety and welfare of the neighborhood and
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Use by Special Review for a Dairy on the hereinabove described
parcel of land be, and hereby is, granted subject to the following
conditions:
1 . The attached Standards for Use by Special Review be
adopted and placed on the Use by Special Review plat
prior to recording.
2 . The prescribed Use by Special Review activity shall not
occur nor shall any building or electrical permits be
issued on the subject property until the Use by Special
Review plat has been delivered to the Department of
Planning Services Office and the plat has been recorded
in the office of the Weld County Clerk and Recorder.
3 . The Use by Special Review plat shall be corrected to
show an additional twelve foot (12 ' ) road right-of-way
south of the existing south right-of-way line on State
Highway 56 .
4 . The applicant shall submit an augmentation plan
acceptable to the Division of Water Resources , in the
event the two existing wells are to be used in the dairy
operation. A copy of the augmentation plan shall be
delivered to the Department of Planning Services and
made a part of the Use by Special Review file.
Page 3
RE: USR - WRIGHT AND SCHABINGER
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of
August, A.D. , 1985 .
/� �EA 1 BOARD OF COUNTY COMMISSIONERS
ATTEST: Q- l t 44^ v WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J:cq line J son, Chairman
EXCUSED
Gene R. Brantner, Pro-Tem
eputy County C1 rk
EXCUSED
APPROVED A TO FORM: C.W. Kirby
67)
G d cY_
ounty Attorney
Frank Yamaguc
OPERATION STANDARDS
USR-680 :85 :24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
1 . The uses permitted shall be a dairy as described in the
application materials filed with the Department of Planning
Services and subject to the Operation Standards listed
hereon.
2 . An additional twelve feet (12 ' ) shall be reserved for the
existing south right-of-way on State Highway 56 . The total
right-of-way south of the centerline of State Highway 56
shall be seventy-five feet (75 ' ) .
3 . Retention of feedlot run-off shall be accomplished in
accordance with the Colorado Department of Health
regulations. The applicant shall be responsible for any
additional requirements issued by the Colorado Department of
Health, Water Quality Control Division.
4 . All phases of the operation shall comply with all County and
State Health Standards and Regulations pertaining to air
quality, water quality, noise emission, and sanitary disposal
systems.
5 . The applicant shall comply with the design standards for the
Use by Special Review, Section 24 . 5 et seq. , of the Weld
County Zoning Ordinance.
6 . The applicant shall comply with the Operation Standards for
Uses by Special Review, Section 24 .6 et seq. , of the Weld
County Zoning Ordinance.
7 . Representatives or members of the Weld County Health
Department and Weld County Department of Planning Services
shall be granted access onto the site at any reasonable time
in order to insure the operations carried out on the site
comply with the Operation Standards stated herein and all
applicable Weld County Regulations.
8 . The Use by Special Review area shall be limited to the plans
shown hereon and governed by the Standards as stated above
and all applicable Weld County Regulations. Any material
deviations from the plans and/or Standards as shown or stated
above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board
of County Commissioners before such changes from the plans
Page 2
RE: OPERATION STANDARDS - WRIGHT AND SCHABINGER
and/or Standards are permitted. Any other changes shall be filed
in the office of the Department of Planning Services.
9 . The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated
Standards. Noncompliance with any of the above stated
Standards may be reason for revocation of the Permit by the
Board of County Commissioners.
HEARING CERTIFICATION
DOCKET NO. 85-56
RE: USE BY SPECIAL REVIEW, DAIRY - J.L. AND MARY JANE WRIGHT AND JOHN
AND LaREE K. SCHABINGER
A public hearing was conducted on August 14, 1985, at 2:00 P.M. , with
the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem (Excused)
Commissioner C.W. Kirby (Excused)
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Debbie Campbell
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated July 24, 1985, and
duly published August 1, 1985, in the Johnstown Breeze, a public
hearing was conducted to consider the application of J.L. and Mary Jane
Wright and John and LaRee K. Schabinger for a Use by Special Review for
a Dairy. Lee Morrison, Assistant County Attorney, made this matter of
record. Gloria Dunn, Planning Department representative, read the
favorable recommendation of the Planning Commission into the record,
and stated that there are nine Operation Standards associated with this
Use by Special Review. Chairman Johnson stated that, since there were
only three Commissioners present, the applicant could choose to
continue this matter to a date when all five Commissioners would be
present. The applicants chose to proceed today. Jay Cope, attorney
representing the applicants, came forward. He stated this request is
to improve an already existing dairy and presented the proposed
improvements for the dairy. John Schabinger, one of the applicants,
came forward to answer questions of the Board. There was no one present
to speak either in favor of or in opposition to the request.
Commissioner Lacy moved to approve the request of J.L. and Mary Jane
Wright and John and LaRee K. Schabinger for a Use by Special Review for
a dairy, based upon the recommendation of the Planning Commission and
subject to the nine Operation Standards. Commissioner Yamaguchi
seconded the motion. The motion carried unanimously.
APPROVED:
0.""jpw BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J cque ne Jo n on, Chairman
� EXCUSED
D puty County Clerk Gene R. Brantner, Pro-Tem
EXCUSED
C.W. Kirby
G Lacy
Frank Yamaguch
TAPE #85-71
DOCKET #85-56
LHR 2275
i .
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # John & LaRee Schabinger
DOCKET # 85-56 - USR, Dairy , J .L . & Mary Jane Wright/John
DOCKET # 85-50 - USR, Motocross race track facility, Vince P . Frey
address and the DOC (as . _ .
,.ed
SE write or arin'� legibly your name ,
PLEA e .Daring you are attending .
above) or
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1 ADDRESS
HEAPING ATTENDING
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Exhibit Submitted By
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NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Use by Special
Review are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to makea record of the proceedings, in addition to
the taped record which will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If -a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County -Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-56 J.L. and Mary Jane Wright
John and LaRee K. Schabinger
Route 1, Box 790 - Highway 56
Berthoud, Colorado 80513
DATE: August 14, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review — Dairy
LEGAL DESCRIPTION: Part of the NEl, Section 19, Township 4 North, Range 68
West of the 6th P.M. , Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: July 24, 1985
PUBLISHED: August 1, 1985, in the Johnstown Breeze
i�
NOTICE
AFFIDAVIT OF PUBLICATION
Pursuant to the zoning laws of
the State of Colorado and.the
Weld County Zoning Ordinance,
a public hearing will be held in
the Chambers of the Board of THE JOHNSTOWN BREEZE
County Commissioners of Weld STATE OF COLORADO County, Colorado, Weld County
Centennial Center, 91.5 10th 1 SS
Street,
olo ado,Fat the Floor,
specified. COUNTY OF WELD
All persons in any manner I, Clyde Briggs s
Interested in the Use by Special y bb', do swear that I solemnly
Review are requested to attend am publisher of The Johnstown Breeze;
and may be-heard. that the same is a weekly newspaper
Should the applicant or any printed, in whole-or in part, and published
interested party desire the
presence of a certified court in the County of Weld, State of Colorado,
reporter to make a•record of the and has a general circulation therein; that
proceedings, in addition to the
taped record-which-will be kept said newspaper has been published
the
the hearie• the Clerk to continuously and uninterruptedly in said
Dolor as Office can be cost County of eld for a period of more than
rethe a for a in th of certified court
If a_court
reporter Isobtained,arethe Clerk to fifty-two consecutive weeks y' prior to the
the Board's Office shall be first publication of the annexed legal notice
advised in writing of such action
at least five days prior to the or advertisement; that said newspaper has
hearing. The cost of engaging a been admitted to the United States mails as
court reporter shall be borne by
the requesting party, second-class matter under the provisions of
BE IT ALSO KNOWN that the the Act of March 3, 1879, or any
text and maps so certified the amendments thereof, and that said
Weld County Planning Com-
mission may be examined in the newspaper is a weekly newspaper duly
office Commissioners,Board of qualified for publishing legal notices and
in County theCerk to
ythe located of 4 g•
enter, 9he 15 1ld 0th StCentennial
et, 'hiM advertisements within the meaning of the
Floor, Greeley, Colorado laws of the State of Colorado.
J. L. and Mary APPLICANT That the annexed legal notice or advertise-
Jane-Wright
JORn and LaRee K Schabinger - ment was published in the regular and
Route 1, Box 790 entire issue of every number of said weekly
HigInvey 56
Berthoud. Colorado 80513 newspaper for the_period of ..1.. consecu-
DOCKET NO. 85-58 live insertions; and that the first
DATE: August 14, 1985 publication of said notice was in the issue of
said newspaper dated .S h.(... A.D.
TIME: 2:00 P.M. and that the last publication of said notice
REQUEST: Use by Special was in the issue ofsaid newspaper dated
Review • Catty , A.D. 19
LEGAL'DESCRIPTION: Part of In witness wl 'i'-of I have hereunto set
the NE'A,Section 19,Township 4
North,Range 88 West of the 8th my hand this xa 4.9 day of H U,�j.,....,
P.M., Weld Caehty, Colorado A.D. 19.Sr
BOARD OF COUNTY
COMMISSIONERS
• WELD COUNTY,
COLORADO .... ,.
BY: MARY ANN Publisher
FEUERSTEIN
COUNTY CLERK AND
RECORDER AND CLERK
TO THE BOARD Subscribed and sworn to before me, a
BY: Mary Reiff. Deputy Notary Public in and for the County of
DATED: July 24, 1985 Wel State of Colorado, this 02y.. day of
PUBLISHED: August 1, 1985, in •• ,-A.D. 19. r. ..
the Sownu Brame
iM M COmmiss,On Ex it Nnte i4, Public.
2 South Parish Avenues June i4' I9&7
My cot m' fsi w eccpiripc:l4
•
•
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO
ss
NOTICE COUNTY OF WELD
Pursuant to the zoning laws of I, Clyde Briggs, do solemnly swear that I
the State of Colorado and the am publisher of The Johnstown Breeze;
Weld County Zoning Ordnance, that the same is a weekly newspaper
a the public hearing
ofwte be of printed, in whole or in part, and published
County Commissioners of Weld County, Colorado, Weld County
in the County of Weld, State of Colorado,
o
Centennial Centeer, 915 10th and has a general circulation therein; that
StreColorado, at First floor,It time Specified. said newspaper has been published
All persons in any-, manner continuously and uninterruptedly in said
interested in the Use by Special
Review are requested to attend County of Weld for a period of more than
and may be heard.
fifty-two consecutive weeks prior to the
Should the applicant or any first publication of the annexed legal notice
interested party desire the
presence of a certified court or advertisement; that said newspaper has
reporter to make a record of the been admitted to the United States mails as
proceedings, in the
taped record do be ke
pt pt
which will second-class matter under the provisions of
during the hearinb, the Clerk to
the Board's Office can be con-
the Act of March 3, 1079, or any
tented for a list of certified court amendments thereof, and that said
reporteraisobtained the a to newspaper is a weekly newspaper duly
thein writing s oof such action qualified for publishing legal notices and
at least five days prior to the advertisements within the meaning of the
hearing.reporterThe csht of shall be gamrn engaging y
court laws of the State of Colorado.
n ba
the requesting party. That the annexed legal notice or advertise-
BE IT ALSO KNOWN that the ment was published in the regular and
text and maps ao certified by the entire issue of every number of Said weekly
td Count Planning Cormf
mission may examined in the newspaper for the period-of consecu-
office of the Clerk to the Board of
County Commissioners, located tive insertions; and that the first
in the Weld County Centennial publication of said notice was in the issue of
Center, 915 10th Street, Third
Floor, Greeley, Colorado said newspaper dated 6—..�.., A.D. 1.S,5,
J. L. and Mary Pe APPLICANT and that the last publication of said notice
' Wright
John and LaRee K Schabinger was in the issue of said newspaper dated
Route 1, IB1pponxa aTyy80 - , A.D. 19
58
Berthoud, Colorado"880513 - In witness whereof I have Jereunto set
DOCKET-NO. 85-58 my hand thi . ....a clay .......,
DATE:'August 14, 1985 A.D. 19t? /
TIME: 2:00 P.M.
REQUEST: Use by Special CoREQU - Dairy ••••• ••
Publisher
LEGAL DESCRIPTION: Part of
the NEf..Section 19,Township 4
North,Range 88 West of the the 8th
P.M., Weld County, Colorado Subscribed and sworn to before me, a
BOARD OF COUNTY Notary Public in and for the County of
COMMISSIONERS
WELD COUNTY, Wel State of Colorado, this G.r. day of
COLORADO
... A.D. 19.x `..
BY: MARY ANN
FEUERSTEIN
COUNTY CLERK AND � ! 61elAr
RECORDER AND CLERK 4 ,f�fu
• TO THE BOARD Notary Public.
BY: Mary Reiff, Deputy
DATED: July 24, 1985
PUBLISHED: August 1, 1085, In My commission expires
the Johnstown Breeze
My Comrnissoon Expires tuna 64, toil
2 South Parish Arvnue
lchnsfcwn ' _.r-1
AFFIDAVIT OF PUBLICATION
LONGMONT DAILY TIMES-CALL
State of Colorado
County of Boulder
Roger L. Morris do
solemnly swear that the LONGMONT DAILY TIMES-CALL is a
daily newspaper printed, in whole or in part, and published in
NOTICE •
the City of Longmont, County of Boulder, State of Colorado, J Pursuant adt Wei C untlaoeng the Ordianoe,apbra-
tleand wiWen CountyhenthaObersce Ordinance, alid
and which has general circulation therein and in parts of Boulder of ouOy CbabanOnthe Chambers Board
of Weld Commty Centeno alWeld County,Colors:.
eOth
and Weld Counties; that said newspaper has been continuously do, Weld County reeley,-C do, ore e
Street,FirstA Flow,Greeley,-to any marine interested tt the time
and uninterruptedly published fur a period of more than six months ' specified.thUb S$cialnevI any mennarattend
of next prior to the first publication of the annexed legal notice anemaybeheard. Review are requested to attend
of advertisement, that said newspaper has been admitted to the Should the applicant or any interested party desire
the presence of a certified court reporter to make a
record of the proceeding United States mails as second-class matter under the s,in addition rome taped
provisionsr rtneecord which will be kept du thin Featlne,the-
of the Act of March 3, 1879, or any amendments thereof. and ClerktotheBoan'sOfficecanbecontactedbra
I list of certified court repppp0000rters in Ma area.If a court
that said newspaper is a daily newspaper duly qualified for publishing reporter is obtained, Ierk to the Board's Offlde
shall be advised meriting of such action at least
legal notices and advertisements within the meaning of the laws I five days prior to the hearing.Thecoet of engaging
a court reporter shall be borne by the requesting
of the State of Colorado; that copies of each number of said party.
newspaper, in which said notice or advertisement was published. BE IT bysthe WedNCountyPlanning Commission
may be examined in the office of the Clerk to the
were transmitted by mail or earner to each of the subscribers
Board of County Commissioners, located in the
of said newspaper, according to the accustomed mode of business ; TWeld County Centennial Canter, 91610th Street,
in this office.
Dnird OCKFET NO.66-58y Colorado.
APPLICANT
J.L.and Mary Jane Wright
That the annexed legal notice or advertisement was published John andLa eeK.Schabin 5r
Route 1,Box 290——orado8y56
Berthoud,Colorado 80613
in the regular and entire editions of said daily newspaper XXXXXX DATE:August 14,1985
TIMEREQUE ST0 P.M.
yyyy yy yy�yyyyyy y yyWV
�yy�/y�y REGAL Use by Special Review—Dairy
Xlit4 F^niP'lY1C"StYfl�lt'^:H M)1`r@X¢1T`W(4g for the period of 1 LEGAL DESCRIPTION: Part 19, ownep 4 T NEM,Section
Range 68 West of the 6th
P.M.,Weld County,Colo•
redo
consecutive insertions; and that the first publication of said notice •I BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
BY: MARY ANN FEUERSTEIN
was in the issue of said newspaper dated July 29 COUNTY CLERK
AND RECORDER AND
CLERK TO TNE.BOARD
BY: Mary FMK Deputy
19 85 and that the last publication of said notice was in I' Published inthe Daily Times Cell,Longmont,Colo.
ly fl,
the issue of said newspaper dated.
JUIY 2 1985
(l10
( ssistant Business Manager l�
Subscribed and sworn to before me this 29th day of
•
July 1985
-,-Nptar u c
FEE $ 18.50 'rte ifi.`" my commission EXPIRES
/‘ � ot 7i7 - - , R6 1935'
717 - 1 1 AU-NUE
��1� ) i oN( AtONT
V-4.1,,n
',mac :.r COLORADO 8050-5
C9 lc)1SNt
1-1300-02
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Use by Special
Review are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to make a record of the proceedings, in addition to
the taped record which will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-56 J.L. and Mary Jane Wright
John and LaRee K. Schabinger
Route 1, Box 790 - Highway 56
Berthoud, Colorado 80513
DATE: August 14, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Dairy
LEGAL DESCRIPTION: Part of the NE}, Section 19, Township 4 North, Range 68
West of the 6th P.M. , Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: July 24, 1985
PUBLISHED: August 1, 1985, in the Johnstown Breeze
,CXH,ei7 !/
k
e
DEPARTMENT OF PLANNING SERVICES
6t s PHONE(303)3564000 EXT.4400
. 915 10th STREET
tip I. AIR GREELEY, COLORADO 80631
WiFe
COLORADO
NOTICE OF PUBLIC REARING
The Weld County Planning Commission will conduct a public hearing on June
18, 1985 at 1:30 p.m. to review a request for approval of a Use by Special
Review Permit for a dairy from J.L. & Mary Jane Wright and John W. & LaRee
K. Schabinger on a parcel of land described as Pt. NE4 of Section 19, T4N,
R68W of the 6th P.M. , Weld County, Colorado, containing 15.039 acres, more
or less.
The public hearing to be held by the Weld County Planning Commission for the
consideration of the above referenced request will be conducted in the Weld
County Commissioners' Hearing Room, First Floor, Weld County Centennial
Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related
to the above request should be submitted in writing to the Weld County
Department of Planning Services, 915 Tenth Street, Room 342, Greeley,
Colorado 80631, before the above date or presented at the public hearing
on June 18, 1985.
Copies of the application are available for public inspection in the
Department of Planning Services, Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400.
Robert E. Ehrlich, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by May 30, 1985
Received by:
Date: �/
DATE: July 24 , 1985
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 14th day of August, 1985 , at 2 :00 P.M.
Docket No. 85-56 - J.I.. and Mary Wright / John and LaRee K.
Schabinger, USR-Dairy
OFFICE OF THE CLE TO THE BOARD
BY: �l/ /� Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mo -
/°174-` '
, �(/14,1� all 711
Summary of the Weld County Planning Commission Meeting
July 16, 1985
Page 3
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Lydia Dunbar - yes; Doug Graff - yes;
Paulette Weaver - yes; Bill McMurray - yes; Louis Rademacher - yes; Jack
Holman - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried
unanimously.
CASE NUMBER: USR-680:85:24 (Continued from June 18, 1985)
APPLICANT: J. L. and Mary Jane Wright/John W. and LaRee K.
Schabinger
REQUEST: A Use by Special Review Permit for a Dairy
LEGAL DESCRIPTION: Part of the NE1, Section 19, T4N, R68W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles east of Berthoud; south of State Highway 56
and east of Weld County Road 1
APPEARANCE:
Jay Cope, Attorney, represented the applicants. He stated this case was
continued because there was not a waste retention plan. The applicant has
obtained that and copies have been distributed to members of the Planning
Commission. The drainage plan was prepared by Rocky Mountain Consultants,
Longmont, Colorado. This request is for an existing dairy operation. It is
an existing Nonconforming Use and the owners want to improve it and make it
less of a problem for the surrounding property owners. The property,
according to the engineering report, will have proper drainage and run-off.
It is consistent with the surrounding properties in the area. Right now,
the applicant can have one hundred cows and fifty calves. They only want to
make better facilities to take care of the cattle.
Tape 211 — Side 1
Lee Morrison stated it is important to remember the criteria reviewed for
approval or denial of this request is the same as for a Use by Special
Review Permit. While the applicant may not be adding any more livestock he
is asking to enlarge and improve the holding facilities.
The Chairman called for discussion from the audience.
Bill Taylor, surrounding property owner, spoke against this request because
of the pollution, environment, etc. , and the dairy will magnify these
problems in this area.
L ft/B/ 7 e
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Summary of the Weld County Planning Commission Meeting
July 16, 1985
Page 4
Bill Forrest, area property owner, reported that when they purchased their
land in 1963 this dairy was already in existence. There are other dairies
in the immediate area on land that is not as large as applicant's. This is
an agricultural area and they would like it to remain agricultural not
residential.
Frank Newcomb, surrounding property owner, stated he has ten acres and wants
the land to remain agricultural. He is not opposed to the dairy, but he is
concerned with pollution. He is only opposed to doing things wrong and
damaging the environment. The environment should be protected for future
generations.
Wes Potter, Director, Environmental. Health, Weld County Health Department,
discussed the guidelines for feedlot run—off. The high groundwater table
usually peaks toward the end of August, but an engineer can check where the
high groundwater table has been without waiting for that time.
Dr. Wooley, Director, Weld County Health Department, briefly reviewed the
engineer's report.
Lee Morrison inquired about the twenty—four hour, twenty—five year flood.
Wes Potter stated if this were a new request they would have to have the
holding ponds completed before they could put any cattle on the property.
David Schoepner, surrounding property owner, reported he is not against the
dairy, but he is against a big commercial operation.
Tape 211 — Side 2
Bill Schabinger, applicant, reported they would like to expand the dairy
slowly with a completion date set for 1995. They do want to complete the
holding ponds first and would like to install these in the spring of 1986.
The Chairman asked Gloria Dunn to read the recommendations, conditions, and
development standards as outlined by the Department of Planning Services
staff into the record.
The Chairman asked Mr. Cope and Mr. Schabinger if they had any objections to
anything outlined. Mr. Schabinger reported he could not see the need for an
augmentation plan as they are not using, and do not plan to use the wells at
all.
Summary of the Weld County Planning Commission Meeting
July 16, 1985
Page 5
Jean Martin, a members of the audience, asked about the right-of-way
reservation.
Lee Morrison explained the difference between a reservation and a
dedication.
MOTION:
Jack Holman moved Case Number USR-680:58:25 for J. L. and Mary Jane Wright/
John W. and LaRee R. Schabinger for a Use by Special Review Permit for a
dairy be forwarded to the Board of County
Commissioners
with
th the en Planning
Commissions recommendation for approval based upon the
conditions, and development standards as outlined by the Department of
Planning Services staff and the testimony heard by the members of the
Planning Commission. Motion seconded by Sharon Linhart.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Lydia Dunbar - yes; Doug Graff - No, because
he is not sure the health, safety, and welfare of the inhabitants yes; Bill
the
area would be adequately protected. Paulette Weaver - y Sharon
McMurray - yes; Louis Rademacher - yes; Jack Holman - yes;
Linhart - yes; Bob Ehrlich - yes. Motion carried unanimously.
CASE NUMBER: USR-687:85:31
APPLICANT: Weld County Engineering Department - Lyness Pit
REQUEST: A Use by Special Review Permit for an Open-Cut, Gravel Pit
LEGAL DESCRIPTION: Part of the 51/2 SEti, Section 31, T9N, R61W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately 6 miles northeast of Briggsdale; east of Weld County
Road 85 and north of Weld County Road 98
APPEARANCE:
Don Carroll, Weld County Engineering Department, represented the applicant.
He stated this will be a limited impact operation and would be used only for
roads in the immediate area. They have a five year lease
n any d willtry to
crushing no Be also
spread the use equally over those five years. They will t do their plans fng
at this site, but they will do screening. explained
reclamation.
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Holman that the following resolution be introd E ol`lptskgrA21r,1
by the Weld County Planning Commission. Be it Resolved by 1ii ;Oidyar r—,,
Planning Commission that the application for: L� _'1;, y ��/
CASE NUMBER: USR-680:85:24 I JUL ! 91985
NAME: J. L. and Mary Jane Wright/John and LaRee K. Schabinger CREELEY. COco;
ADDRESS: Route 1, Box 790 - Highway 56, Berthoud, Colorado 80513
REQUEST: A Use by Special Review Permit for a Dairy
LEGAL DESCRIPTION: Part of the NE1, Section 19, T4N, R68W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles east of Berthoud, south of Colorado
Highway 56 and east of Weld County Road One.
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3.1 et seq. of the
Weld County Zoning Ordinance as follows:
- The proposal is consistent with the intent of the Weld
County Comprehensive Plan. The Comprehensive Plan
encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local economy or
environment;
- The proposed use is an agricultural activity and is
therefore, consistent with the intent of the
agricultural district;
- The uses permitted will be compatible with the existing
surrounding land-uses and with future development of the
surrounding area as permitted by the agricultural zone
district;
- The Berthoud Planning Commission has reviewed this
application and has no objection to the proposed
expansion;
USR-680:85:24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
July 16, 1985
Page 2
- No overlay districts affect the site;
- Use by Special Review Operations and Design Standards provide
adequate protection of the health, safety and welfare of the
neighborhood and County.
The Planning Commission's recommendation for approval is conditional upon
the following:
1. The attached Standards for Use by Special Review be adopted and
placed on the Use by Special Review plat prior to recording.
2. The prescribed Use by Special Review activity shall not occur nor
shall any building or electrical permits be issued on the subject
property until the Use by Special Review plat has been delivered
to the Department of Planning Services office and the plat has
been recorded in the office of the Weld County Clerk and Recorder.
3. The Use by Special Review plat shall be corrected to show an
additional twelve foot (12') road right-of-way south of the
existing south right-of-way line on State Highway 56.
4. The applicant shall submit an augmentation plan acceptable to the
Division of Water Resources, in the event the two existing wells
are to be used in the dairy operation. A copy of the augmentation
plan shall be delivered to the Department of Planning Services and
made a part of the Use by Special Review file.
Motion seconded by Sharon Linhart.
Vote:
For Passage Against Passage
Lydia Dunbar Doug Graff
Paulette Weaver
Bill McMurray
Louis Rademacher
Jack Holman
Sharon Linhart
Bob Ehrlich
The Chairman declared the Resolution passed and ordered that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
USR-680:85:24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
July 16, 1985
Page 3
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary of the Weld County Planning Commission,
do hereby certify that the above and foregoing Resolution is a true copy of
the Resolution of the Planning Commission of Weld County, Colorado, adopted
on July 16, 1985, and recorded in Book No. IX of the proceedings of the said
Planning Commisison.
Dated the 16th day of July, 1985/
QOlaAar_x- ®oc,
Bobbie Good
Secretary
OPERATION STANDARDS
USR-680:85:24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
1. The uses permitted shall be a dairy as described in the application
materials filed with the Department of Planning Services and subject to
the Operation Standards listed hereon.
2. An additional twelve feet (12') shall be reserved for the existing
south right-of-way on State Highway 56. The total right-of-way south
of the centerline of State Highway 56 shall be seventy-five feet (75') .
3. Retention of feedlot run-off shall be accomplished in accordance with
the Colorado Department of Health regulations. The applicant shall be
responsible for any additional requirements issued by the Colorado
Department of Health, Water Quality Control Division.
4. All phases of the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
5. The applicant shall comply with the design standards for the Use by
Special Review, Section 24.5 et seq. , of the Weld County Zoning
Ordinance.
6. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
7. Representatives or members of the Weld County Health Department and
Weld County Department of Planning Services shall be granted access
onto the site at any reasonable time in order to insure the operations
carried out on the site comply with the Operation Standards stated
hereon and all applicable Weld County Regulations.
8. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the Standards as stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Standards as shown or stated above shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and the
Board of County Commissioners before such changes from the plans and/or
Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
9. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
ADDITIONAL COMMENTS
J. L. and Mary Jane Wright
John and LaRee Schabinger
USR-680:85:24
Five letters from surrounding property owners have been submitted to the
Department of Planning Services in support of this application. Two
surrounding property owners have responded in objection to expansion of the
dairy.
Phil Pennock, pump operator for Newell Lake Drainage District, telephoned
the Department of Planning Services on June 14, 1985. Be stated that since
pumping of the lake has begun, the water table in the Use by Special Review
area has dropped three feet.
TY31ENTORY OF ITEMS FURMITTED FOR CONSIDERATION
Case Number OJk 610 : "5-72)2(
Submitted or Prepared
Prior
to Hearing At Hearing
V7
1. Application c2.2 Pages
2. 6, Application plat(s) / page(s) f/
3. DPS Referral Summary Sheet Vi-
4. DPS Recommendation L/7/
5. DPS Surrounding Propery Owner Mailing List t/
6.DPSS Mineral Owners Mailing List 6 /
7. 3 DPS Maps Prepared by Planning Technician %./*/
8. DPS Notice of Fearing v"/
9. DPS Case Summary Sheet
10. DPS Field CheckL
11. Aer la/roh-bS Of -tr.4e— (ik ,, i ksc- i
12. 6 le1&s ;n. Skir too rf Er-on.. SPc 6 F f ni i L, K ; ; ; L .
13' 1 I e He r o F orro o s fr r,. 1.-
14. P1a-v. )r Osto c-e-nttlA rbsi-.:k -maccC,ID LZ
15.
16.
17.
18.
19.
20.
I hereby certify that the 1I items identified herein were submitted to the
Department of Planning Servic at or prior to the scheduled Planning Commission
hearing. I further c ify that these items .wer ,,Lcrwarded to the Clerk to the
Board's office on +,P / 9 19 d J .
Current Tanner
STATE OF COLORADO )
)
COUNTY OF WELD )
SUBSCRIBED AND SWORN -TO BEFORE ME THIS 194 DAY OF O..\ .\ 195S% ,
SEAL
v :t ci o o A
NO ARY PUBLIC \
r•Ofiei 7
MY COMMISSION EXPIRES My ( """ "" I x,rres eb. 13, 118Y
Date: June 18, 1985
CASE NUMBER: USR-680:85:24
NAME: J. L. and Mary Jane Wright/John and LaRee K. Schabinger
ADDRESS: Route 1, Box 790 - Highway 56, Berthoud, Colorado 80513
REQUEST: A Use by Special Review Permit for a Dairy
LEGAL DESCRIPTION: Part of the NE1, Section 19, T4N, R68W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles east of Berthoud, south of Colorado
Highway 56 and east of Weld County Road One.
THE DEPARTMENT OF -PLANNING SERVICES STAFF RECOMMENDS TEAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance -with application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff
that the applicant has shown compliance with Section 24.3. 1 et
seq. of the Weld County Zoning Ordinance as follows:
The proposal is consistent with the intent of the Weld
County Comprehensive Plan. The Comprehensive Plan
encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local economy or
environment;
- The proposed use is an agricultural activity and is
therefore, consistent with the intent of the
agricultural district;
The uses permitted will be compatible with the existing
surrounding land-uses and with future development of the
surrounding area as permitted by the agricultural zone
district;
The Berthoud Planning Commission has reviewed
his
application and has no objection to the proposed
expansion;
- No overlay districts affect the site;
- Use by Special Review Operations and Design Standards
provide adequate protection of the health, safety and
welfare of the neighborhood and County.
USR-680:85:24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The attached Standards for Use by Special Review be adopted and
placed on the Use by Special Review plat prior to recording.
2. The prescribed Use by Special Review activity shall not occur nor
shall any building or electrical permits be issued on the subject
property until the Use by Special Review plat has been delivered
to the Department of Planning Services office and the plat has
been recorded in the office of the Weld County Clerk and Recorder.
3. The Use by Special Review plat shall be corrected to show an
additional twelve foot (12' ) road right-of-way south of the
existing south right-of-way line on State Highway 56.
4. The applicant shall submit an augmentation plan acceptable to the
Division of Water Resources, in the event the two existing wells
are to be used in the dairy operation. A copy of the augmentation
plan shall be delivered to the Department of Planning Services and
made a part of the Use by Special Review file.
OPERATION STANDARDS
USR-680:85:24
J. L. and Mary Jane Wright
John W. and LaRee K. Schabinger
1. The uses permitted shall be a dairy as described in the application
materials filed with the Department of Planning Services and subject to
the Operation Standards listed hereon.
2. An additional twelve feet (12' ) shall he reserved for the existing
south right-of-way on State Highway 56. The total right-of-way south
of the centerline of State Highway 56 shall be seventy-five feet (75') .
3. Retention of feedlot run-off shall be accomplished in accordance with
the Colorado Department cf Health regulations. The applicant shall he
responsible for any additional requirements issued by the Colorado
Department of Health, Water Quality Control Division.
4. All phases of the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
5. The applicant shall comply with the design standards for the Use by
Special Review, Section 24.5 et seq. , of the Weld County Zoning
Ordinance.
6. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
7. Representatives or members of the Weld County Health Department and
Weld County Department of Planning Services shall be granted access
onto the site at any reasonable time in order to insure the operations
carried out on the site comply with the Operation Standards stated
hereon and all applicable Weld County Regulations.
8. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the Standards as stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Standards as shown or stated above shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and the
Board of County Commissioners before such changes from the plans and/or
Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
9. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
ADDITIONAL COMMENTS
J. L. and Mary Jane Wright
John and LaRee Schabinger
USR-680:85:24
Five letters from surrounding property owners have been submitted to the
Department of Planning Services in support of this application. Two
surrounding property owners have responded in objection to expansion of the
dairy.
Phil Pennock, pump operator for Newell Lake Drainage District, telephoned
the Department of Planning Services on June 14, 1985. He stated that since
pumping of the lake has begun, the water table in the Use by Special Review
area has droppedthree feet.
Rocky Mountain Consultants,Inc.
500 Coffman Street, Suite 107•Longmont,CO 80501•(303) 772-5282 R111C
Offices also located in Denver and Estes Park, CO•Denver line: 665-6283
July 16, 1985
Mr. John Schabinger
Route #1 , Box 790
Highway 66
Berthoud, CO 80513
RE: Fox Pine Farms - Waste Pond
Dear Mr. Schabinger:
Herewith transmitted are our calculations for sizing the Waste
Pond for the Fox Pine -Hills Special Review Permit.
Per our calculations, a pond with bottom dimensions of 70'x700'
with a depth of .2' and 2:1 side slopes, will hold 111,264
cubic feet, which is slightly more than the required 109,336
cubic feet.
An 8' deep test hole was dug on the site on July 15, 1985. A
log of that hole is shown on the Special Review Permit Plan
Map.
No free water was found in the hole upon completion of the digging.
There was evidence of maximum seasonal groundwater approximately
6' from the ground surface. Excavating the pond a maximum of
only 2' will keep the bottom of the pond a minimum of 4' from the
high water table.
The total volume of excavation required will be approximately
2,800 cubic yards. Some of the material will be required to bring
the easterly side of the pond embankment to grade, but the rest of
if can be wasted in a berm along the east side of the pond.
Please review the attached calculations for volumes, setbacks, etc.
If you have any questions, please feel free to contact us at your
convenience.
Sincerely, tpO"""!14,
4,O1,k
R0CKY mcglit 'i1 S, I NC.
E. Way aworthtd6b .E. #17392
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COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm I` "�L. II- Thomas M.Vernon, M.D.
Governor '. 18 76 �` Executive Director
July 12, 1985
Ms. Gloria V. Dunn D VIVJ 4 E
Dept. of Planning Services
915 10th Street •.r.)," II15 1985
Greeley, CO 80631
RE: Wright Dairy and Mile-Hi Sheep Co. Weld Co. Planning Commission
Weld County
Dear Ms. Dunn:
A review of the Use by Special Review applications for the subject
facilities has been completed. To date the division is not aware of any
water quality related problems with either existing site and thus a proper
expansion at each site should not present problems. Attached is a copy of
current state regulations for feedlots. As both facilities are being
expanded, runoff containment for a 25-year, 24-hour precipitation event
required for new facilities seems appropriate. Additionally, proper and
timely disposal of runoff is very important.
Also, attached is a copy of guidelines which may be of assistance in
designing controls for the facilities.
Should there be further questions, please contact this office.
Sincerely, ilk
/>€471 j Robert J. Shukle
Industrial Unit Chief
Permits and Enforcement Section
WATER QUALITY CONTROL DIVISION
RJS/lc
xc: Tom -Bennett, Planning and Standards Section, WQCD
Bud Mahn, D.E. , Field Services and Monitoring Section, WQCD
Enclosure
A2lf1 FACT 1111-I AVPMIIF IIFNVFPrni fPAflfl Rn99f1 PHf1NF (3(131 39(1-8333
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COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm l` :''"i"" % Thomas M.Vernon, M.D.
Governor /8 76 Executive Director
July 12, 1985 Rl C- .-;,
t� J' I , IoFJ �f�
Ms. Gloria V. Dunn
Department of Planning Services _..,
914 10th Street Weld Co. Plano,¢ ; ::n,; ,
Greeley, CO 80631
RE: Wright Dairy and Mile-Hi Sheep Company, Weld County
Dear Ms. Dunn:
This letter is an addendum to the letter from Bob Shukle, of Permits
and Enforcement Section, dated July 12, 1985.
I have inspected the proposed Wright Dairy site expansion, and spoke
with neighbors on both sides of this dairy on Thursday, July 11 , 1985.
The neighbors expressed concern about the high groundwater problem
along State Highway 56 and the possibility of groundwater contamination
if this dairy is expanded.
According to the application the existing wastewater pond will be used
for containing runoff from this facility. The pond is located in the
northwest corner of the dairy alongside State Highway 56. The pond was
dry at this inspection, but there is a marshy area on the north side of
State Highway 56, which appears to be caused by Newell Lake. An open
ditch from Newell Lake was draining into this marshy area. According
to neighbors, later in the summer this marshy area expands on the south
side of Highway 56 into the proposed waste treatment pond for the dairy,
as well as other properties fronting on this highway. Newell Lake is
pumped to Bacon Lake, which in turn flows by gravity to the Little Thomp-
son River.
If this dairy is expanded the 25 year-24 hour containment pond must be
located in an area so there is no problem with groundwater contamination.
Test borings should show that the maximum seasonal high groundwater level
is at least four (4) feet below the bottom of the pond. Also the pond
should be sealed.
Plans for this facility must be submitted to the Permits and Enforcement
Section of the Water Quality Control Division for our review and approval .
471(1 PAST 11TH A\/FNIIP fFN\/PPrni f1RAflf1 Rf177f1 PHf1NF nn:-4l f7(1-R:lfZ
Ms. Gloria V. Dunn
July 12, 1985
Page 2
Another problem with this dairy expansion appears there is not adequate
land area for disposing of the liquid waste from the pond. This must be
pumped back on the land so there is always enough capacity for a 25 year-
24 hour storm.
Very truly yours,
C.O. Mahn, Jr. , P.E.
District Engineer
Field Services & Monitoring Section
Water Quality Control Division
COM:ef
cc - Bob Shukle, Permits -& Enforcement Section
Planning & Standards Section
Weld County Health Department
LAND-USE APPLICATION
SUMMARY SHEET
Date: June 18, 1985
CASE NUMBER: USR-680:85:24
NAME: J. L. and Mary Jane Wright/John W. and LaRee K. Schabinger
ADDRESS: Route 1 Box 790, Highway 56, Berthoud, Colorado 80513
REQUEST: A Use by Special Review permit for a dairy
LEGAL DESCRIPTION: Part of the NE1, Section 19, T4N, R68W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately two (2) miles east of Berthoud; south of Colorado
Highway 56 and east of Weld County Road 1
SIZE OF PARCEL: 15.039
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this proposal is listed in Section 24.3 of the
Weld County Zoning Ordinance.
This application was submitted as a result of Violation Case #608:85:56,
expansion of a nonconforming use.
The Department of Planning Services staff has not yet received
recommendations from the Weld County Health Department, Colorado Department
of Health, and the Fort Collins Soil Conservation Service.
In a letter dated June 3, 1985, the Colorado Division of Highways has
requested an additional twelve foot (12') dedication for State Highway 56
along the north boundary of the property.
The Department of Planning Services has received one objection to this
application.
FIELD CHECK
FILING NUMBER: USR-680:85:24 DATE OF INSPECTION: June 7, 1985
NAME: J.L. & Mary Jane Wright/ John W. & LaRee K. Schabinger
REQUEST: Use by Special Review permit for a dairy
LEGAL DESCRIPTION: Pt. NEZ of Section 19, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 2 miles east of Berthoud, south of Colorado Highway
56 and east of Weld County Road 1.
LAND USE: N Colorado Highway 56, pasture, residence
E Residence, horse breeding ranch, church
S Cropland, residence
W Residence, pasture
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access is to Colorado Highway 56. Structures on the subject site include a
residence, small office, milk barn and fencing for cattle. Ground slopes to
the north. Areas of the property south and west of the buildings are
pasture.
Ten residences are located within 1/4 mile; one is directly west of the
property.
By: / (/
Glor a . Dunn
Curren Planner
REFERRAL LIST
APPLICANT: J.L. & Mary Jane Wright/John W. & LaRee K. Schabinger NUMBER: USR-680:85:24
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 7, 1985
NO SR NR NO SR NR
County Attorney X Ft. Collins Soil
Conservation Service
X Weld County Health Dept. 2625 Redwing Road
Suite 25
Engineering Department Ft. Collins, CO 80526
X County Extension Agent � Annette Sterkel
Berthoud Planning Comm.
Office of Emergency Mngmt P.O. Box 116
Berthoud, CO 80513
X State Engineer
Division of Water Resources / X McIntyre Lateral Ditch Co.
1313 Sherman St. , Room 818 c/o Phil Pennock
Denver, CO 80203 Rt. 1, Box 35
Berthoud, CO 80513
X State Highway Department
1420 2nd Street
Greeley, CO 80631
)( Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
_ City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
X Louis Rademacher
Weld County Planning Commission
13184 Weld County Road 13
Longmont, CO 80501
NO=No Objection
SR=Specific Recommendations
NR=No Response
STATE OF COLORADO
DIVISION OF HIGHWAYS
P.O. Box 850 l.�i �'r,.
w
Greeley, Colorado 80632-0850 )= 7,,
(303) 353-1232 •'
June 3, 1985 Weld Co. , S.H. 56
Schabinger/Wright
Special Review, 2 Mi.
E. of Berthoud on S.
Ms. Gloria V. Dunn Side Hwy. 56
Department of Planning Services
Weld County DOH File 45100
915 10th Street
Greeley, CO 80631
Dear Ms. Dunn:
We have reviewed the Schabinger/Wright application for a special
review permit and have the following comments:
Projected traffic on State Highway 56 indicates the need for a
150-foot total right of way, 75 feet each side of the highway
centerline. Since the existing width is 63 feet south of the centerline
along this property, an additional 12 feet should be provided by
reservation or, preferably, dedication as permitted by local regulations.
Thank you for the opportunity to review this application.
Very truly yours,
ALBERT CHOTVACS
DISTRICT ENGINEER
(4,—/
John (K.
District Planning/Environmental Manager
JKC:WJ:mbc
cc: A. Chotvacs
File: Crier-Jacobson
j JUN i 1985
Weld Co. Planning Commission
r--�Ir-'-------/rte��L�
n ti :1� rl rl r41
, .. tri
.I �� u.. Frank Newcomb
nJ; , J �� 5
890 Colo Hwy 56
Li J Berthoud CO, 80513
-Phone: (T0_) 532-4118
Weld Co. Planning Commission Business: (303) 447-6976
;taw;) 447-6976
June 7, 1985
Weld County Dept . of Planning Services
915 10th Street - Room 342
Greeley, Colorado 80631
Attention: Ns. Gloria or i a V. Dunn
Subject: Case Number USR-680:85:24
It is my understanding that the permit request essentially
involves a dairy operation expanded to 100 milkers and 50
calves. I personally feel that this would place unjustified
burden on the 15 acres total with improvements and surrounding
properties from both a health and property value viewpoint. The
drainage in this area is marginal (Newell Lake Drainage) , and
the -water table varies approximately from 3 to 6 feet below
ground level on my parcel . It is my opinion that normal zoning
restrictions concerning land use and requirements for size of
dairy operations should not be waivered or relaxed with out
a responsible technical assessment of impact by appropriate
Federal , State and County Agenci es; c:apabl e of providing
factual conclusion of impact concerning health risks, ground
water pol Ut i on, drainage, and soil contamination. I would
submit to the commission that any lack of response by these
agencies does not legally assure technical assessment or
approval .
Respectfully,
73,-...Le..../
Frank Newcomb
D G _ a [AV
Frank: Newcomb
1985 890 Colo Hwy 56
Berthoud CO, 80513
Phone: (303) 532-4118
Weld to. Planning Cpmmdssiorf r{ussi.:i nc_esss: (303) 447-6976
,Iul. y 1 , 1985
Weld County Dept. of Planning Services
915 10th Street. •-. Room 342,
Greeley, Colorado 80631.
Attention: Ms. Gloria V. Dunn
Subject: Case Number USR--680:85: '24
Reference: My letter of June 7, 1985 -- same subject by certified
mail .
Due to business travel , I was unable to attend the public
hearing concerning this case on June 18, 1985. I understand
from other landowners present that another hearing will be
hel.ci on July 16, 1985. If another public hearing is to take
place, I would like to attend if you c:oul d advise as to the
time and place. I have a genuine concern regarding animal
health hazards in the requested permit for expansion. My
concern is supported by factual and published information
from recognized authorities such as Dr. Lon D. Lewis, a leading
Equine Nutritionist and the National Academy of Sciences in
Washington, D.C.
My wife and I are engaged in the business of breeding and rais-
ing thoroughbred race horses. We have a substantial investment
in bloodlines and can not run the risk of surface water or
water table pollution, specifically in the area of nitrate
toxicity caused by f eca.l l y-pol l cued surface of subsurf ac:e water.
Such pollution could lead to and be proven to account for abort-
ion, reproductive problems and reduced growth rates as well as
conditions of vitamin deficiency. In addition, I am concerned
about other possible contaminates in total dissolved solids.
Would you please make this letter and attachments available to
the Board of Commissioners, for their_ review and consideration.
..1IianI•::you.
Sincerely,
Fran:: Newcomb
D rrc, t"
S )
?e !1-,c_LA Cc S
June 10, 1985
'yield County Department of Planning
915 10th St.
Greeley, CO 80631
APT: Gloria Dunn
Dear Sirs :
This is written concerning the up coming hearing on case
number: USR-680 :85 :24, which is to be reviewed by your board
on the 13th day of June 1985.
Let it he known that I am strongly in favor of the expansion
b�: �"s. Scnobin:;er (D3- Fox Pine Farms ) . I have
reviewed tae plans with Fr, Schabinger and feel that there is
no short or long term .roblem wit° hi proposal. We have
observed ;+r. Schabinger for the past year and a half and found
that he is a hard diligent worker who has been trying to clean
up ond im_rove the present facilities to make it a more efficient
onarration and also more appealing to the community.
IL short, I the u i 1-er—signed would like it to be known that
Or, bin or our full support in his dairy operation and:
in h Mtn:: rir.n3. F.e hope Ms. Dunn, t :'..t you and your
p1 ann i no sic f f -i-li reel the earns way.
Sincerely ,
S C`
•n n �
�J �vL 1.N � I ,. • � • - ,•
Hi H
1i /fi j` l?�, e l-
r
June 111, 1 ';-35
Weld County Department of Planning
915 10th St.
Greeley, CO 801)31
AT?: Gloria. Dunn
Dear Sirs :
This is written roue rning the up coein_ hear,ins on case
number: USR-680 :85 : 2 ' which is to be reviewed by your board
on the 13th day of June 1985,
Let it be known that I am strongly in favor of the as . ansion
planned by "°;r. Se .binpaer (DOA "o:: fine ? arms ) . I have
reviewed the plan, with IT. Schabinger and feel that there is
no short or long tern roblem with hi ornoosal. We have
observed r. Sclhabir- r:r for the past year and half and found
that he is a hard diligent worker who has been trying to clean
up and improve the resent facilities to make it a more efficient
operation and also more r;ppealintr to the community.
In short, I the u si ni'C1 would I l','R i l to known that
1.1r. jchabin_'er P_:2 our full' support in _din ofierst]on o.. ,.
in his uto e .an";. '., .e Ids . Dunn , i;: t a: and your
planui n _ stuff \rill feel the s .
.)'_ilce] el „' ,
-s
y /J/
/ / ,/ // /6/J 1
•
June 10, 1985
Weld County Department of Flashing
915 10th St.
Greeley, CO 80631
AT : Gloria Dunn
Dear Sirs :
This is written concerning the up coming hearing on case
number: USR-680 :85 :24, which is to be reviewed by your board
on the 13th day of June 1985.
Let it be knows that I am strongly in favor of the expansion.
_ ,
planned by Mr. Schbin_:er (L-'= -','o._ sine Farms ) . I have
reviewed the plans with Jr. Sch binger and feel that there is
no short or long term problem with his proposal. We have
observed Mr. Schahinger for the past year and a half and found
that he is a hard diligent worker who has been trying to clean
up and improve the present facilities to make it a more efficient
operation and also more appealing to the coomunity.
In short, I the under—signed would like it to be known that
hr. Schabineer has our full support in his dairy operation and
in his future plans .- ui � �; _oil ,. hope e Na Dunn, C.f_"a ��'11? and your
planning ,staff
will �l'ec . the same ..ay,
:) nce .e1:.'
June 10, 1985
Weld County Department of Planning
915 10th St.
Greeley, CO 80631
ATT: Gloria Dunn
Dear Sirs :
This is written concerning the up coming hearing on case
number: USR-680 :85 :24, which is to be reviewed by your board
on the 13th day of June 1985 .
Let it be known that I ,m strongly in favor of the expansion
planned by Mr. Sch-:bin -;er (DBI Fox Pine Farms ) . I have
reviewed the plans with F±. Schabinger and feel that there is
no short or long term - rob] em with his proposal. ire have
observed 1 :r. Schahir -er for the past year and a half and found
that he is a hard diligent worker who has been trying to clean
up and improve the ,,repent facilities -to make it a more efficient
operation and also more appealing to the community.
In short, I the under-signed would like it to he known that
Mr. Schubinger has our full support in ';is dairy operation and
in his future plan . 1°1S Dunn, tnat you and. your
planning staff cziii '�of 11 10, 1 the same way.
G_acerely ,
la( 11
1 \y /
IC
June 10, 1985
Weld County Department of Planning
915 10th St.
Greeley, CO 80631
ATT: Gloria Dunn
Dear Sirs :
This is written concerning the up coming hearing" on case
number: USR-680 :85 :24, which is to be reviewed by your board
on the 13th day of June 1985.
Let it be known that I am strongly in favor of the e-:nansion
planned by Mr. Schabinger (D3A Fo.: Pine farms ') . I have
reviewed the plans with Mr. Schabinger and feel that there is
no short or long term nrob] em with his proposal. We have
observed Jr.= Schabinger for the past year and a half and found
that he is a hard diligent worker who has been trying to clean
up and improve the present facilities to make it a more efficient
operation and also more appealing to the community.
In short, I the uncer—signed would like it to be known that
Mr. Schabinger has our full support in Pis dairy operation orO
in his future plans. i:e hone Ms. Dunn, ta:at yap and your
planning staff will feel the same way.
Sincerely,
/
t
June 12, 1985
Weld County Department of Palnning
915 10th St.
Greeley CO 80631
Attn: Gloria Dunn
Dear Sirs:
This is written concerning the up coming hearing on case #USR-680:85:24,
which is to be reviewed by your board on the 13th day of June, 1985.
As we understand from conversations with Gloria Dunn, Mr. and Mrs.
Schabinger are already under a non-conforming use and are legally
able to have, up to and not to exceed, 100 milking cows and 50 calves
on the 15 acres they are buying from Mr. Junior Wright. This hearing
is specifically for a special use permit for buildings and sheds, etc. ,
to handle these animals. If this is the case, and it seems to be, we
will not hinder the Schabingers` in getting this permit.
Sincerely, �y
frart-1
Jean and Harvey Markham
0650 Hwy 56
Berthoud CO 80513
532-3204
Op COiO
RICHARD D. LAMM Fe0 ^` c 44 i. Jf �9c) JERIS A. DANIELSON
Governor `o - O State Engineer
\1876 s
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
June 10, 1985
Ms. Gloria Dunn
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Schabinger Special Review
NE1/4, Sec. 19, T4N, R68W
Dear Ms. Dunn:
We have reviewed the above referenced Special Review Permit application
to expand an existing dairy from fifty head of calves to one hundred head.
The application indicates water will be supplied by the Little Thompson Water
District and two existing wells. We do not object to Little Thompson Water
District serving the operation. The wells cannot be used for the cotmnercial
dairy operation unless they are augmented in accordance with the Rules and
Regulations of the South Platte basin. Our records do not indicate any wells
are augmented in this section for the proposed purpose.
Sincerely,
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/JRH:ma/4888H
cc: Jim Clark, Div. Eng.
Steve Lautenschlager
o aF7,lts5�;tAq,
1 :ill 1 ,; 1985 I
-L�
Weld Co Dlanmf9 LnmmISSi0h
‘tbi‘`' mEmoRAnDum
R A Du
ElkTo Planning Department Date 6-7-85
COLORADO From Wes Potter, Director, Health Protection Services
Subject: USR-680:85:24
Applicant will be required to design and construct lagoons
in compliance with the state guidelines for feedlot runoff
containment facilities. The state District Engineer will
review the plans for this proposal.
This office has no other problems with this proposal.
0yJJI 10 ;985
Weld Co. Planning cmmitussia
ADVANCE
LAND-USE APPLICATION
SUMMARY SHEET
June 18, 1985 Planning Commission Agenda
CASE NUMBER: USR-680:85:24
NAME: J.L. & Mary Jane Wright
c/o John W. & LaRee K. Schabinger
ADDRESS: Route 1, Box 790 Highway 56, Berthoud, CO 80513
REQUEST: Use by Special Review for a livestock confinement operation
(dairy) .
LEGAL DESCRIPTION: Pt. NE1 of Section 19, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 5 miles northwest of Mead, south of Highway 56 and
east of Weld County Road 1.
SIZE OF PARCEL: 15.039 acres, more or less.
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MAILING LIST
Wright/ Schabinger
USR-680
Surrounding Property Owners
Phil R Pennock, Jr.
East Hwy 56
Berthoud, CO 80513
J.H. Elijah
East Hwy 56
Berthoud, CO 80513
David Scheopner
East Hwy 56
Berthoud, CO 80513
Harvey Markham
East Hwy 56
Berthoud, CO 80513
Elmer Scheck
East Hwy 56
Berthoud, CO 80513
Mr. & Mrs. Workman
21167 WCR 3
Berthoud, CO 80513
Paul Davis
21167 WCR 3
Berthoud, CO 80513
Robert L. Lebsack
East Hwy 56
Berthoud, CO 80513
Frank Newcomb
20955 WCR 3
Berthoud, CO 80513
William D. Forrest
21411 WCR 3
Berthoud, CO 80513
Wilbert & Marie Koolstra
Hwy 56
Berthoud, CO 80513
MAILING LIST
Wright/Schabinger
USR-680
mineral owners
J.L. & Mary Jane Wright
P.O. Box 209
Berthoud, CO 80513
APPLICATION
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
Date Received
Ca
Nuor Mylar plat submitted
Application Checked by -Receipt Number
Application Fees_ Receipt Number
Recording Fee
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
I (we), the undersigned, hereby request hearings before the -Weld County Planning Commission and
the Weld County Board of County Commissioners concerning the proposed Special Review Permit of
the following describedunincorporated area of Weld County Colorado:
Section
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
T N, R W
LEGAL DESCRIPTION of contiguous property owned d ed upon W which Special Review Permit is
proposed: Section
Property Address (if available) - -51
ZONES
PRESENT ZONE L L.- -� OVERLAY
TOTAL ACREAGE I
PROPOSED LAND USE - �
EXISTING LAND USE -- '" .'-.1
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
— _r.- �. . - i '71't
Name: • .ss: City ..
Addre - '�" " ' "----
Business Telephone
d
Home Telephone 4��
Name _City --H
odeeTs
y• J _ Business Telephone 4F
Home Telephone i6
Name: City Zip
Aomee : Business Telephone iF
Home Telephone iF
APPLICANT OR AUTHORIZED AGENT (if different than above):
Y
AoeeTe: Business Telephone ik
Home Telephone #
List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.
--"--
Address:Name Zip
City
Address:
Name: City
Address: -�—
I hereby depose and state under the penalities of perjury that all statements, proposals and/or
plans submitted with or contained within this application are true and correct to the best of my
knowledge.
COUNTY OF WELD ) la V / _�
STATE OFCOLORADO )
gnature: Owner of uthorized Agent �
0
Subscribed and .,worn to before me thisL 19 day /'
SEAL -P LIC
p_5 / `fit °i`,r q
My commission expiirea _ _
Rt. 1 Box 790 Highway 56
Berthoud, CO 80513
April 17, 1985
Department of Planning Services
915 10th Street
Greely, CO 80631
Gentlemen :
The following is a proposal for expansion change in the use by
special permit on the following property: Ni section 19 , T4N,
R68W of the 6th PM, Weld County, Colorado ,
It is intended to expand the present facilities to better handle
one hundred (100) head of mature milking coes and fifty ( 50)
head of calves in which it is presently zoned for.
The present aging facilities are incapable and inadequate in
holding the present animals. The need for the increase in facilities
is also justifiable so that one to two people can minimize their
efforts while maximizing their income.
Properties surrounding are all of an agricultural nature. To the
east of the property is a Thoroughbred breeding farm with residence.
To the south is irrigated crop land. To the immediate west,
pasture land with residence. To the far west, established dairy
with residence. To the north subirrigated pasture and crop land
with residence. To the northeast, , existing dairy operation with
residence.
Distances from residential structures are as follows : to the east
approximately 200 feet, to the south no residence (until approx—
imately one mile) , to the west (with the proposed expansion)
approximately 275 feet, and to the north approximately 2, 000 feet.
The maximum -number of buyers and/or users shall be but one ,
ourselves as a family business.
The number of proposed employe s shal be two with a total of
three shifts lasting eight hours each.
Water will be supplied by the Little Thompson Water District
and two existing wells.
Rt. 1 Box 790 Hwy. 56 Pg. 2
An eighteen foot wide driveway will be the sole access road
with room provided to handle large trucks.
The main flow of traffic will he milk trucks with a gross of
50, 000 lbs. and a frequency of every other day pickup, feed
trucks, hay trucks, and -supply trucks.
The lagoon system is presently being used and will be continued
in use.
Fire protection will be handled by the Berthoud Fire Department.
All animals on this location will be breeding animals, also a
constant milking herd will be maintained as already applies.
Liquad waste shall be handled in the present lagoon system and
solid waste will be stockpiled on the south end until hauled in
the fall.
Natural retention of storm water will be the first line of
retention aided by reverse tilt concrete feed bunks.
The removal of old sheds and old corral fences will occur within
a period of eighteen months. All of these structures are wood
and rotten, and they shall he disposed and replaced in an
adequate manner.
Landscaping would entail a wind break of trees to the west
which would handle all wind erosion and provide privacy. Water
erosion is and will stay at a none existent level due to minimum
slope.
All north corrals to be completed by the summer of 1986. The
south corral to be completed by the summer of 1990 as is the
hay shed, feed storage shed, and loafing -sheds.
All the above proposals are in accordance with the agricultural
use of Weld County and the surrounding community which already
has five existing dairies within a one mile radius of this
location. By extending the south portion of this farm it will
allow the cows to have : an adequate lounging area, ample eating
space, and less concentration of animals per space which will
spread out solid waste lessening corral maintenance and erosion.
New high tensity corrals will lessen the frequency of uncorraled
cows than the existing old and rotten corrals because, it will
create a safer working envirnment. Also with larger corrals,
the less dense cow population per area will help keep pest
population in check.
As for expanding these corrals and reducing the crop area, at
present, the existing nine acres will not produce enough feed
of zany sort to support a herd of one hundred mature milking cows.
Rt. 1 Box 790 Hwy. 55 Pg. 3
It seems as though the best use for this land would be to
safely house and care for the cows, and then buy feed from
local crop farmers, thus stimulating the local agricultural
economy as well as creating two full time jobs in the local
community.
S' rely, L
a/. tvinact-KVI
John W. Sc abinger
LaRee K. Schabinger
4:-.-C1 ----
4 _ /
j001C Recorded at_ _li ¢1p�k M., __lulu_—��9� MsafED
1� .fi1�6 PIN src...o—Gorda.
693 Reception No_._.....-.., __._._____.
r q)_ RECORDER'S STAMP
THIS DEED, Made this 6th day of June
19 73,between
JUNIOR L. WRIGHT and MARY JANE WRIGHT
of the County of Weld and State of
Colorado,of the first part,and
JUNIOR I.. WRIGHT and MARY JANE WRIGHT
of theCounty of Weld and State of Colorado,of the second part:
WITNESSETH,that the said part ies of the first part,for and in consideration of the sum of
** TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ** • BOBAAR*
to the said part ies of the first part inhand paid by the said parties of the second part, the receipt whereof is II
hereby confessed and acknowledged, ha ve granted,bargained,sold and conveyed,and by these presents do
grant,bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever,not
• in tenancy in common but in joint tenancy,all the following described lot or parcel of land, situate, lying and
being in the County of Weld and State of Colorado,to wit:
-
J All that portion of the North Half of the Northeast Quarter of Section 19 , Township 4
North, Range 68 West ofthe 6th P.M. , in the County of Weld, State of Colorado, more
ng e st ne' t' of saidl Sections 19iasd bearing lNorth 0003iO3riEasthandawithiallobearingsf the r theast Quarter
as contained herein
relative thereto; beginning at the East Quarter corner of said Section 19 ; thence along
the East line of said Section 19 North 0°03'03" East 1326.95 feet to the South line of
the North Half of the.Northeast Quarter of said Section 19 ; thence along saidSouth line
South 89°08'58" West 642.82 feet to the True Point
thence North thnc feet more or lo
t of
Beginning; continuing
said South line South 89°08'58" West 329.93 feet;
to the North line of said Section 19 ; thence along said North line North 88°57 '03" East
329.95 feet mre or les to bears outh and gh he ue nt Beginning; thence alonge said alinee South h1324.70Sfeet more passes
orlesshtouthetTruerPoint i of
of
Beginning.
and
All that portion of the North Half of the Northeast Quarter of Section 19, Township
4 North, Range 68 West of the 6th Principal Meridian in the County of Weld, state
of Colorado more particularly described as follows: Considering the East line of
the Northeast Quarter of said Section 19 as bearing North 0°03'03"
03 03 East and with
Nall bearings contained herein relative thereto: Beginning at the East Quarter
corner of said Section 19; thence along the East line of said Section Section 19
North 0'03'03" East 1326.95 feet to the South line of the North Half of the North-
east Quarter of said Section 19; thence along said South Line South 89°08'58"
West 972.75 feet to the true point of beginning; thence continuing along said
South line South 89°08'58" West 164.96 feet; thence
North
22. 9 feet
eet line North
thence
less to the North line of said Section 19; along said North
88°57'03" East 164.97 feet more or lees to a line which bears South and passes
through the true point of beginning; thence along said line South 1323.56 feet
more or less to the true point of beginning.
j .
l [SEAL?
j.
Signed. _../:..L:C.!1,.:..i..C--:L-�,1._...�t!r�.
..-.--- 1
Sealed and Delivered in the Presence of /Junior L. Wright
'-ac
:may....:-mot-i�_:.:4� / [SEAL]
Mary lane Wright
[SEAL]
STATE OF COLORADO, }Es.
County ofLarimer
The fir.e6Rarinstrament was admowledged before me this 6th
day of June
19 74/140* 3+iltter L. Wright and Mary Jane Wright
..t.
_liti aokelirea September 91974 .Witness my hand and official seal.
s � P \� l�sCl: ,, n , J: ; <l ,' t �x°,,,,Pawk• nue Awn DEED—To Joint Teuant°.—Bradford Publishing Co..182416 Stout Street,Denver.Colorado-8-78
N0.elfpersons bore insert name on names: it-by person acting m representative oro offlel1 ca aeitr ore u
elf -t natural person or t non. narairtg It=atatrt°ry
atrarney.ithen I then insert name of person as executor,as attorney-in-fact of or rat other r outer capacity or nmraDtloa: tf by of leer of tor-
porallon, then insertname of such officer or officers as the precedent officers ofsuch torpors
irknomledDmrnt, Sea 118-G-1 Colorado Revised Statutes 1968. _ -.
30, Welch Avenue, Berthoud, Colorado 80513
Oilic• Phone: 532-2098 Atter Hour[ Phones: 532-3347 — 532-3894
Treten.ni Plait maser
Meter No. 16149457 6-R-77
Mater Size 4/R Y 3/4
Meter Book No. 17-34
Land Owner J I Wright-PR Rnx 79, Berthoud
Tap Location 5er --4Ny--Baa9 6R
AREA I-A 321-19-4-68
John W. Schabinger
0790 East Highway 56 RESIDENCE
Berthoud, Co. 80513
L
(PLEASE RETURN TOP PORTION WITH PAYMENT) BILLING DATA
METER DATA ^
METER READ APPROXIMATELY 10 DAYS BEFORE BILLING CREDIT
DESCRIPTION CHARGES OR BALANCE
GAL. USED ►AYMENTS
PR[/[NT PREVIOUS IN QTR. INT. DATE
1 6 -1- i.
• • 11 1 11 111 •- I 'j
L
The above described property is :-rued by our District and adequ e water
is available.
it
mu Y.•UP • .10 YT' E r Y4 •
1.
L.
.
I
11
an-
PAY LAST AM
Late charges added on 10th of month following tilling. LITTLE THOMPSON WATER DISTRICT unless`marks.
j-
V
Lamy
• � May 2 , 1985
Weld County Planning Commission
C Greeley,
Colorado
OTo Whom It May Concern:
•
The Berthoud Fire Protection District reveiwed
V the "Fox Pine Farms" plans on April 29 , 1985. We have
no conflict with the proposed development.
The nearest fire hydrant to the proposed develop-
ment is located at the intersection of State Highway 56
O and County Line Road. In the event of a fire at Fox
Pine Farms , our department wouldrespond appropriately
regarding rural fires.
A pumper and tanker would respond and an initial
attack would be made with the water on board both pieces
of apparatus.
Lom If you have any questions regarding this issue,
• •..••• please don ' t hesitate to call me at 532-2264 .
Sincerely,
Stephen Charles
Inspector
OSC/skh
r
cD
275 Mountain Ave., 3errhoud, Coloroco 80513
NAMES OF OWNERS OF PROPERTY WITHIN 1/2 MILE
NAME ADDRESS, TOWN/CITY,
STATE AND ZIP CODE
Phil R. Pennock, Jr. East Hwy 56 , Berthoud, Colorado 532-2370
J.H. Elijah East Hwy 56, Berthoud, Colorado 532-3594
David Scheopner East Hwy 56, Berthoud, Colorado 532-3349
Harvey Markham East Hwy 56, Berthoud, Colorado
Elmer Scheck East Hwy 56, Berthoud, Colorado 532-3442
Mr. & Mrs. Workman 21167 Weld Co. Rd. 3, Berthoud, Colorado 532-2500
Paul Davis 21167 Weld Co. Rd. 3, Berthoud, Colorado 532-2500
Robert L. Lebsack East Hwy 56, Berthoud, Colorado 532-2522
Frank Newcomb 20955 Weld Co. Rd. 3, Berthoud, Colorado 532-4118
William D. Forrest 21411 Weld Co. Rd. 3, Berthoud, Colorado 532-3298
Wilbert & Marie Koolstra NE Corner County Line 1 & Hwy. 56, Berthoud, Colorado
532-4006
Feeding and Care
of the Horse
LON D. LEWIS DVM, PhD
Clinical Nutritionist
Department of Clinical Sciences
Colorado State University
Fort Collins, Colorado
LEA & FEBIGER 1982 Philadelphia
VlN1l.'Ii r
The first effect of inadequate water intake is decreased feed intake,
followed by decreased physical activity and ability to perform work.
Horses may have inadequate water intake if water is poorly accessible
(Fig. 1-1), frozen over, too warm, too cold, or of poor quality, or if
electric heaters with wiring problems cause the animal to be shocked
when attempting to drink.
The recommended upper safe level of water contaminates is given
in Tables 1-1 and 1-2. The amount of total dissolved solids (TDS), as
given in Table 1-2,provides_a useful overall index to the suitability of
a water supply for livestock use. TDS is the single most reliable
parameter by which water quality can be evaluated. However, con-
taminates in excess of those given in Table 1-1 may also make the
water unsuitable for animal consumption,at least over any long period
of time. Some species of blue-green algae, which grow on water, may
TABLE 1-1
UPPER SAFE LEVEL OF WATER CONTAMINATES RECOMMENDED"
Upper Safe Level Recommended'
Contaminate
Arsenic 0.25
Cadmium 500
Calcium 3000
Chloride1
Chromium 1t
Copper 6
Fluoride 6
Hardness 0.3
200
Iron 0.3
Lead 0,1
Magnesium 0.01
125
Mercury 0001
Nitrate 6.0 to 8.5
PH 1400
Potassium 105
Selenium 2500
Sodium 250
Sulfate 6500
Total Dissolved Solids (TDS) (See Table 1-2) 15II
Zinc
'All values are given-in parts of contaminate per million parts of water (ppm), except
selenium, which is in partss-per billion (ppb), and pH. For conversion to other units, see
Appendix Table 8.
tMore copper than this isn't toxic but causes a bad taste.
tHigh nitrate levels in water occur most commonly-as a result of fecal contamination (see
Chapter 4). Excessive bacteria may be present in high-nitrate-containing water.
-§Although chronic selenium
belowyl0 are been reported
epri as a consideret d toxf n(umption of water
containing 0.5 to v 2 ppb,
electrolysis, releasing zincccur from the re galvlvanized pipes are anizedcpipes into the water.d to copper.This results in
032
4 Nutrients
TABLE 1-2
A GUIDE TO THE SUITABILITY OF WATER FOR LIVESTOCK'y
TDS (ppm)*
Suitability and Effect
1000-3000 Satisfactory for all livestock and poultr
y. May cause mildiarrhea in livestock not accustomed to it, but shouldd and temporary
not affect their
health or performance.
3000-3000 Should be satisfactory for livestock, although it might cause temporary
diarrhea, or he refused at first by animals not accustomed to it.
5000-7000 Can_be used with reasonable safety for livestock. May be well to avoid
water approaching the-higher level for pregnant or lactating animals.
7000-10,000 Unfit for poultry and swine.Considerable risk may exist in using this water
fur pregnant, lactating,or young animals, or for any animals subjected to
heavy heat stress or water loss. In general,the use of this water should be
avoided, although animals other than those described above may subsist
on it for long periods.
Over 10,000 Not recommended for use for any animal under any conditions.
'Total dissolved solids, total soluble salts-or salinity in the water in ppm or mg/L.
result in poisoning, therefore, water with heavy algae growth should
be avoided.
The total dissolved solids value is the sum of the concentration of all
constituents dissolved in water. The term "salinity" as applied to
fresh water is often used synonymously with TDS. Another term used
to describe water quality is total alkalinity. It is not as good an indication of water quality as is TDS. Total alkalinity is the sum of the
alkali metals, which are primarily sodium and potassium, but may also
include lithium, rubidium, cesium, and francium. The hydroxides of
these metals are akaline, i.e. in water they neutralize acids. The total
alkalinity of water is always less than that water's TDS or salinity,
since TDS and salinity include the sum of the concentration of all
constituents dissolved in water, and total alkalinity includes only the
sum of the alkali metals. Salinity and TDS should not be confused
with hardness. Highly saline waters may contain low levels of the
cations. responsible for hardness. Water "hardness" indicates the
tendency of water to precipitate soap or to form a scale on heated
surfaces. Hardness is generally expressed-as the sum of calcium and
magnesium -reported in equivalent amounts of calcium carbonate.
Other cations, such as strontium, iron, aluminum, zinc, and man-
ganese,also contribute to hardness. Hard water containing high levels
of calcium and magnesium has been implicated as a cause of urinary
calculi, because these minerals are important components of the
calculi. However, numerous studies refute this.
ion
by it, is the fungus involved. Selenium supplementation during
pregnancy to mares grazing fescue pasture appears to be beneficial in
decreasing fescue toxicity.97
NITRATE TOXICITY
The nitrate levels for feed and water given in Table 4-2 are
considered safe for ruminants. Horses are less susceptible to nitrate
toxicity than are ruminants, but-for safety's sake it is recommended
that horses' feed and water not contain greater than these amounts.
Roughages containing less than 1% (10,000 ppm) nitrate in their dry
matter content are generally considered safe if the animal is receiving
a good ration and is in good condition nutritionally. It is recom-
mended, however, that the total ration for either horses or ruminants
contain a maximum of one half this amount. Roughages containing
greater than 0.5% (5000 ppm) nitrate (NO3) should be fed -with a
sufficient quantity of cereal grain so the total ration contains less than
this amount (Table 4-2). Nitrate content of feeds is routinely deter-
mined ill most feed analysis laboratories. The amount present is
reported in a number of ways, and can be converted to nitrate content
as shown in Appendix Table 8.
Intake of excessive amounts of nitrates may result in acute toxicity.
Ingested nitrates are converted to nitrites. Nitrites are absorbed, and
convert blood hemoglobin to methemoglobin. This compound pre-
vents the blood from picking-up oxygen from the lungs, which gives
TABLE 4-2
METHODS OF CALCULATING RATIONS FOR FEEDING -ROUGHAGES
HIGH IN NITRATES SO THAT THE TOTAL RATION CONTAINS 0.5% OR
LESS NITRATE
Roughage Grain
Nitrate Maximum % of total Minimum % of:total
I%) ration eaten ration eaten'
0.5 100
0
0/5 0.5 = 0/5 = 67
100 — 67 = 33
1.0 0.5 + 1.0 = 50
100 — 50 = 50
1.25 0.5 + 1.25 = 40
100 — 40 = 60
1.5 Don't feed, since it would require feeding too much grain.
'The total amount of feed the horse eats-daily is shown in Appendix Table 2. Example: A
1000 lb(454 kg)mature horse at rest will eat 15 lbs(6.8 kgs)of feed daily(1.5% x 1000 lbs).If
the roughage contains 0.75% nitrate,5 lbs(2.3 kgs)of grain daily should be fed(33% x 15 Ibs,
or 33% x 6.8 kgs).
Zf0"los 'S0L 032
d£0 109. BOL,032
Problems Associated with Feeding 107
the blood a chocolate-brown color. To observe this,put a spot of blood
on white paper and watch for one to two minutes; the blood may not
be chocolate-brown in color immediately upon taking it from the
animal. This condition is-referred to as acute-nitrate toxicity. Clinical
signs usually occur within one-half to four hours after excessive nitrate
ingestion. These signs include abdominal pain (colic), diarrhea, fre-
quent urination, and signs of hypoxia (inadequate oxygen). Hypoxia
causes a rapid, weak pulse, increased depth and rate of respiration,
labored breathing, incoordination, muscle tremors, weakness, and a
dark bluish tinge to body tissues (cyanosis), noted particularly on the
mucous membranes of the mouth. Nitrate toxicity as the cause of death
or of abortion may be confirmed by freezing the fluid in the eyeball
(aqueous humor)from the dead animal or aborted fetus, and sending it
to a veterinary diagnostic laboratory for nitrate analysis. Analysis of
stomach or intestinal contents is of little benefit. Nitrate toxicity or
high-nitrate levels in feed, water, serum, or aqueous humor may also
be confirmed using the following field test.
1. Prepare a stock solution.
Add 0.5 g of diphenylamine to 20 ml of water. Then add enough
concentrated sulfuric acid to bring the volume to 100 ml. Store in a
brown bottle.
2. Test plant material.
Split the stem or stalk to be tested,_and place 1 to 2 drops of the
stock solution on the split surface. The immediate appearance of a
dark blue color indicates excessive nitrate levels. Occasionally, this
may occur when excessive levels are not present, and sometimes a
black or red color may appear. If a dark blue color occurs, don't use
that feed, or have it analyzed to determine the amount of nitrate
present, so the amount of it that may be fed without causing harm can
be determined.
3. Test water, serum, or the_aqueous humor (fluid in eyeball).
Dilute one part of the stock solution with 10 parts of water. Add 1
drop of serum, aqueous humor, or the water being tested to 4 drops of
the diluted stock solution. The immediate appearance of a-dark-blue
color indicates the presence of nitrate or nitrite at levels as low as 40
ppm,and in the serum or the aqueous humor confirms the presence of
nitrate toxicity.
Acute nitrate toxicity is the only confirmed effect of excessive
nitrate intake. Abortion, reproductive problems, decreased growth
rate, and increased vitamin A requirements in horses, cattle, and
sheep have frequently been -attributed to chronic nitrate toxicity.
However, the results of numerous studies have demonstrated that the
presence of nitrates in the ration at levels lower than those necessary
to produce acute toxicity, even when ingested for prolonged periods
of time, does not cause any of these problems.
108 Problems Associated with Feeding
Acute nitrate toxicity is treated by methylene blue given intrave-
nously(5 mg/lb of body weight, or 10 mg/kg)at several-hour intervals.
Methylene blue assists in converting methemoglobin to hernglobin.
Nitrate is taken up from the soil by plants, and is utilized to form
protein. Little nitrate is found in grain,-but under certain conditions
appreciable levels are found in plant stems and stalks. Several factors
affect the level of nitrate in plants. Increasing levels of fertilizers
containing nitrogen or potassium will increase the nitrate content of
most forage crops. This does not mean that one should not fertilize.
Fertilization may greatly increase forage production. This benefit
would more than offset the increase in the forage nitrate content that
may be caused by fertilization if other conditions are favorable.
Forage nitrate content is also increased by any factor that decreases
the rate of plant growth prior to maturity. This includes drought, hot
weather, early frost, hail damage, or long periods of cloudy weather.
After these periods,a sudden change in growing conditions conducive
to plant growth results in plants taking up nitrate while converting
little of it to protein. These plants,-as well as the stubble remaining
after harvesting forage or cereal grains, may contain high levels of
nitrate. This occurs in stubble particularly if it begins to grow and its
growth is stopped by a sudden decrease in temperature.
Under adverse weather conditions, the stalks (not the grain, and
usually not the leaves) of corn, oats, wheat, barley, rye, sudan, and
fescue can contain high levels of nitrate. Weeds and some wild grasses
that are capable of nitrate accumulation include careless weed,
pigweed, lambsquarter, sunflower, bindweed, thistle, redroot,
mintweed, and many others. Most frequently grazed vegetables
capable of accumulating large amounts of nitrate include sugar beet
and turnip tops, lettuce, cabbage, potatoes, and carrots. Legumes
probably never accumulate enough nitrate to be toxic.
Excessive levels of nitrate in feeds can be prevented by (1) cutting
at later stages of maturity, (2) ensiling, which may decrease nitrate
content 40 to 60%, (3)not cutting for the first few days after a rain, and
•
(4)cutting on the afternoon or evening of a sunny day. If feeds contain
a high level of nitrate, (1) add them to the ration in small quantities
over several days, (2) feed them with the amount of grain given in
Table 4-2,(3)feed frequently,and(4)don't-feed the feedstuffs damp.
Nitrates may also be present in drinking water. The most common
source of nitrates in water is from fecally-polluted surface of subsur-
face water. High nitrate levels are therefore more common in
shallow-well water. Although nitrate toxicity is unlikely when using
water containing less than 400 ppm nitrate (assuming that-a good
ration low in-nitrates is fed),water should not be used if it-contains
more than 200 ppm nitrate.
References 179
79. Nutrients and Toxic Substances in Water for Livestock and Poultry.
Washington, U.C., National Academy of Sciences, 1974, pp. 1-93.
80. Maylin,G.A., Rubin, D. S.,and Lein, D. H.: Selenium and vitamin E in
horses. Cornell Vet., 70:272-289, 1980.
81. Basler, S. E., and Holtan, D. W.: Factors affecting selenium levels in
horses throughout Oregon and influence of selenium levels on disease
incidence. J. Science (Abstract), 1981.
82. Blackmore, D. J., Wilett, K., and Agness, D.: Selenium and gamma-
glutamyl transferase activity in the serum of thoroughbreds. Res. Vet.
Sci.,26:76-80, 1979.
83. Stowe, H. D.: Serum selenium and related parameters of normally and
experimentally fed horses. J. Nutrition,93:60-64, 1967.
84. Caple, I. W., et al.: Blood glutathione peroxidase activity in horses in
relation to muscular dystrophy and selenium in nutrition. Aust. Vet. J.,
54:57, 1978.
85. Messer, N.T.:Tibiotarsal effusion associated with chronic zinc intoxication
in three horses. J. Am. Vet. Med. Assoc., 178:294-297, 1981.
86. Copper: Medical and Biologic Effects of Environmental Pollutants.
Washington, D.C., National Academy of Sciences, 1977, pp. 1-115.
87. Underwood, E.J.: Trace Elements in Human and Animal Nutrition. 3rd
Ed. New York, Academic Press, 1971, p. 82.
88. Smith, J. D., Jordan, R. M., and Nelson, M. L.: Tolerance of ponies to
high levels of dietary copper. J. Anim. Sci.,41:1645, 1975.
89. Carberry, J. T.: Osteodysgenesis in a foal associated with copper
deficiency. NZ Vet. J.,26:279, 1978.
90. Egan, D. A.,and Murrin, M. P.: Copper responsive osteodysgenesis mita
thoroughbred foal. Irish Vet. J.,27:61-62, 1973.
91. Stowe, H. D.: Effects of age and impending parturition upon serum
copper of thoroughbred mares. J. Nutr.,95:179-183, 1968.
92. Wagenaar, G.: Iron dextran administration to horses. Tijdschr.
Diergeneeskd,100:562-563, 1975.
93. Donoghue,S.,Kronfeld,D. S.,Berkowitz,S.J.,_and Copp,R. L.: Vitamin
A nutrition of the equine: growth, serum biochemistry and hematology.
J. Nutr., 111:365-374, 1981.
94. Haeger, K.: Long-time treatment of intermittent claudication with vita-
min E. Am. J. Clin. Nutr.,27:1179-1181, 1974.
95. Romanovschi, S., Popescu, F., Suciu, T., and Brumboiu, M.: Economic
rations for young horses in training. Lucrarile Stiintifice al Institutului
de Cercetari pentru Nutritie Animala, 1:367-376, 1972.
96. United States Department of Agriculture: The official United States
Standards for Grain. Dec., 1975.
97. Heimann, E.: Selenium in Pregnant Mares Grazing Fescue Pastures.
M.S. Thesis, Univ. of Missouri, Columbia, MO, 1980.
98. Garrett, Larry: Reproductive Problems in Pregnant Mares Grazing
Fescue Pastures. M.S. Thesis, Univ. of Missouri, Columbia, MO, 1979.
99. Emiola,L.,and O'Shea,J. P.: Effects of physical activity and nutrition on
bone density measured by radiographic techniques. Nutr. Rep, Int.,
17:669-681, 1978.
100. Bell, R. R., Tzeng, D. Y., and Draper, H. H.: Long-term effects of
calcium,phosphorus and forced exercise on the bones of mature mice.J.
Nutr., 110:1161-1168, 1980.
101. Glade,M.J.,etal.: Growth Suppression and Osteochondrosis Dissecans
in Weanlings Treated with Dexamethasone. Proc. American Assoc.
Equine Pract. Ann. Meeting, 1979, pp. 361-365.
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