HomeMy WebLinkAbout20252585.tiff Resolution
Approve Use by Special Review Permit, USR25-0014, for Keeping of Exotic Animals
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
— Lembke Family Preserve, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 24th day of
September, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of the Lembke Family Preserve, LLC, 8301 East
Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, for Use by Special
Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Part of Section 33, Township 5 North, Range 62 West of the 6th P.M., Weld
County, Colorado
Whereas, at said hearing, the applicant was present, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." This is a request for the
keeping and raising of exotic animals. The historic use of the property
has been oil and gas, along with agricultural. The land use is
primarily an agriculturally based entity that focuses on preserving
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open space, habitat, grasslands, and providing environmental
amenities and enrichment for the animals on premises.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing uses
must be able to mitigate conflicts." The large tracts of land under the
control of the 70s Ranch, LLC, under the same ownership as the
subject property, provides for a natural buffer between adjacent
properties and uses. The Preserve is primarily developed as open
grassland habitats with ten (10)-foot woven wire stock fence. This
fencing and tract layout may also be used for livestock or other
approved land use operations in the future, if warranted.
3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior to
development of energy and mineral resource production facilities."
According to the application materials, the access will be located off
of County Road (CR) 69, which is located approximately four (4)
miles east of the subject parcel. An Access Permit is required for
accesses onto Weld County maintained roadways. CR 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.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.K. Uses by Special Review, of the Weld County
Code allow for the "Keeping, raising or boarding of exotic animals" in
Lots outside of a subdivision and historic townsite in the
A (Agricultural) Zone District.
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3) Section 23-1-90 states: "Exotic Animals are any vertebrate animal
except fish and amphibians, that is not defined as livestock or
household pets, in the Weld County Code."
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural), and the land uses include pastureland and oil and gas
activities. There are no Use by Special Reviews (USRs) within one (1) mile
of the site. The closest permitted use, USR16-0023, for a compressor
station, is located one and one-half(1.5) miles to the northwest. The nearest
residence to the subject property is approximately four (4) miles to the west.
The Weld County Department of Planning Services sent notice to two (2)
surrounding property owners (SPOs), and no written or phone
correspondence was received.
D. Section 23-2-230.B.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 a Coordinate Planning Area, or
within the three (3) mile referral area of any municipality.
E. Section 23-2-230.B.5—The application complies with Chapter 23, Articles V
and XI, of the Weld County Code. The property is not within the A-P (Airport)
Overlay District, 1-25 Overlay District, the Geologic Hazard Overlay District,
the MS4 - Municipal Separate Storm Sewer System area, the Special Flood
Hazard Area, the Historic Townsites Overlay District, or the Agricultural
Heritage Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated approximately 548.5 acres consists of soils designated as Valent
sand (3-9%) moderate slopes, that are classified as 'Not Prime Farmland',
and 30.8 acres as Valent sand (0-3%) low slopes, that are classified as
'Farmland of local importance'. This USR will not be removing active
farmland from production, as the site is currently being used for oil and gas
and agricultural activities.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
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Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of the Lembke Family Preserve, LLC, for Use by Special
Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, on the parcel of land described
above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
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.
C. The applicant shall address the comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response, dated June 26,
2025. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall address the questions from Colorado Parks and Wildlife,
as stated in the referral response, dated July 31, 2025. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0014.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) The map shall delineate the existing and proposed screening.
5) The map shall delineate the parking area for the trucks.
6) The applicant shall delineate the trash collection areas on the
map. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas.
7) All signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2 of the Weld County Code, if
applicable.
8) 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.
9) The applicant shall show and label the private roads used to
access the site. Include the owner's name in the label.
10) The applicant shall 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.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic
circulation flow arrows showing how the traffic moves around
the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
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3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
Use by Special Review Permit
Development Standards
Lembke Family Preserve, LLC
USR25-001 4
1. Use by Special Review Permit, USR25-0014, is for Keeping of Exotic Animals
outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Sunday, as
stated in the application materials.
4. The applicant is required to apply for a Minor Amendment if large carnivores, such
as large cats or bears, are proposed to be included at the facility.
5. The number of employees shall be up to ten (10), as stated in the application
materials.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code,
if applicable.
8. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither the direct, nor
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reflected, light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights may be used, which
may be confused with, or construed as, traffic control devices.
9. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
12. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit prior to
commencement.
13. 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.
14. Weld County is not responsible for the maintenance of on-site drainage related
features.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
16. 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, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code and the accepted Waste Handling
Plan.
18. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations
and the accepted Dust Abatement Plan.
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19. Any On-site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
20. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes, as necessary.
21. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
22. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
23. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
24. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
25. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
26. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on
the property comply with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations.
27. The Use by 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
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Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
28. 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.
29. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of Board of County
Commissioners signed Resolution, unless otherwise specified by the Board of
County Commissioners when issuing the original Permit, or the Permit shall be
vacated.
30. This Use by Special Review shall terminate when the use is discontinued for a
period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
31. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 24th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye �r �•r-.w
Scott K. James, Pro-Tem: Aye �►40 \.
Jason S. Maxey: Aye l .»: ,"
Lynette Peppier: Aye * '
Kevin D. Ross: Aye Y
Approved as to Form: i �,I
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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