HomeMy WebLinkAbout20123151.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced
ntroduced for passage by the Weld County Planning
P g
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0039
APPLICANT: PROSPECT VALLEY GRAIN LLC
PLANNER: KIM OGLE
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 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
LEGAL DESCRIPTION: ALL SW4 SECTION 27, T1 N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF CR 4; EAST OF CR 67.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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
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.
• EXHIBIT
RESOLUTION USR12-0039
• PROSPECT VALLEY GRAIN LLC
PAGE 2
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.
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 Planning Commission recommendation for approval is conditional upon the following:
RESOLUTION USR12-0039
• PROSPECT VALLEY GRAIN LLC
PAGE 3
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)
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:
RESOLUTION USR12-0039
PROSPECT VALLEY GRAIN LLC
PAGE 4
• 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:
A) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
B) A list of the type and volume of chemicals expected to be stored on site.
C) 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)
D) 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
sent to dheurterto'�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)
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
RESOLUTION USR12-0039
PROSPECT VALLEY GRAIN LLC
• PAGE 5
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)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
•
Jordan Jemiola
Bret Elliott
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 18, 2012.
Dated the 18`"of September, 2012.
/� Digitally signed by Kristine Ranslem
„� , l c ,/„ ,� Location:1555 N 17th Ave
�.w�� v�.r ux.�� Date:2012.09.25 08:15:04-06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
40 (Prospect Valley Grain, LLC)
Leon Zimbelman
USR12-0039
1. The Site Specific Development Plan and Use by Special Review Permit(USR-632)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 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)
S
RESOLUTION USR12-0039
PROSPECT VALLEY GRAIN LLC
•
PAGE 7
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 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)
RESOLUTION USR12-0039
•
PROSPECT VALLEY GRAIN LLC
PAGE 8
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 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.
RESOLUTION USR12-0039
PROSPECT VALLEY GRAIN LLC
• PAGE 9
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 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, sandburs, 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.
•
• Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0037 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Robert Grand.
CASE NUMBER: USR12-0039
APPLICANT: PROSPECT VALLEY GRAIN LLC
PLANNER: KIM OGLE
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 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
LEGAL DESCRIPTION: ALL SW4 SECTION 27, T1N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF CR 4; EAST OF CR 67.
• Kim Ogle, Planning Services, presented Case USR12-0039, reading the recommendation and comments into
the record. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards. In addition, Public Works and Environmental Health
presented their reports and stated that they have no concerns with this request.
Kirk Goble, Bell 5 Land Company, 710 11th Avenue, Greeley, CO, stated that he represents the applicant Mr.
Zimbelman. This application is for a proposal for a grain handling facility, primarily handling sunflowers. The
applicant would like to build the facility on property he owns as he has been utilizing some of his own on-farm
facilities to handle some of the grain. The majority of the traffic would be done during harvest. The growth of
the facility will be done in phases, as it is required.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeffrey and Beth Jacobsen, 33518 CR 4, stated that they live right across from the proposed facility. Mr.
Jacobsen stated that his wife and daughter have asthma and they are concerned with the dust. In addition, he
is concerned with how the farm will be operated and what it all entails. He inquired if the agricultural husbandry
will include the possibility of a feedlot and if all 77 acres need to be included in the permit. Mr. Jacobsen said
that they are concerned with dust, noise, and rodents.
Beth Jacobsen said that it's not that they are against progress in the area but they are concerned with the
traffic and the dust. She inquired if improvements to the road could be made.
In response to Mr. Maxey's inquiry regarding the explanation for the entire 77 acres and agricultural animal
husbandry, Mr. Ogle commented that the USR Permit boundary covers the entire 77 acres; however the area
that will be impacted will be approximately 10 acres. He added that the proposal is not for a confined livestock
feedlot; however if there was a proposed feedlot, above the use by right, the applicant would need to amend
the existing USR Permit.
Mr. Goble said that they have made efforts throughout the application to mitigate for dust and the amount of
• traffic. He added that there is a hill which climbs up to the entrance; therefore they would not likely be using a
jake brake that would create additional noise. Mr. Goble expressed that Mr. Zimbelman intends to be a • ood
EXHIBIT
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• neighbor. Mr. Goble added that there is no intent for a confined animal livestock operation on site. It will
strictly be a grain handling facility.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0039 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval, Moved
by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes =8).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Robert Grand.
CASE NUMBER: USR12-0045
APPLICANT: DORIS CUNNINGHAM AND C&H EXCAVATING, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS(OIL FIELD EQUIPMENT MANUFACTURING FACILITY)IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B OF AMENDED RECORDED EXEMPTION AMRE-991; PART NW4SW4
SECTION 2,T7N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 33 AND APPROXIMATELY 1/2 MILE SOUTH
OF CR 86.
• Bill Hall recused himself as he has been involved in the application previously. Joyce Smock recused herself
as well.
Chris Gathman, Planning Services,stated that staff has received a request from the applicant to continue this
case as they have a pending annexation application to the Town of Ault. The Town of Ault will be conducting
a hearing of the potential annexation on October 24, 2012.
In response to Mr.Maxey's inquiry, Mr.Gathman stated that the site has been in violation since January 2011.
Vince Harris, Baseline Corporation,stated that they would like to request that this hearing be continued as the
applicant is working on an annexation application to the Town of Ault and depending on their decision this
hearing may or may not be needed.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
the application.
Brad March, March,Olive&Pharris, LLC,stated that he represents many of the surrounding landowners. He
said that this has been operating since December 2010. In addition,there is a court hearing scheduled on
November 5,2012 for the zoning violation and now there are annexation applications to the Town of Ault. The
landowners have taken off work and are prepared and ready to present their concerns today. Mr. March
added that they have put up with this use for 20 plus months. He strongly encouraged the Planning
Commission to hear this case today.
Steve Deines stated that he lives directly to the north of the site. They have been dealing with this for over 20
months. Mr. Deines read a letter into record from Ms. Salzman, Code Compliance Officer regarding the
timeline of violation and use. Mr. Deines stated that he is opposed to the continuance of this case.
• Don Parsons stated that he owns the property directly east and south of the site. There is an
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