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Home My WebLink About20123152.tiff tY86��s I, I r ), LAND USE APPLICATION SUMMARY SHEET Case No. USR12-0039 Hearing Date: September 18, 2012 Applicant: Leon Zimbelman— Prospect Valley Grain, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment Primarily Engaged in Performing Agricultural, Animal Husbandry or Horticultural Services on a Fee or Contract Basis, including: Grain and/or Feed Elevators; Grain and Feed Sales;Commercial Grain Storage and Drying;Seed Production, Processing, Storage, Mixing, Blending and Sales and Retail and Wholesale of Products associated with the Agri-business and Agricultural uses [Prospect Valley Grain, LLC] Grain and sunflower receiving and storage facility with scalehouse, office and support and storage buildings in the A (Agricultural) zone district. Legal All SW4 Section 27, T1 N, R63W, South of the Prospect Lateral Extension of the 6th P.M., Description: Weld County, Colorado Location: North of County Road 4, East of County Road 67 Parcel #: 1477-27-0-00-009 Size of Parcel: 77.42 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comments: Or Weld County Department of Public Works, referral dated June 12, 2012 Or Weld County Department of Public Health and Environment, referral dated June 28, 2012 Or Weld County Department of Building Inspection, referral dated July 23, 2012 Or Anadarko Petroleum Corporation, referral dated September 10, 2012 The Department of Planning Services' staff has received responses from the following agencies without comments: Or Weld County Sheriff's Office, referral dated July 9, 2012 Or Weld County Code Compliance, referral dated July 10, 2012 Or State of Colorado, Division of Parks and Wildlife, referral dated July 11, 2012 Or Southeast Weld Fire Protection District, referral dated July 10, 2012 The Department of Planning Services' staff has not received responses from the following agencies: Or Adams County Planning Or Weld County School District RE-3J Or Southeast Weld Soil Conservation District USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW C; coJ ` , Case Hearing Date: September 18, 2012 Number: USR12-0039 Applicant: Leon Zimbelman— Prospect Valley Grain, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment Primarily Engaged in Performing Agricultural, Animal Husbandry or Horticultural Services on a Fee or Contract Basis, including: Grain and/or Feed Elevators; Grain and Feed Sales;Commercial Grain Storage and Drying;Seed Production, Processing, Storage, Mixing, Blending and Sales and Retail and Wholesale of Products associated with the Agri-business and Agricultural uses [Prospect Valley Grain, LLC] Grain and sunflower receiving and storage facility with scalehouse, office and support and storage buildings in the A (Agricultural) zone district. Legal All SW4 Section 27, T1 N, R63W, South of the Prospect Lateral Extension of the 6th P.M., Description: Weld County, Colorado Location: North of County Road 4, East of County Road 67 Parcel #: 1477-27-0-00-009 Size of Parcel: 77.42 +/- acres THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.B A. Goal 2. States "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." Section 22-2-20.G. A.Goal 7. States "County land use regulations should protect the individual property owner's right to request a land use change" and Section 22-2-20.G. A.Goal 7 1.A.Policy 7.1 states"County land use regulations should support commercial and industrial uses that are directly related to,or dependent upon,agriculture, to locate within the agricultural areas,when the impact to surrounding properties is minimal,or can be mitigated, and where adequate services are currently available or reasonably obtainable." Section 22-2-20.B.2 A. Policy 2.2 A.Policy 2.2 states"Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 2 when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site consists of 77.42 acres that is in agricultural production. Surrounding lands are all large tract agricultural lands, several with center pivots. The Prospect Lateral irrigation ditch is adjacent to the North. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.B allows for an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The applicant plans construction of a grain receiving and handling station specifically to receive both confection and oil sunflowers from local farmers. The sunflowers are to be dried and stored, then shipped out over time to the processor(s). The applicant will not purchase grain or sell commodities and this facility will not be a commercial grain elevator. Applicant anticipates receiving loads of sunflowers from approximately 30-40 farmers who would deliver in farm trucks and semi-tractor trailers during the harvest period of approximately October 15 through December 1. Six (6)to ten (10) loads per day would be anticipated during this time. Sunflowers would be shipped out via truck over the following six months or so as processors can receive them. Initial construction will consist of two 80,000 bushel capacity grain bins and one grain handling leg to be completed prior to the 2012 harvest As the business capacity grows in future, applicant plans to erect an additional seven 80,000 bushel bins, a truck scale, a 60 foot x 80 foot office-scale-house, a 50 foot x 120 foot storage shed, and a smaller 30 foot x 40 foot storage shed..The type of structure is similar to other farms holding grain or seed in the County. There are eleven property owners on eleven properties within 500 feet of the proposed facility. Of the eleven properties, there are three residences located within this same distance. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within three miles of a municipality,and Adams County did not return a referral indicating a conflict with their interests. E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning Services) Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on this property,"High Potential Dry Cropland, Prime if they become irrigated", however, the footprint of the facility is approximately 10 acres in area The site will be minimally disturbed for required construction. There are no plans for outside equipment storage or other facility or equipment requiring screening. USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 3 The appearance of the facility will be much like an on-farm grain storage and handling facility. The portions of the primary 10 acre site that are not utilized for structures or roads and driveways will be seeded to a native grass mix that will provide ground cover and reduce potential erosion. The remainder of the parcel will continue to be farmed as it is now, as the applicant is utilizing the property for the highest and best use. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR12-0039. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) County Road 4 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.All setbacks shall be measured from the edge of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 3) County Road 67 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 4) All parking for this site must be off street and internal and delineated on the plot plan map. (Department of Planning Services) 5) The applicant shall show the approved accesses on the plat, one off of County Road 4 and label it with the approved access permit number, (Number will be forthcoming). (Department of Public Works) 6) The applicant shall delineate the tracking control to prevent tracking of mud and debris from the site onto a County roadway. Standard tracking control for accesses onto gravel roads includes double cattle guards at the access point. (Department of Public Works) 7) The drilling windows per Rule 318A of the Colorado Oil and Gas Conservation Commission rules and regulations. (Department of Planning Services) USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 4 D. The applicant must address the requirements(concerns)of the Department of Public Works, as stated in the referral response dated August 7, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) E. The applicant must address the requirements (concerns) of Weld County Department of Building inspection, specifically address the change of use for each structure located on the property, as stated in the referral response dated July 23, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) F. The applicant shall attempt to address the requirements of the Department of Public Health and Environment, as stated in their referral response dated August 6, 2012. Evidence of approval shall be submitted in writing to the Department of Planning Services, specific to: 1. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be senttodheurter@co.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one hundred twenty (120) days from the date the Board of County Commissioners approval was signed a$50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 5 5. Prior to the Release of Building Permits: A. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. (Department of Building Inspection) B. It is required that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) C. A building permit application must be completed and two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) D. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) E. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) F. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) G. All building plans shall be submitted to the Southeast Weld Fire Protection District for review and approval prior to issue of building permits, (Department of Building Inspection) 6. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS (Prospect Valley Grain, LLC) Leon Zimbelman USR12-0039 1. The Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment Primarily Engaged in Performing Agricultural, Animal Husbandry or Horticultural Services on a Fee or Contract Basis, including: Grain and/or Feed Elevators; Grain and Feed Sales;Commercial Grain Storage and Drying;Seed Production, Processing, Storage, Mixing, Blending and Sales and Retail and Wholesale of Products associated with the Agri-business and Agricultural uses [Prospect Valley Grain, LLC] Grain and sunflower receiving and storage facility with scalehouse, office and support and storage buildings in the A(Agricultural)zone district, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Non- specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed for 2 or less full time employees(40 hour week)and seasonal uses that are utilized 6 months or less per year. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 7 when there are 2 or more full time (40 hour week) employees located on site and 1 or more part time (20 hour week) employees located on site. (Department of Public Health and Environment) 12. This application is proposing a well as its source of water at full build out. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. interior commercial use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 14. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Planning Services) 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 16. Weld County shall not be responsible for the maintenance of onsite drainage related facilities. (Department of Public Works) 17. Pursuant to Chapter 15,Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 18. There shall be no parking or staging of vehicles on the County Road. Use the on-site parking area. (Department of Public Works) 19. In the event that 1 or more acres are disturbed during the construction and development of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Planning Services) 20. If more than one acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan; a grading plan; installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved Colorado Department of Public Health and Environment stormwater permit. (Department of Planning Services) 21. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. (Department of Building Inspection) 22. It is required that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) 23. A building permit application must be completed and two complete sets of engineered plans USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 8 including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) 24. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) 25. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 26. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 27. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets;and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 28. Hours of operation are 7AM — 7PM Monday through Sunday. (Department of Planning Services) 29. The number of full-time employees associated with this facility is limited to ten (10)persons. (Department of Planning Services) 30. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning Services) 31. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 32. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 35. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 35. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 9 changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 37. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 39. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well- run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 10 major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR12-0039 PROSPECT VALLEY GRAIN LLC, PAGE 11 i a t86t i DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE:www.co.weld.co.us E-MAIL:AIL: kogle©co.weld.co.us ,�J PHONE: (970) 353-6100, Ext. 3549 C v , FAX: (970)304-6498 r August 28, 2012 KIRK GOBLE BELL 5 LAND COMPANY 710 11TH AVENUE, SUITE 107 GREELEY, CO 80631 Subject: USR12-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: GRAIN AND/OR FEED ELEVATORS; GRAIN AND FEED SALES; COMMERCIAL GRAIN STORAGE AND DRYING; SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING AND SALES AND RETAIL AND WHOLESALE OF PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE AGRI-BUSINESS AND AGRICULTURAL USES [PROSPECT VALLEY GRAIN, LLC - GRAIN AND SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALEHOUSE, OFFICE AND SUPPORT AND STORAGE BUILDINGS], IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s) of land described as: ALL SW4 SECTION 27, Ti N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 18, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 17, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases orq Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine dlom Reason:I am the author of this document Location:1555 N 17th Ave Date:2012.08.28 08:50:31-06'00' Kim Ogle Planner N DEPARTMENT OF PLANNING SERVICES t`y 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us o, PHONE: , (970) 353-6100, Ext. 3549 C V T FAX: (970) 304-6498 July 10, 2012 KIRK GOBLE BELL 5 LAND COMPANY 710 11TH AVENUE, SUITE 107 GREELEY, CO 80631 Subject: USR12-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: GRAIN AND/OR FEED ELEVATORS; GRAIN AND FEED SALES; COMMERCIAL GRAIN STORAGE AND DRYING; SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING AND SALES AND RETAIL AND WHOLESALE OF PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE AGRI-BUSINESS AND AGRICULTURAL USES [PROSPECT VALLEY GRAIN, LLC - GRAIN AND SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALEHOUSE, OFFICE AND SUPPORT AND STORAGE BUILDINGS], IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s) of land described as: ALL SW4 SECTION 27, T1 N, R63W S OF PROSPECT LAT EXC UPRR RES of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully. ' /� Digitally signed by Kristine Ranslem 'L -\/Ir._(,/'__ Reason:I am the author of this document Location:1555 N 17th Ave Date:2012.07.101039:46-06'00' Kim Ogle Planner FIELD CHECK Inspection Date: September 6, 2012 Case No. USR12-0039 Hearing Date: September 18, 2012 Applicant: Leon Zimbelman — Prospect Valley Grain, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment Primarily Engaged in Performing Agricultural, Animal Husbandry or Horticultural Services on a Fee or Contract Basis, including: Grain and/or Feed Elevators; Grain and Feed Sales; Commercial Grain Storage and Drying; Seed Production, Processing, Storage, Mixing, Blending and Sales and Retail and Wholesale of Products associated with the Agri-business and Agricultural uses [Prospect Valley Grain, LLC] Grain and sunflower receiving and storage facility with scalehouse, office and support and storage buildings in the A (Agricultural) zone district. Legal All SW4 Section 27, T1 N, R63W, South of the Prospect Lateral Extension of the 6th P.M., Description: Weld County, Colorado Location: North of County Road 4, East of County Road 67 Parcel #: 1477-27-0-00-009 Size of Parcel:77.42 +/- acres Zoning Land Use N AGRICULTURE N PLOWED FIELD E AGRICULTURE E CORN S AGRICULTURE S CORN, So. AND SE OF SITE RESIDENCE(S) W AGRICULTURE W PASTURELAND Comments: LAND IS VACANT AND IS NOT IN PRODUCTION, ENCUMBERED BY TWO IRRIGATION WELL HEADS PRESENT ON SITE AND GENERALLY LOCATED IN THE MIDDLE OF THE PROPERTY. IT IS VERY SANDY ON SITE. COUNTY ROADS 4 AND 67 ARE GRADED AND GRAVELED AND ARE LOCAL GRAVEL ROADS. PROPERTY IS RELATIVELY FLAT SOUTH OF DITCH. ONE RESIDENCE IS LOCATED SOUTH OF CR 4 IN THE SE CORNER OF THE SITE, WITH TWO OTHER RESIDENCES LOCATED SOUTH OF CR 4 AND EAST AND WEST OF CR 67. THE RESIDENCE TO THE WEST IS OWNED BY THE APPLICANT. NO VIOLATIONS NOTED Sitn:ture ❑ Access to Property n Site Distance o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello