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HomeMy WebLinkAbout982620.tiff R O P = -1NC. Weld County Planning Dept. !PP VIIIIFF G ni i 199$ rio ,CeR IVELI "Crop Care By Air" To Whom it May Concern: This correspondence is in response to the notice that we received from your office that was dated September 14, 1998, regarding case number Z-516. My company is engaged in the business of aerial application of crop protection products in Weld, Larimer and Morgan counties. We have been operating continuously from our current location of 21532 Weld County Road 72 since 1980. The airstrip that we own and fly from has existed since approximately 1946. We intend to continue to operate this aerial application service for the forseeable future. Our company employs six full time employees. We are opposed to the change of zoning proposal on the property adjacent to ours. We do not have anything personally against the Sutters. In fact, they are customers that we serve in our business, and they have been good to work with. We do not feel that this zoning change would be in the best interests of either our company or other landowners in the vicinity of the Sutlers' property, as it will have a negative impact on agriculture nearby. We are very concerned about the high number of houses that are being built throughout the agricultural areas in Weld County. Each new home presents the chance of people who are not agriculturally oriented moving into the country. Many of these people do not understand what goes on in an agricultural community to make it work. When farmers work at odd hours and their equipment makes noise, these people complain. When these people fuid out that crops cannot be grown without the use of crop protection products, they complain, because they do not want to be near chemicals. Each time a new house is built in an agricultural area, a new area of buffers must be maintained by a company such as ours, in order to protect the grower and ourselves from lawsuits that might arise if a crop protection product should accidentally get onto someone else's property. If this rural development is not stopped soon, there are going to be more and more acres of crops that can no longer be treated for pests by air at all, because by the time you leave the necessary buffer zones all around, there is nothing left to spray. Our company has given up treating thousands of acres of agricultural lands over the past ten years, especially in the Fort Collins, Loveland, and Berthoud areas because of rural development. The risk of problems becomes too great and the only prudent thing to do is to abandon the grower, and let him try to find some other way to protect his crops, which is sometimes impossible for him to do. We receive noise complaints, odor complaints, and other complaints that are almost beyond belief Many of these people want agriculture stopped. They do not understand that almost everything they eat, drink, wear, or use comes from agriculture, and the number of people who are actively lighting to preserve agriculture for all is much too small to have a significant effect on educating the others. We simply believe that measures must be taken to preserve Weld County's agricultural areas and the people who work in agriculture before it is too late, and preventing the development of these areas for uses other than agriculture is the best place to start. Thank you for your attention in this matter. Sincerely, /t Dana Gustafson, President Crop Air, Inc. P.O. Box 266 Eaton, Colorado 80615 982620 (970)454-2939 -1t '1/21(k) J?,(:�z,2?c Win, cue— ,7LCl ' 81,--1--L-4---' (e/14,4_,.-7 S eft;-V Lz. a� t -7 , ' ;44- Z.--.57 /L 7 1( ,2 J `ti.,. et r- Til.t. <4- f ,. 1-%vt.; L. L i- t(r) )u l' t. /. 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Hl LL;id� �ltt tZ (✓ (`' pc,t. eld County Planning Dept. 0CT 16 1998 RECEIVED _IT.,;,. , Avery Farms Weld County Planning c/o: John and Jim Sutter g Dept. 800 Hawkstone Drive, #27 Eaton, CO 80615 OCT 1 9 1998 Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) 11�1ec yC�..'■ Fax: (970) 454-2594 �� VED October 15, 1998 Ms. Sheri Lokman, Current Planner Weld County Planning Department 1400 I!7th Avenue Greeley, CO 80631 Dear Ms. Lokman, Thank you for forwarding us the letters you have received from various interested parties with regard to the proposed Avery Acres Planned Unit Development. We have replied to two of these letters specifically and also sent a general letter to each of the neighboring property or mineral interest owners. We have enclosed copies of these letters for you to read. With regard to the Crop Air letter we believe that Mr. Gustafson may be confused as to where exactly the lots are going to be located on the overall property. There are already several houses closer to his airport than our houses, 2 or 3 of which have been built in the last few years. It would be unrealistic to try to restrict our right to put our land to its highest and best Oq while much other property in the area is doing that. Mr. Rggstad of the Division of Wildlife makes several good points in his letter and we will update our covenants to include his suggestions. He does suggest relocating the site of the lots father north on our property - we believe this is not wise as it would put the various types of land and topography to their highest and best use. The proposed site of the homesites is not good farmland due to its western facing slope and the soils whereas the field he proposes is much flatter and raises good crops. We will be the operators of the farm forever,we hope, and foresee no problems with the location of the homesites. We also believe that the future owners of these sites would prefer this location as it maximizes their view as well as their privacy. If you, or your colleagues at the planning department, have questions or issues with regard to our application we would be pleased to discuss them prior to our meeting in early November. Thanks jin advance for your help! Si2 cere y yo EJ. titer, I cc: Johb. Sutter "+' .1/4,Lt4. w1, nay., J4ta W an of um lINgtalUIJ }lonn9 out w0 pan to t,ottttttu0 tanning tutu faun. 'foreveriii so that is quite important to us just as it is to yourself Avery Farms c/o: John and Jim Suffer 800 Hawkstone Drive, #27 1> Eaton, CO 80615 L � Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 October 12, 1998 Mr. Dana Gustafson, President Crop Air, Inc. P_O. Box 266 Eaton, CO 80615 Dear Mr. Gustafson, We have received a copy of your letter addressed to "Whom it May Concern" and sent to the Weld County Planning Department. We are concerned by your comments regarding our proposed Planned Unit Development and would like to address them. We disagree with your conclusion that the conversion of this marginal land to its highest and best use would be detrimental to the adjacent landowners (including ourselves). We want to point out that there are already at least 5, if not 7 or 8, houses that are closer to your airport than our proposed "Avery Acres" Planned Unit Development lots will be. In fact there are at least 2 newly built homes which are significantly closer to your runway. As current laws/ordinances allowed these sites to be developed we are surprised you would consider objecting to our small project quite a way south from your airport. We are not proposing that these lots be located on the north end of our property but rather south of the small field on the east side of our property, which is adjacent to Road #72, which leads up to your airport. We hope that your letter is purely the result of some confusion as to where our proposed "Avery Acres" will be located. The world we live in keeps evolving and it is impossible to stop that. The tone of your letter sounds a bit like we want to preserve the "good old days" and not see changes or improvements from today onwards. We all know that won't happen - there will continue to be more and more people living in our country and those of us involved in Agriculture will need to learn how to co-exist with these people who are anxious to move into the country. I'm sure the crop protection business has undergone many changes since the airfield you presently operate from was started in 1946,just as the farming business we are involved in has changed. The pace of the changes we are faced with in crop protection and agriculture will likely accelerate over the coming years. The successful operators will he able to balance their interaction with the environment, their neighbors and the markets in an acceptable manner - if they fail in any of these areas they will be out of business. We have placed a "right to farm" clause in the plat and this will forever ensure that we will have the right to be agricultural producers on the land adjacent to this proposed subdivision. As the attached letter we have sent to all of our neighbors points out we plan to continue farming this land 'forever' so that is quite important to us just as it is to yourself. Page 2 - Letter to Crop Air, Inc. We believe that so long as we continue to evolve with the industry, and use best practices as they become available, that our future as agriculture producers is not threatened by the trend towards more people moving into the traditional countryside. The people will gain a better appreciation for the issues we are faced with and can help to strengthen the voice of agriculture communities such as ours rather than leave our issues to the voices of the few farmers who will be left in the future. We have always believed that it is our right to use our property as we see fit just as it is yours. Historically we have been supporters of the airfield operation you now operate and we would appreciate your respect, and support, for our right to use our property as we best see fit. The land we are planning to convert to homesites is marginal farmland and has beautiful views of the Colorado Rockies to the west. We believe that by converting this marginal farmland to homesites we are taking this land to its highest and best use just as you are doing with your airfield. We strongly believe that this conversion would not have any negative impact on either ourselves, as adjacent landowners, or other adjacent landowners so long as we all operate our businesses in full compliance with all regulations and laws. We would welcome the opportunity to discuss your concerns personally. Our phone numbers are listed above and perhaps you have a regular opportunity to see my brother, John, personally. We would hope that we could persuade you to withdraw your comments from the County for the reasons listed above. Sincerely yours, Jim Sutter cc: John Sutter Avery Farms c/o: John and Jim Sutter � 800 Hawkstone Drive, #27 C� � i�— Eaton, CO 80615 /J Phone: (970) 454-3322 (John) Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 October 14, 1998 Mr. Larry Rogstad, District Wildlife Manager 1528-28th Avenue Court Greeley, CO 80631 Dear Mr. Rogstad, We have received a copy of your letter addressed to Sheri Lockman, Planner with regard to the Avery Farm change of zone request. Thank you for efforts and we appreciate the thoroughness of your reply and will incorporate several of your suggestions into the covenants. I lowever we also note a few comments in your letter which we believe should be changed after we provide you with some clarification. Attached to this note is a copy of the letter we have sent to all the adjoining property owners explaining what we are doing - you will note it explains that we plan to keep the adjoining farmland in our family "forever" and therefore we are quite interested ourselves in seeing this subdivision turn out to be a success with no negative impacts on the environment. -Your letter states: "However, the alfalfa could be easily rehabilitated or plowed and planted to alternative irrigated crop." We have farmed this land for many years - this field is easily erodable when planted to row crops and very difficult to irrigate due to its slope and the nature of the soils. If it was planted to a traditional row crop then it would be very likely to have wind erosion either during the growing season or in the windy winter season. This land is far from ideal farm ground and we believe that it will be put to its best and highest use by allowing folks to enjoy the beautiful views to the west and the tranquillity of the location. -Your letter states: "Lone Tree Creek has flooded on several occasions during my seventeen years on this district. I have seen WCR #43 in this vicinity barricaded on more than one occasion because of high water at this site." It should first be noted that the land we are considering for homesites is on a hillside well above any risk of flood water. Secondly, it should be pointed out that while the Lone Tree Creek has had some high water over the last 50 years the last major flood was in 1965, which didn't wash out any of the bridges on WCR #43, and floods since that time may have caused a little high water but no significant damage to the road. -Your letter discusses the idea of moving the proposed homesites to the north boundary of the property. This would not be the best and highest use of land as the field in the northeast corner of the property is good agricultural land, and it does not enjoy such good views to the west. Therefore we believe that the potential problems for the operators of the farm (which Page 2 - Letter to Larry Rogstad, District Wildlife Manager is ourselves -and we hope it will be that way forever)are well worth the allocation of good farmland to farming, and good homesite land to homesites. You also suggested that we access the proposed homesites off WCR #72 rather than WCR #43. We also had that idea and discussed the same with representatives from the Weld County Roads department. We learned that WCR #72 is not a fully maintained county roadway and it was their preference that we take the access off WCR#43. We would not be opposed to changing to the WCR#72 access and keeping the lots in their proposed location but we do not believe that the Road department would be in favor of same. We will amend the covenants to include the grasses and trees that you suggest. We are a hit curious though about your comments as to not allowing Russian Olive or Siberian Elm on this site. We are talking about a hillside and 1 can still recall from my days in 4-H of planting a Russian Olive windbreak on a hillside north of the feedlot my family operated - we would be interested in some more information as to why they should not be allowed on this hillside site. Before finalizing the covenants we will contact you on this point. Your comments with regard to livestock are very practical and we will amend the covenants in this area, too. We will suggest to the developers that they purchase ditchwater rights for each property. It is sad to think that there are people who steal ditchwater but I suppose that is possible in today's society. Your suggestion about hometrash being "contained in raccoon proof containers" is an excellent one and we will also amend the covenants in this regard, too. Thanks again for your detailed comments. Sincerely yours, Jim Sutter cc: John Sutter Avery Farms c/o: John and Jim Sutter 800 Hawkstone Drive, #27 Eaton, CO 80615 /J Phone: (970) 454-3322 (John) 1 Phone: (312) 831-2040 (Jim) Fax: (970) 454-2594 October 9, 1998 Dear Neighboring Landowner or Mineral Interest Holder, In the last month you should have received a letter from the Weld County Planning Commission that we have applied to create a PHD (planned unit development) allowing for 5 residential lots and 1 agricultural outlot on the Avery Farm. We wanted to give you a bit more information about this project. Our plan is not to turn the farm into a residential development. We are working with the County to get permission to develop five 2.5 acre residential lots on the hillside at the east side of the property - this is land which today is marginal farmland but we think would make beautiful homesites due to its western facing slope and the mountain views. The access would be off WCR#43 utilizing a driveway north of where the old farmyard used to be. We have been working with the Weld County Planning Department for the last year and it is finally coming to a conclusion. The covenants which would be in force forever on these lots require that the homesites be tastefully built and maintained, that the landscaping bring a return to natural grasses/plants on the lots and that there be only a minimal number of animals on each site- if any. We are calling this PUD "Avery Acres" and we want to be sure that it is something that Grandma and Grandpa Avery would be proud of. We also want to assure you that it is our intention to have the balance of this farm remain in our Family forever. We see this transfer of marginal farmland to beautiful homesites as a transfer toward highest and best use for this land. We are planning to have the ancestors of the Avery family involved in farming in this area, in a growing way, over the coming years and see this shift of assets as one means of accomplishing this. We believe that our ancestors would have been in favor of this step. If you have questions or concerns regarding this project please feel free to call either of us. Sincerely yours, John Sutter Jim Sutter CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 U TELEPHONE OFFICE FIRST INQUIRY? ❑ YES El NO DATE: 1 fr& Ic NAME: ‘J\. s 1LPXj PHONE: ADDRESS: TYPE OF INQUIRY: MHZP _ SKETCH PLAN MINOR SUB SKETCH PLAN _ ZPMH _ PRELIMINARY PLAN MINOR SUB FINAL PLAT RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION - ADDRESSING _ SE - FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP _ SETBACKS/OFFSETS _ SITE PLAN REVIEW - USR _ HOME OCCUPATION REZONING _ AMENDED USR _ VIOLATION X PUD SKETCH PLAN - USR MINING _ OTHER X PUD DISTRICT _ USR MAJOR FACILITY _ PUD FINAL PLAT _C USR DISPOSAL SITE �(�STAFF PERSON: I-A-SlC ( ITEMS DISCUSSED: r / t ^ 5-( c COltaL h.--- Mg. KA-6c:- emus- AoJ4CeN-r e2t aurti. kMS FoLuoYufILIG 0-oxiC -AlS 1- c S R C$IL)0,.,jl A L 1 TI'S Mc L tw7u1J ) A) It 6C(P A 12-at km140-1 R13 f2oPcTtPy &2AINS D. O At-50 N/} C#'C 'z jS ,3atitr L' k≤e)vteNTS 4- /L64 -5 --6/A-1 tttALI /7L eJ 4utvZ PRi>eazr f, (jai Ate/{ He c6&At a 92%141,4z stir f17maw I 9 Time Spent: S r^4 Staff Member's Initials: citizen.shl MEMORANDUM falcitaz Ii`P C SUBJECT: Avery Acres Phone message from 11/3/1998 COLORADO Mr. Bill Haydon, a mineral rights owner on the proposed site, called to go on record as opposing the proposed PUD. SERVICE,TEAMWORK,INTEGRITY,QUALITY m From: <Jim_Sutter@cargill.com> To: NORTHDOMAIN.NORTHPOST(SLOCKMAN) Date: 10/26/98 8:48pm Subject: Avery Acres PUD Proposal - Case Number Z-516 Date: October 26, 1998 TO: Sherry Lockman/Current Planner Weld County Planning Department FM: John and James Sutter/Avery Farms RE: Environmental Impacts 6.3.1.2 .1 of the Weld County Planned Unit Development Ordinance - Avery Acres PUD Proposal - Case Number Z-516 Dear Sherry, Persuant to your discussions on October 26, 1998 with John Sutter regarding our explanations on the environmental impacts of our PUD proposal we are sending you the following more detailed explanations. I hope that this E-mail format is acceptable as we understand that time is of the essence and this is the most expedient method of getting the information to you available to us. General: This PUD will consist of a large, non-buildable agricultural outlot and 5 residential lots. The 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. The residential lots will have beautiful views as they slope to the west. All residential lots will be zoned for personal residences only, there will be covenants specifying house sizes, type of fencing, ability to have animals, ability to park automobiles outside, and setting minimum landscape requirements. Environmental Impacts: Noise and Vibration: The noise from 5 residential lots will not impact the area adversely. The traffic noise would be very minor and noise during construction should not be a problem as the sites are not near existing residences. Vibration is not a concern. Smoke, Dust and Odors: Because of the restrictive covenants which will be in place smoke and odors should be minimal. There are covenants which restrict the use of the properties to residential only and also further restrict the number of livestock which may be kept on the property. Furthermore the 2.5 acre lot size should ensure that both the neighboring residences, and the outlot owner are not bothered by the development. Dust could be created by the gravel road but this will limited in nature due the limited size of the PUD. The road's location, at the western extreme of the residential lots which is the low point in altitude, should ensure that the residents are not negatively impacted Fri by any dust. Furthermore, the return to natural vegetation on the residential lots, and alongside the roadways, will limit the dust generated by wind even in dry months of the year. The road traversing the outlot will cross between 2 fields where dust will not be a negative impact. Heat, Light and Glare: We forsee no negative impact from heat, light or glare to either the new residential lots nor the agricultural outlot. The return to natural vegetation on the residential lots, and alongside the roadways, will limit the heat being radiated from the soil. Visual/Aesthetic Impacts: The intent of the restrictive covenants is to assure that the project is done in good taste and that the area will be developed into a top-end, exceptional neighborhood. It is our personal intent to retain ownership of the outlot forever and, although we obviously cannot guarantee this, it will be on our minds in the next few years while the actual development work is taking place. Electrical Interference: We forsee no negative impact from electrical interference to either the new residential lots nor the agricultural outlot. Water Pollution: Each residential lot will be required to return the property to native vegetation and to build a small burm to capture run-off from rainfall. This means that less run-off will occur than historically has when this land has been flood irrigated. The agricultural outlot will have not change in its run-off system although it should be noted that we have significantly reduced the farm's run-off by the installation of a central pivot sprinkler in recent years. The septic systems on each residential lot will comply to ISDS regulations and will not adversely effect groundwater supplies. Waste Water Disposal: See previous comment on septic systems. Wetland Removal: There is not wetland associated with this project. Even though the lower part of the non-buildable agricultural outlot is in a flood plain there is not wetland present. Erosion and Sedimentation: The 15 acre site selected for the residential lots is a part of a 197 acre farm which is higher ground and cannot be economically irrigated. This land will be returned to natural vegetation, as specified in the covenants, so the limited erosion which now occurs as irrigation is done on this sloping land will cease. Furthermore windbreaks are to be constructed between the lots with the shrubs planted on the lots northern property land (running in an east-west line) which should reduce wind erosion which at times occurs during the dry, windy spring months. The vegetation and shrubs specified in the covenants was suggested by the Division of Wildlife and is suitable proposed for this area and these purposes. Sedimentation should not be an issue as the opportunity for erosion will be eliminated. As another means of ensuring there is not a problem the lower end of each lot will be shaped to catch any excess runoff from each lot. Excavating, Filling and Grading: The process of building the road and shaping the lots will be carefully done to prevent erosion. The landscaping plan calls for native grasses to be planted adjacent to the roadway and along an old ditchway which will be graded. The road association will be responsible for maintaining the roadways ensuring future problems are managed by those who use the roads. Drilling, Ditching and Dredging: Drilling will be done to provide water to the lots - usual precautions and regulations will be followed to ensure that this does not cause problems. No ditching or dredging is required. Air Pollution: We forsee no negative impact from air pollution to either the new residential lots nor the agricultural outlot. The restrictive covenants will limit the use of the residential lots adequately to ensure that no air pollution is generated on that property and the agricultural outlot's use will be unchanged. By returning the 15-acre site for the residential lots to natural vegetation the air pollution from wind erosion/dust which occurs at times should be minimized. Solid Waste: Because there will very strict limitations on the number of animals which may be kept on the property the 2.5 acre lot will be adequate to allow natural disposal of the small amount of waste generated. Domestic garbage/trash will be kept in raccoon proof storage containers and collected by disposal companies. Wildlife Removal: The local wildlife population should be enhanced by this development. By returning the majority of each lot to natural grasses, trees and shrubs we will be developing new habitats for wildlife versus the limited places they now have to live in an intensive agriculture environment. We are leaving significant buffer between the residential lots and the existing county roads so that the farmground will also continue to act as a habitat for existing wildlife at times of the year. Natural Vegetation Removal : As outlined above this project will actually be returning poor farmland to a more natural state. We plan to increase the natural vegetation rather than decrease it. Radiation/Radioactive Material: None in the area. Cct.ober 30, 19'43 i !;.'. : Weld County tV Department of Planning Services 1400 N . 17th Avenue t. tee ey , r.:o o r ado 0631 FROM: Cozzen ;- army_ Company '454'i WC R #4I r_at.on, Col or.:..do 80G15 This correspondence is Ic resporE;ca to tie Septembcr 14 , 193, notice regarding case number 7-~516. Co:zr;s F:.irrr:.s Company is involved in crop and livestock t`.,.: mi :rg . Our pr.opert.y is adjacent to Avery Farms on the west. side of Weld County Road #43, no. th of Weld County :load # i0 and south of Weld Cou..ty F:oad #72. Our family hat' farmed th;.s property continuously since 1';15. We: are oppo .:d to the change of ::one to PUD for five re-sidenti. l lots and one agricultural outlet . Our abjection is regarding the impact on farming in our c:ormuni ty,/cour''..y Since 19q , we have experienced the building and oc_cupanc;y of t.11 e. residential lots located adjacent to our north property line bordering Weld County l-toad #72 . l hi.s has raised our concern abut:t increased traffic, increased roaming dogs , firework threatening out buildings . trash in t nce line due to open trash dumpsters, lack of :rt der �.t.anding by neighbors regarding odd work hours, nosy machinery , ue of chemicals and relatod applications there-of , control of crop and livestock pests, weed burning , r:i.< ht.-t:.f-ways to perform our routine work , odor , the •c.bi li ty u move machinery and livestock -free y , irrigation method!. , and most importantly water right; that govern irrig.ition methods. There seems to )e subdivisions being built tar,. omly- We., understand that progress will occur , however , we. would .I i ke to see art or gari z.ed plan in place that weu '.d :aot e�'`' ;eip ard:; ze the a ntec,r i ty of Weld County 's agricultural tural O 4a-4J A r_:oz Tss„• Leon L . Golf-.n�O� O (Z Off' ' . . r 9 Hello