HomeMy WebLinkAbout20122570.tiff • LAND USE APPLICATION
SUMMARY SHEET
Case Hearing Date: August 7, 2012
Number: USR12-0031
Applicant: Brad Lebsock - Northeast Grains, LLC and Forrest &Judy Tappy
417 Glenora Street, Sterling, CO 80751
Request: A Site Specific Development Plan and Amended 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 and similar goods associated with the Agri-business and Agricultural uses and a
variance to the setbacks requirement from a public right-of-way in the A(Agricultural) zone
district.
Legal
Description: South thirteen (13)feet of Lot 15, all of Lots 16, 16 and 18, Block 3 Stoneham, including part
NW4NW4SE4 SW4SW4NE4 Section 5,T7N, R56W of the 6th P.M.,Weld County,Colorado
Location: South of Slate Street and west of and adjacent to Marble Avenue, Stoneham
Size of Parcel: 3.303 +/- 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 Code Compliance, referral dated May 30, 2012
Or Colorado Department of Transportation, electronic referrals dated May 30 and June 4, 2012
Or Weld County Department of Public Works, referral dated June 12, 2012
Or State of Colorado, Division of Water Resources, referral dated June 22, 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 5, 2012
The Department of Planning Services' staff has received responses from the following agencies without
comments:
Or Weld County Sheriff's Office, referral dated May 30, 2012
Or Centennial Soil Conservation District, referral dated May 31, 2012
Or State of Colorado, Division of Wildlife, referral dated June 26, 2012
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 1
The Department of Planning Services' staff has not received responses from the following agencies:
D New Raymer Fire Protection District
D Weld County School District RE-11J
D Weld County Ambulance Services
D State of Colorado Historic Society
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 2
a A. SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Hearing Date: August 7, 2012
Number: USR12-0031
Applicant: Brad Lebsock - Northeast Grains, LLC and Forrest &Judy Tappy
417 Glenora Street, Sterling, CO 80751
Request: A Site Specific Development Plan and Amended 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 and similar goods associated with the Agri-business and Agricultural uses and a
variance to the setbacks requirement from a public right-of-way in the A(Agricultural) zone
district
Legal
Description: South thirteen (13)feet of Lot 15, all of Lots 16, 16 and 18, Block 3 Stoneham, including part
NW4NW4SE4 SW4SW4NE4 Section 5,T7N, R56W of the 6th P.M.,Weld County,Colorado
Location: South of Slate Street and west of and adjacent to Marble Avenue, Stoneham
Size of Parcel: 3.303 +/- acres
Parcel #: 0727-05-0-00-008; 0727-05-0-17-002 and 0727-05-0-17-001
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
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 3
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 22-2-2O.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 3.303 acres with historic
use encumbrances, including a scale house, grain elevator and grain bins that have been
utilized from the early 197Os. The surrounding properties are agricultural lands in each
direction, with residential development primarily to the North in Stoneham. There is an
engineer designed commercial septic system (SP-1200078)that was approved by the Board
of Health on May 22, 2012. The system is for a commercial office and was sized for 4
people. As the septic system was not sized for customer use, if the number of customers
does not exceed 10 per day a portable toilet is acceptable according to Environmental Health
Policy 2.2.K. The Stoneham community well provides water to the property for non-potable
uses. The applicants are proposing bottled water and hand sanitizer until the community
well,for Stoneham, is either registered by the State or the applicants drill a new well on their
property.
The Colorado Division of Water Resources states in their referral dated June 22, 2012, ". . .
[that]the proposed water source for non-potable uses such as toilet flushing is a water tap
per agreement with [a private property owner in] Stoneham.The application notes that this
well is not currently registered and is located on a neighboring parcel at 41783 Marble
Avenue. As it is not a registered system or well, the applicants do not propose to use the well
for potable use unless it is registered. The application materials indicate that for potable
water uses, bottled water would be utilized, with the option of obtaining a well permit in the
future was also mentioned in the application.
This business, Northeast Grains LLC would likely qualify for an exempt commercial well
permit. This would allow for one well on the parcel to serve drinking and sanitation
facilities, but no outside uses. Exempt commercial well permits are issued for annual
water use not to exceed 1/3 acre-foot per year. This office does not object to the
proposal as long as the applicant is able to obtain a commercial well permit for water
supply."
B. Section 23-2-22O.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-4O.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 23-2-22O.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. This operation is an expansion of an existing facility for the purposes
of receiving grain from the area farmers at harvest time. The facility has historically been
operational for several decades and was most recently permitted under USR-632 in1984 with
a proposed upgrade to the facility to include additional bin storage and new ownership. This
amendment seeks to upgrade and modernize the facility allowing the elevator to improve off-
loading of grains, long term agricultural storage and allows a means to market agricultural
products in this area.
The Stoneham area is very open and sparsely populated. There are seven (7) property
owners on nine (9) parcels within 500 feet of this proposed facility. There are two residences
and Dewey's Bar on three (3) parcels within 500 feet of the facility, the nearest residence is
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 4
approximately 150 feet to the East of the existing elevator. There has been no letters or
electronic mail or telephone calls received regarding this proposal. Development Standards
and Conditions of Approval will 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 not located within three miles of a municipality or County.
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, given that the 3.303 acre parcels contains the
improvements from the historic use agricultural grain elevator, and was formerly utilized as
railroad right-of-way, 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 USR12-0031. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Marble Avenue is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 100 feet of right-of-way at full build out. There is
presently 100 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
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 5
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) Granite Avenue is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 80 feet of right-of-way at full build out. There is
presently 80 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) Slate Street is designated on the Weld County Road Classification Plan as a local
gravel road,which requires 80 feet of right-of-way at full build out. There is presently
80 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)
5) Please delineate the Water Quality Depression for this site. The area can be an
existing on-site low point that will capture the stormwater and hold any contaminants
on-site or it can be a shallow depression dug downstream of the parking and storage
area and labeled as a"No Build or Storage Area". Please contact the Public Works
Department for sizing this feature. (Department of Public Works)
6) All parking for this site must be off street and internal and delineated on the plot plan
map. Each parking space shall be equipped with wheel guards or curb blocks to
prevent vehicles from coming into contact with walls or other structures. (Department
of Planning Services)
7) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall adhere to Section 23-3-36O.F of the
Weld County Code. (Department of Planning Services)
8) The application materials did not include a Sign Plan. Should exterior signage be a
part of this facility, all signs shall adhere to Section 23-4-90 of the Weld County
Code. (Department of Planning Services)
9) The applicant shall show the approved accesses on the plat, one off of Marble
Avenue and the second off of Granite Avenue and label it with the approved access
permit number, (Number will be forthcoming). (Department of Public Works)
D. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated June 22, 2012. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Colorado
Division of Water Resources)
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 5, 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 submit a Lighting Plan to the Department of Planning Services for review
and approval. With approval,the Lighting Plan information shall be graphically delineated on
the USR Plat. (Department of Planning Services)
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 6
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)
5. Prior to the Release of Building Permits:
A. A building permit will be required for any new construction or renovation of buildings
associated with grain and/or feed elevators,grain feed sales, commercial grain storage and
drying; seed production, processing, storage and drying, seed production processing.
(Department of Building Inspection)
B. A 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)
C. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required. The structures proposed to have changes uses will require commercial building
permit for change of use. A code analysis, floor plan and complete set of plans for any
alteration and a structural analysis by a professional engineer will be required.(Department of
Building Inspection)
D. An exhaust system shall be provided, maintained and operated as specifically required by
this section and for all occupied areas where machines equipment and processes in such
areas produce or throw off dust or particles sufficiently light to float in the air,an engineers
analysis shall be provide in areas that produce dust. (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 New Raymer-Stoneham Fire Protection District
for review and approval prior to issue of building permits, (Department of Building Inspection)
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 7
H. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and installed to provide for potable water and sanitary use
for the facility. (Department of Planning Services)
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.
(Department of Public Health and Environment)
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Northeast Grains, LLC)
do Bradley Lebsock
USR12-0031
1. The A Site Specific Development Plan and Amended 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 and similar goods associated with the Agri-business and Agricultural uses and a
variance to the setbacks requirement from a public right-of-way 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. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and bottled water are allowed in
accordance with Environmental Health Policy 2.2.K. as attached. (Department of Public
Health and Environment)
10. This application is proposing a well as its source of water. 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. domestic 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
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 9
their drinking water prior to consumption and periodically test it over time. (Department of
Public Health and Environment)
11. 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)
12. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1).
(Department of Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
14. Access to the site shall be from Marble Avenue and Granite Avenue at the location as
designated by the approved Access Permit. (Department of Public Works)
15. 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. Utilize
the existing access and departure points. (Department of Public Works)
16. 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)
17. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
18. 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)
19. There shall be no parking or staging of vehicles on the County Road. Use the on-site parking
area. (Department of Public Works)
20. 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 Public Works)
21. 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 Public
Works)
22. A building permit will be required for any new construction or renovation of buildings
associated with grain and/or feed elevators,grain feed sales, commercial grain storage and
drying; seed production, processing, storage and drying, seed production processing.
(Department of Building Inspection)
23. A 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
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 10
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. The structures proposed to have changes uses will require commercial building
permit for change of use. A code analysis, floor plan and complete set of plans for any
alteration and a structural analysis by a professional engineer will be required.(Department of
Building Inspection)
25. An exhaust system shall be provided, maintained and operated as specifically required by
this section and for all occupied areas where machines equipment and processes in such
areas produce or throw off dust or particles sufficiently light to float in the air,an engineers
analysis shall be provide in areas that produce dust. (Department of Building Inspection)
26. 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)
27. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
28. 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)
29. Hours of operation are 24 hours a day, 7 days a week during harvest or acceptance of grain.
(Department of Planning Services)
30. Hours of operation for the Office and commercial sales component is limited to 8:00AM to
5:30PM Monday through Saturday. (Department of Planning Services)
31. The number of employees associated with this facility is limited to two (2) persons.
(Department of Planning Services)
32. 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)
33. 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)
34. 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)
35. 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)
36. 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)
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 11
37. 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)
38. 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)
39. 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)
40. 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
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 12
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.
USR12-0031 -NORTHEAST GRAINS LLC, PAGE 13
Case Hearing Date: August 7, 2012
Number: USR12-0031
Applicant: Brad Lebsock - Northeast Grains, LLC and Forrest &Judy Tappy
417 Glenora Street, Sterling, CO 80751
Request: A Site Specific Development Plan and Amended 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 and similar goods associated with the Agri-
business and Agricultural uses and a variance to the setbacks requirement from a public
right-of-way in the A (Agricultural) zone district.
Legal
Description: South thirteen (13) feet of Lot 15, all of Lots 16, 16 and 18, Block 3 Stoneham, including
part NW4NW4SE4 SW4SW4NE4 Section 5, T7N, R56W of the 6th P.M., Weld County,
Colorado
Location: South of Slate Street and west of and adjacent to marble Avenue, Stoneham
Size of Parcel: 3.303 +/- acres
Narrative:
The site consists of 3.303 acres with historic use encumbrances, including a scale house, grain
elevator and grain bins that have been utilized from the early 1970s. This operation is an expansion
of an existing facility for the purposes of receiving grain from the area farmers at harvest time. The
facility has historically been operational for several decades and was most recently permitted under
USR-632 in1984. The proposed upgrade to the facility utilizes new advanced technology in the scale
house, additional grain storage bin construction and the removal (demolition) of obsolete grain
storage structures and support buildings, along with the acquisition of adjacent land. The facility and
associated improvements are part of the change in under new ownership. This amendment seeks to
upgrade and modernize the facility allowing the elevator to improve off-loading of grains, long term
agricultural storage and allows a means to market agricultural products in this area.
The Stoneham area is very open and sparsely populated. There are seven (7) property owners on nine
(9) parcels within 500 feet of this proposed facility. There are two residences and Dewey's Bar on three
(3) parcels within 500 feet of the facility, and in the general the nearest residence approximately 150 feet
to the East from the existing elevator. In general, the surrounding properties are agricultural lands in
each direction, with limited residential development primarily to the North in Stoneham.
With the modernization of the facility, the applicant has constructed at their own risk a new scale house,
office and receiving facility which encroaches approximately ten (10)feet into an alley adjacent to the
elevator. Given this encroachment, the applicant is seeking a variance to the setbacks requirement from
a public right-of-way. The applicant owns all lands on each side of this alley-way.
There has been no letters or electronic mail or telephone calls received regarding this proposal.
The Department of Planning Services is recommending approval of this land use case for a 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 and a variance to the setbacks requirement for a
habitable structure from a public right-of-way in the A (Agricultural) zone district.
•1/21611ADEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
j r _ GREELEY, CO 80631
WEBSITE:www.co.weld.co.us
' ' E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
L G p U N T Y FAX: (970)304-6498
July 10, 2012
NORTHEAST GRAINS, LLC
C/O BRAD LEBSOCK
417 GLENORA STREET
STERLING, CO 80751
Subject: USR12-0031 -A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (USR-632) 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 AND A VARIANCE TO THE SETBACKS REQUIREMENT FROM A PUBLIC
RIGHT-OF-WAY IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
South 13 feet of Lot 15 and all of Lots 16, 17, and 18 of Block 3 Stoneham; Part NW4NW4SE4/SW4SW4NE4
of Section 5, T7N, R56W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 7, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 29, 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.we ldcou ntv planni ngcases.orq
aoi a - 570
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Location:1555 N 17th Ave
Date:2012.07.1012:02:26-06'00'
Kim Ogle
Planner
1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
t ' GREELEY, CO 80631
r. ! _
I, WEBSITE:www.co.weld.co.us
`� r r E-MAIL: kogle@co.weld.co.us
r PHONE: (970)353-6100, Ext. 3549
c 0 U N¶y FAX: (970)304-6498
May 30, 2012
NORTHEAST GRAINS, LLC
C/O BRAD LEBSOCK
417 GLENORA STREET
STERLING, CO 80751
Subject: USR12-0031 -A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED 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 AND SIMILAR GOODS ASSOCIATED WITH THE AGRI-BUSINESS AND
AGRICULTURAL USES IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PT NW4NW4SE4/SW4SW4NE4 SECTION 5, T7N, R56W STONEHAM BEING THAT PORTION OF
BURLINGTON NORTHERN RR COMPANY'S 300' R/W& GROUND STATION BOUNEDED ON THE
W BY THE SLY EXTENSION OF C/L OF 80' WIDE GRANITE AV & BOUNDED ON E BY SLY
EXTENSION OF C/L OF 100' WIDE MARBLE AV; L17 BLK3 STONEHAM; S13' OF L15 ALL 16 & 18
BLK3 EXC N50'L18 STONEHAM 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,
DReasollyn:signed Kristine om
Reason: signed byauthor of thisRanslem
document
Location:1555 N 17th Ave
Date:2012.05.30 09:34:17-0600'
Kim Ogle
Planner
FIELD CHECK Inspection Date:JUNE 2012
Case Number: USR12-0031
Applicant: Brad Lebsock-Northeast Grains, LLC and Forrest&Judy Tappy
417 Glenora Street,Sterling, CO 80751
Request: A Site Specific Development Plan and Amended 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 and similar
goods associated with the Agri-business and Agricultural uses and a variance to the setbacks
requirement from a public right-of-way in the A(Agricultural)zone district.
Legal
Description: South thirteen (13) feet of Lot 15, all of Lots 16, 16 and 18, Block 3 Stoneham, including part
NW4NW4SE4 SW45W4NE4 Section 5,T7N, R56W of the 6th P.M., Weld County, Colorado
Location: South of Slate Street and west of and adjacent to marble Avenue,Stoneham
Size of Parcel: 3.303+/-acres
Zoning Land Use
N AGRICULTURE N PLATTED TOWNSITE AND TAPPY'S GARAGE
E AGRICULTURE E PRODUCTION AGRICULTURE
S AGRICULTURE S PRODUCTION AGRICULTURE
W AGRICULTURE W STONEHAM/PRIVATE FUELING STATION
Comments:
The site consists of 3.303 acres with historic use encumbrances, including a scale house,grain elevator and grain
bins. The structure is not currently utilized although there are signs of improvements underway. An area adjacent
to the scale is staked for a structure and the gains bins have been recently resealed.
The Stoneham area is very open and sparsely populated. There are seven (7) property owners on nine(9) parcels
within 500 feet of this proposed facility. There are two residences and Dewey's Bar on three(3) parcels within 500
feet of the facility, and in the general the nearest residence approximately 150 feet to the East from the existing
elevator. In general, the surrounding properties are agricultural lands in each direction, with limited residential
development primarily to the North in Stoneham
All adjacent roads are graveled and graded. Utilities are present on overhead lines. Herbaceous material appears
to have been recently mowed. Generally the site is clean.
Sign to e
❑ Adjacent to old obsolete rail bed and rail lines ❑ Access to Property
❑ Outbuilding(s)—Associated with the use ❑ Derelict Vehicles—one farm truck without plates
❑ Site Distance—Good in all directions, ample turning movements
Note any commercial business that are operating from the site.—COMMERCIAL GRAIN ELEVATOR
Hello