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Home My WebLink About20252591.tiffMEMORANDUM TO: Molly Wright, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: July 25, 2025 SUBJECT: USR25-0014 Lembke Family Preserve The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of US 34 and is east of County Road 69. Parcel number 096733100004. Access is from County Road 69. ACCESS Development Review has reviewed the application materials related to access. According to the application questionnaire, the site access will access from County Road 69, (which is located approximately four miles from the subject parcel) via a series of private oil and gas roads. Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 69 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Note: Please be aware that setbacks from unmaintained section line rights -of -way must also be observed. Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at: https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest ADT on County Road 69 counted 339 vpd with 34% trucks. The 85th percentile speed on this portion of County Road 69 is 53 mph. The traffic information submitted with the application materials indicates that there will be approximately 10 passenger car daily roundtrips with an occasional pickup truck and trailer delivering animals as needed. The official access for the site will be on County Road 69, which is the closest County maintained road. The site traffic is anticipated to use the main entrance to 70 Ranch off via Bridge Street and follow Canal Road to reach the site. Site traffic will leave the site using the same private roads in reverse order. 100% of the site traffic is anticipated to enter and exit the site using this route. Site traffic will peak around 8 AM and 5 PM when employees are arriving for work and leaving after the workday is complete. TRACKING CONTROL No tracking control is required with this project. ROAD MAINTENANCE AGREEMENT Because of the very limited traffic associated with this project, Development Review is not requesting any form of a Road Maintenance Agreement. DRAINAGE REQUIREMENTS This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the undeveloped site having a 2% impervious value. The applicant has submitted a preliminary drainage report. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer (P.E.) is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by the P.E. A Certificate of Compliance form and Drainage Review Checklist form can be found at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review/Drainage- Review Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact Development Review for more information. COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692- 3575. CONDITIONS OF APPROVAL A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) B. The applicant shall submit written documents showing the owners of the private roads being utilized to access the site have granted permission for the project owners and project owner's employees, contractors, and visitors to use the private roads to access the subject site. The documents shall be signed by all owners of property crossed by the private roads. (Development Review) C. The USR map shall be amended as described below: 1. Delineate and label the existing County Road 69 right-of-way and the physical location of the road. Reference the document used to create the right-of-way in the label. Specify in the label whether the document is from the Clerk and Recorder Book or from the Road Book. (Development Review) 2. Show and label the private roads used to access the site. Include the owner's name in the label. (Development Review) 3. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality and detention volumes. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) 5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) A. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) B. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) C. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) D. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) E. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) F. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) Weld County Referral Y June 26, 2025 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Lembke Family Preserve, LLC Case Number: USR25-0014 Please Reply By: July 24, 2025 Planner: Molly Wright Project: Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 096733100004-R8983982 Legal: PART OF SECTION 33, T5N, R62W of the 6th P.M., Weld County, Colorado. Location: APPROXIMATELY 4 MILES EAST OF CR 69; APPROXIMATELY 3.50 MILES NORTH OF HIGHWAY 34. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P r F We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature c5'd.414, Agency Oil & Gas Energy Dept. Date 6/26/2025 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Planning Dept. Reference Number: USR25-0014 Associated Parcel: 096733100004 OGED Reviewer: Tyler Seno Review Date: 6/26/2025 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have included additional comments below: 1. There are no active 1041 WOGLA Permit on the associated parcel. There are several oil and gas well sites on and in the area surrounding the parcel. 2. The parcel includes no active oil and gas wells. 3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 1 below. Additional information regarding the plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. Appropriate setbacks and well identification should be incorporated into the plan. API Operator Well Title Well Status 05-123-05156 Unknown —1 Ranch 1-70 #1-70 PA 4. Condition to Locate Subsurface Utilities. Mr. Cavanagh, the Director of the Oil and Gas Energy Department indicates that, for safety concerns, all the subsurface utilities, including but not limited to, all oil and gas pipelines, flowlines etc. should be located. The Condition asks for an ALTA survey map to be provided to Weld County prior to construction, for review and approval before construction proceeds. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. PL•'.(ATTEVLEY Platte Valley Fire Protection District FIRE Applicant: Lembke Family Preserve, LLC Project: The Preserve (USR 25-0014) Comment Date: 7/28/202 5 Comments By: Greg Becker, Fire Marshal These comments are provided in accordance with the 2018 International Fire Code (IFC) and any other applicable standards and are based on the plans provided. This review is for the Use by Special Review of a proposed project that will be the keeping of exotic animals to aid the Denver Zoo's conservation objectives. This will take place on a 576.56 -acre parcel located on the 70 Ranch in Kersey, Colorado. There will be an office trailer onsite for administrative tasks and general storage. The first phase proposes the construction of a 100' x 50' metal feed barn (building construction type was not disclosed with the submittal). Future phases will include up to nine (9) additional feed barns of a similar size and construction type. FIRE DISTRICT REFERRAL REQUIREMENTS & COMMENTS 1. All work shall be completed in accordance with the approved plans, the 2018 IFC, the Weld County Development Code, and the Platte Valley Fire Protection District. 1. Site Access (IFC 503 & Appendix D): a. All construction/demolition shall comply with IFC Chapter 33. • Excess combustible waste accumulation must be kept to a minimum. • Site cleanliness must be closely monitored at all times. b. If the proposed access gate(s) to the location will be a secured entry then an approved method of entry will be provided for the Fire District IFC 506. c. Premises Identification shall comply with IFC 505. GENERAL PLAN REVIEW COMMENTS 1. Approval is based on the submitted plans 2. Future buildings will need to be reviewed and approved by the Fire District. 3. The applicant shall coordinate all required inspections with the Fire District 4. The Fire District will not sign off on the certificate of occupancy (C of 0) until a final inspection is performed and all requirements have been met. This list is intended to provide the owner with as much information as possible, but it may be amended too during subsequent reviews or as other information becomes available. The designer is responsible for the technical accuracy of their work. Nothing in this plan review is intended to approve any aspect of this plan that does not comply with all applicable codes and standards. Any changes that are made to the plans will require approval from the Fire District. Please reach out to me directly if you have any further questions and to schedule all fire inspections at gbecker@plattevalleyfire.org. Respectfully, Greg Becker Fire Inspector III/Plans Examiner #246317234 NFPA Certified Fire Protection Specialist Fire Marshal - Platte Valley Fire Protection District 27128 County Road 53, Kersey, Colorado 80644 (970) 353-3890 COLORADO Parks and Wildlife Department of Natural Resources Area 4/ Fort Collins Office 317 W Prospect Road Fort Collins, CO 80526 P 970.472.4300 I F 970.472.4458 7/31/2025 Weld County Permitting Department Attn: Molly Wright 1402 North 17th Ave Greeley, CO 80631 mrwright@weld.gov RE: USR25-0014 The Preserve- Denver Zoo Exotic Animal Breeding Facility Dear Molly, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to review the proposed project "The Preserve", an exotic animal breeding facility, located at Section 33, Township 5 North, Range 62 West. It is our understanding that this project will include approximately 576.56 acres. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goat is by responding to referral comment requests. After reviewing the application, CPW needs further clarification and additional information before we can provide clear and informed comments on the proposed project. Specifically, CPW has concerns about the potential for infectious diseases to spread from the facility to native ungulates and avian species and vice versa. To address our concerns with this facility, CPW has compiled the following questions from our staff, including our Wildlife Health staff, which we respectfully ask the applicant to respond to. Questions for the applicant: 1. Diseases of exotic animals are of concern: o How will direct contact with native wildlife be prevented/mitigated? o How will indirect contact (exposure through waste products/runoff) with native wildlife be mitigated? Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair • Karen Bailey, Secretary • Jessica Beaulieu Marie Haskett • Tai Jacober • Jack Murphy • Gabriel Otero • Murphy Robinson • James Jay Tutchton • Eden Vardy CPW comments USR25-0014- 7/31/2025 o What will the emergency protocol be in case of fire or tornado/ blizzard /other inclement weather events or disasters? o What is the escaped animal protocol? 2. Comments specific to the USR Application. o What are the Denver Zoo's conservation objectives? o From Question 10 on the application: We would like to know more details on species and numbers.This description is vague, and also implies that holding certain species ("large carnivores and large fauna") may happen in future even though they are not currently planned "at this time". o From Question 11 on the application: What is the definition of operations or processing equipment? Could this include grounds maintenance equipment as well? If so, these are pieces of equipment that need to be dedicated to the site and not used elsewhere without proper disinfection. o From Question 13 on the application: Where will animal and feed waste be stored? How will wastewater and runoff be handled? o From Question 14 on the application: There will inevitably be waste produced on an animal facility. How will this waste be handled? Waste would include feed, bedding, feces, water, dead animals. How often will waste be removed, where will it be disposed of, and how will it be treated? How will dead animals be handled? o The proposed fencing description needs much more detail. Will the facility be double high -fenced? It appears that the perimeter will only be barbed wire. How high will barbed wire fencing be, and how many strings? Will there be buried fencing? How will fencing prevent the entry and exit of native and exotic animals (birds, small mammals, and carnivores of all sizes)? o From Question 25 on the application: What about emergency plans? What is the plan for an escape protocol? o From question 26: Please specify that no non-native grasses will be planted, nor will non-native plants or grasses be brought in for feed, so as to mitigate the risk of introducing invasive plant/grass species. Disturbed areas will increase the risk of non-native species establishment. If keeping hoofstock, maintenance or planting/establishment of native grasses will require irrigation. Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Richard Reading, Chair • James 'Jay' Tutchton, Vice -Chair • Eden Vardy, Secretary • Jessica Beaulieu • Frances Silva Blaney • John Emerick • Tai Jacober • Dallas May • Jack Murphy • Gabriel Otero • Murphy Robinson CPW comments USR25-0014- 7/31/2025 Escape of Captive Wildlife: CPW Regulations Chapter 11, Section #1113, sub -sections A -B, requires escaped captive wildlife, including native big game animals, felines, canids, and/or any exotic wildlife be reported directly to CPW and local law enforcement within 24 hours of escape. Additionally, should the escaped species be determined to be detrimental to native wildlife, habitat, or other wildlife habitat, animal(s) may be seized, captured, or where necessary, destroyed by CPW or any peace officer for the purpose of protecting and preserving Colorado's wildlife and environment. CPW shall consider such wildlife to be a public nuisance and seek to hold the owner thereof responsible for any costs incurred in recovering, maintaining, or disposing of such wildlife in accordance with Colorado Revised Statutes Title 33-1-106(3)(c), as well as any damages to the State's wildlife resources under appropriate statutory and common law. Thank you for the opportunity to further discuss this project, and please continue to contact Jackson Davis, Greeley North District Wildlife Manager, at 970-342-0461 or at jackson.davis@state.co.us if you have any questions. Sincerely, Boodonffitill-er Brandon Muller Area 4 Acting Area Wildlife Manager Cc: Jackson Davis, Greeley N. District Wildlife Manager- jackson.davis@state.co.us Lexi Hamous, NE Land Use Coordinator- lexi.hamous-miller@state.co.us Rebecca Boyce, Area 4 Wildlife Biologist- rebecca.boyce@state.co.us Joe Hatseth, Area 4 Wildlife Biologist- joseph.halseth@state.co.us Pauline Not, Wildlife Veterinarian- pauline.nol@state.co.us Peach Van Wick, Statewide Wildlife Veterinarian- peach.vanwick@state.co.us Andrew Newman, Senior Energy and Land Use Coordinator- andrew.newman@state.co.us Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Richard Reading, Chair • James 'Jay' Tutchton, Vice -Chair • Eden Vardy, Secretary • Jessica Beaulieu • Frances Silva Blaney • John Emerick • Tai Jacober • Dallas May • Jack Murphy • Gabriel Otero • Murphy Robinson Molly Wright From: Sent: To: Subject: Follow Up Flag: Flag Status: Fuller - DNR, Kathleen <kathleen.fuller@state.co.us> Thursday, July 24, 2025 12:03 PM Molly Wright Re: Referral Agency Email Follow up Flagged This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Wright, Since this referral is not a "subdivision" as defined in section 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office only performed a cursory review of the referral information for USR25-0014. Upon review, it appears well permit nos. 78259 -FR and 78260 -FR are part of a water supply system operating under an augmentation plan decreed in water court case no. 88CW264(B). These wells must be used in accordance with their permitted terms and conditions and the associated augmentation plan. Thank you, Kate On Thu, Jun 26, 2025 at 8:49 AM noreply@weld.gov<noreply@weld.gov>wrote: The Weld County Planning Department has received a Planning Use By Special Review application, case # USR25-0014, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Molly Wright by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca- prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR25-0014, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Molly Wright at 970-400-6100 Thank you, Molly Wright 1402 North 17th Ave Greeley, CO 80631 1 970-400-6100 mrwright@weld.gov Kate Fuller Water Resource Engineer P 303.866.3581 x 8245 1313 Sherman St., Suite 821, Denver, CO 80203 Kathleen.Fuller@state.co.us I dwr.colorado.gov 2 Hello