HomeMy WebLinkAbout20122322.tiff 1 8 6 1 2 0 1 1 LAND USE APPLICATION
SUMMARY SHEET
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WELL O NTY
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Planner: Michelle Martin Hearing Date: August 21, 2012
Case Number: USR12-0034
Applicant: BB Colorado Holdings LLC
Representative:Tim Naylor with AGPROfessionals
4350 Highway 66, Longmont CO 80504
Request: A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a Livestock Confinement Operation (8,000 head
dairy) and one single family dwelling unit per lot other than those permitted under Section 23-3-
20.A above (a second single family dwelling) in the A(Agricultural) Zone District.
Legal
Description: Part of the NE4 of Section 22, T2N, R67W of the 6th P.M., Weld County, CO
• Location: South of and adjacent to County Road 20 and west of and adjacent to County Road 21
Size of Parcel: 148 Acres +/- Parcel No. 1311 22 000013
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 referral responses with comments from the following
agencies:
➢ Weld County Department of Public Health and Environment, referral dated 7/2/2012
➢ State of Colorado, Division of Water Resources, referral dated 6/18/2012
➢ Weld County Department of Building Inspection, referral dated 7/5/2012
➢ Weld County Department of Public Works, referral dated 7/6/2012
➢ Fort Lupton Fire Protection District, referral dated 7/2/2012
➢ City of Fort Lupton, referral dated 7/2/2012
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
➢ Weld County Zoning Compliance, referral dated 6/4/2012
➢ Colorado Parks and Wildlife, referral dated 6/6/2012
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Sheriffs Office
• ➢ Weld County Extension Office
➢ State of Colorado Department of Health
BB Colorado Holdings LLC
USR12-0034,page 1
doia—a 3aa
• ➢ USDA
➢ Town of Firestone
➢ Town of Frederick
➢ Platte Valley Soil Conservation District
➢ School District RE-8
➢ Public Service of Colorado
➢ Central Weld County Water District
•
•
BB Colorado Holdings LLC
USR12-0034,page 2
• I 8 6 I - 2 0 1 1 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WEL'1' O NTY
u
Planner: Michelle Martin Hearing Date: August 21, 2012
Case Number: USR12-0034
Applicant: BB Colorado Holdings LLC
Representative:Tim Naylor with AGPROfessionals
4350 Highway 66, Longmont CO 80504
Request: A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a Livestock Confinement Operation (8,000 head
dairy) and one single family dwelling unit per lot other than those permitted under Section 23-3-
20.A above (a second single family dwelling) in the A(Agricultural) Zone District.
Legal
. Description: Part of the NE4 of Section 22, T2N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 20 and west of and adjacent to County Road 21
Size of Parcel: 148 Acres +/- Parcel No. 1311 22 000013
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 A.Goal 1. states "Respect and encourage the continuation of agricultural land
uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture."
Section 22-2-20 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."
The applicant is proposing an 8,000 head dairy on a property that was previously used as a
•
poultry facility. There is not an existing Use by Special Review Permit(USR) on the site. The
applicant is proposing to demolish the existing poultry facilities and erect a dairy parlor, hospital
BB Colorado Holdings LLC
USR12-0034,page 3
barn, commodity barn, shop, hay barns, waste water storage ponds and livestock pens. The
• Department of Planning Services is requiring a Landscape and Screening Plan and a Lighting
Plan be submitted to address the impacts from this dairy facility on neighboring properties and
rights-of-way.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural (A) Zone
District. Sections 23-3-40.6.16 and 23-3-40.M of the Weld County Code allows for, A Site
Specific Development Plan and Use by Special Review Permit for Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a livestock confinement operation (8,000 head dairy)
and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A
above (a second single family dwelling) 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 facility is located in an agricultural area on a parcel containing many improvements
including several poultry sheds, many poultry cages(screened houses), some outbuildings
and two single family residences. Surrounding properties to the north, south and west are
mainly utilized for grazing of livestock and irrigated crop production. Adjacent properties to
the east are mainly utilized for residential purposes. Also in the adjacent area are the
following Use by Special Review's: SUP-62 for a Turkey Farm, USR-1184 for an equine
breeding, boarding and training facility and USR-1063 fora 24" gas line. The nearest
residence is approximately 33 feet away from the property in question. The Weld County
Department of Planning Services has received one letter from a surrounding property owner
expressing their concerns on the following: odor, property values declining, dust, and road
base for the county roads. As a condition of approval the applicant is required to submit a
• screening and lighting plan to help mitigate the neighbors concerns. The Development
Standards will also ensure that this use will be compatible with surrounding land uses.
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 located within the 3-mile referral for the City of Fort Lupton and the Towns of
Firestone, and Frederick. The City of Fort Lupton in their referral dated July 2, 2012 stated,
"This property is within our 2007 Comprehensive Plan and this area is designated as
Agriculture. Fort Lupton is not opposed to the proposed commercial venture but would like to
discuss the possibility of potential annexation and development of the property through the
Fort Lupton process. Thank you for the opportunity to make comment concerning this
proposal." The Weld County Department of Planning Services has not received a referral
response from the Towns of Firestone and Frederick.
As a condition of approval the applicant will need to attempt to address the concerns of the
Town of Fort Lupton.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and Drainage Impact Fee areas.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
•
BB Colorado Holdings LLC
USR12-0034,page 4
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
• 2011-2)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The majority of proposed facility is located on soils designated as "Other" the northeast
corner of the property is designated "Prime If They Become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The property was utilized as
a poultry facility and therefore the proposed dairy USR does not take any additional farmland
out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can
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 applicant shall attempt to address the requirements of the City of Fort Lupton as
stated in their referral received July 2, 2012. Written evidence of such shall be provided
to the Department of Planning Services. (City of Fort Lupton)
B. The applicant shall enter into an Improvements Agreement and Road Maintenance
Agreement according to policy regarding collateral for improvements and post adequate
collateral for all transportation (access drive, parking areas, et cetera) and non-
transportation (fencing, screening, drainage et cetera). The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit evidence that
all the work has been completed and reviewed by the Department of Planning Services
and the Department of Public Work. (Department of Planning Services)
C. The applicant shall apply for and obtain a commercial Individual Sewage Disposal
System (I.S.D.S.) permit for disposal of sanitary wastes from plumbing fixtures for
employees and patrons of the facility. If the applicant intends to use an existing system,
the system must be evaluated and permitted in accordance with Weld County
Department of Public Health and Environment policy and all applicable provisions of the
Weld County Code pertaining to I.S.D.S. (Department of Public Health & Environment)
D. The applicant shall provide documentation by a Colorado Registered Professional
Engineer demonstrating that the impoundment meets the following requirements of
Colorado Water Quality Control Commission Regulation 81 (6 CCR 1002-81): (1)
setback from water wells, (2) impoundment liner setback from seasonal high
groundwater, (3) impoundment liner seepage rate, and (4)that a manure removal
• standard operational procedures (SOP) for the impoundment has been submitted.
(Department of Public Health & Environment)
BB Colorado Holdings LLC
USR12-0034,page 5
E. The applicant shall address the requirements of the Fort Lupton Fire Protection District as
stated in their referral received July 2, 2012. Written evidence of such shall be provided
• to the Department of Planning Services. (Fort Lupton Fire Protection District)
F. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
G. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department
of Planning Services, including location and size. Signs shall be in compliance with
Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
H. The applicant shall submit a Landscape Plan/Screening Plan to the Department of
Planning Services for review and approval. The applicant shall place"plant material" or
other acceptable screening material to mitigate the impacts of the facility from adjacent
properties, more specifically screening the compost area, south pond, east pond and
silage piles from adjacent properties owners and public rights of way. Upon approval, the
Landscape and Screening Plan shall be placed on the plat. (Department of Planning
Services)
The applicant shall submit a Lighting Plan to the Department of Planning Services for
review and approval. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
• 1) All sheets of the plat shall be labeled USR12-0034. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show the approved access points on the plat and label them with the Access
Permit number(will be provided). (Department of Public Works)
5) Access improvements are required and shall include 60 foot radiuses to
accommodate turning trucks and double cattle guards across the main access to
prevent the tracking of mud onto the gravel roadway. (Department of Public
Works)
6) County Roads 21 and 20 are designated on the Weld County Road Classification
Plan as local gravel roads, which require 60 feet of right-of-way at full build out.
The applicant shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. All setbacks shall
be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
(Department of Public Works)
7) The approved location of the proposed lighting and signs. (Department of
• Planning Services)
8) The approved Landscape and Screening Plan. (Department of Planning
Services)
BB Colorado Holdings LLC
USR12-0034,page 6
9) The applicant shall delineate the trash collection areas. Section 23-3-350.H of
• the Weld County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent public
rights-of-way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
10) The location of the two existing homes. (Department of Planning Services)
11) The oil and gas location and setback radiuses for existing wellheads and tank
batteries on the site shall be indicated in accordance with Section 23-3-50.E of
the Weld County Code. (Department of Planning Services)
2. Prior to Construction:
A. In the event that 1 or more acres are disturbed during the construction and development
of this 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 Public Works)
B. If more than 1 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 CDPHE stormwater permit. (Department of Public Works)
3. 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)
• 4. Upon completion of 1. and 2. 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)
5. 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 sent to mapsCa)co.weld.co.us. (Department of Planning Services)
•
BB Colorado Holdings LLC
USR12-0034,page 7
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BB Colorado Holdings LLC
USR12-0034
1. A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a Livestock Confinement Operation (8,000 head
dairy) and one single family dwelling unit per lot other than those permitted under Section 23-3-
20.A above (a second single family dwelling) in the A(Agricultural) Zone District. (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. The facility will operate 24 hours per day. Equipment operations, trucks, farming activities and
maintenance activities, other than emergencies, will occur primarily during daylight hours.
(Department of Planning Services)
4. The total number of on-site employees shall be limited to thirty five (35). (Department of Planning
Services)
5. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). (Department of Public Health &
Environment)
6. There shall be no discharge of manure or wastewater to surface waters, unless allowed by
• Regulation 81 or by Confined Animal Feeding Operation (CAFO) Colorado Discharge Permit
issued in accordance with Regulation 61. (Department of Public Health & Environment)
7. The facility, upon being defined as a CAFO (Large CAFO 700 dairy cows), shall register as a
CAFO and compile a Facility Management Plan or obtain a CDPS CAFO Permit. (Department of
Public Health & Environment)
8. The facility shall control fugitive dust on this site and operate in accordance with their current
approved Management Plan for Nuisance Control. (Department of Public Health & Environment)
9. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld County Department
of Public Health & Environment in the event that rodents (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition.
(Department of Public Health & Environment)
10. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with their current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health & Environment in the event that flies (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition.
Additional controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly(associated with facility) complaints,
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health & Environment)
• 11. The facility shall be operated in a manner to control odors and in accordance with their approved
nuisance control plan. Odors detected off site shall not equal or exceed the level of fifteen-to-one
BB Colorado Holdings LLC
USR12-0034,page. 8
dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented at the request of the
•
Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment
of the Weld County Health Officer, there exists an odor condition requiring abatement.
(Department of Public Health & Environment)
12. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff.
The surface beneath the manure storage areas shall be of materials which are protective of State
waters. These areas shall be constructed to minimize seepage or percolation of manure
contaminated water. In no event shall the facility impact or degrade waters of the State in
violation of Regulation 81. (Department of Public Health & Environment)
13. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining to
I.S.D.S. (Department of Public Health & Environment)
14. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission
Regulations. There shall be no open burning except"agricultural open burning" as defined by
Colorado Air Quality Control Commission's Regulation 9. (Department of Public Health &
Environment)
15. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), 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 & Environment)
16. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
17. Composting operations shall comply with Section 14 (Composting) of the Regulations Pertaining
to Solid Waste Sites and Facilities (6 CCR 1007-2). (Department of Public Health &
Environment)
18. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility. (Department of Public Health & Environment)
19. If applicable, the applicant shall obtain stormwater discharge permit coverage for construction
activities from the Colorado Dept. of Public Health & Environment, Water Quality Control Division.
(Department of Public Health & Environment)
20. 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)
21. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it 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)
•
22. Weld County is not responsible for the maintenance of onsite drainage related features.
BB Colorado Holdings LLC
USR12-0034,page. 9
(Department of Public Works)
• 23. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties; and
Neither 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)
25. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
26. Effective April 25, 2011, Building Permits issued on the proposed lots, 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)
27. 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)
28. 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)
29. 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)
• 30. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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 Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
31. The SpecialCReview 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 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)
32. 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)
33. All 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.
(Building Department)
34. Prior to the release of building permit, the applicant shall submit evidence of approval from the
• Fort Lupton Fire Protection District to the Weld County Building Department.
BB Colorado Holdings LLC
USR12-0034,page. 10
35. 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 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.
•
BB Colorado Holdings LLC
USR12-0034,page. 11
• 1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
' �� WEBSITE:www.co.weld.co.us
—, L. r ' E-MAIL: mmartin@co.weld.co.us
PHONE: (970)353-6100, Ext. 3571
2- COUNTY
FAX: (970)304-6498
July 11, 2012
Tim Naylor
AGPROfessionals, LLC
4350 Hwy 66
Longmont, CO 80504
Subject: USR12-0034 - A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a livestock confinement operation (8,000 head
dairy) and one single family dwelling unit per lot other than those permitted under Section 23-3-20.A
above(a second single family dwelling)in the A(Agricultural)Zone District.
On parcel(s)of land described as:
NE4 SECTION 22, T2N, R67W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 21, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 5,
• 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.weldcou ntypla n n ingcases.orq
If you have any questions concerning this matter, please call.
Resoectfullv.
i� /i Digitally signed ay Krthor neof Ra dlom
/N///j Reason:I am the author of this document
Location:1555 N 17th Ave
Date:2012.07.11 13:27:42-0600'
Michelle Martin
• Planner
• 1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
(. ) _ ' WEBSITE:www.co.weld.co.us
r , E-MAIL: mmartin@co.weld.co.us
PHONE: (970)353-6100, Ext. 3571
COUNTY
Q U N 7? FAX: (970)304-6498
June 4, 2012
Tim Naylor
AGPROfessionals, LLC
4350 Hwy 66
Longmont, CO 80504
Subject: USR12-0034 - A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including a livestock confinement operation (8,000 head
dairy)in the A(Agricultural)Zone District.
On parcel(s)of land described as:
NE4 SECTION 22, T2N, R67W 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Firestone at Phone Number 303-833-3291
Fort Lupton at Phone Number 303-857-6694
Frederick at Phone Number 720-382-5500
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
a i JAndiult Reason:l am the author of this document
Location:1555 N 17th Ave
Date:201206.04 08:39:55-06'00'
Michelle Martin
Planner
•
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