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HomeMy WebLinkAbout20252586.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Biwer, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: USR25-0014 Lembke Family Preserve, LLC Molly Wright Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of Section 33, township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado. Approximately 4 miles east of County Road 69; approximately 3.5 miles north of U.S. Highway 34. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. 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 open space, habitat, grasslands, and providing environmental amenities and enrichment for the animals on premises. 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. Section 22-2-60.8.2. 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 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. 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 sixty (60) feet of right-of-way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. -- Intent, of the Weld County Code 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 Resolution USR25-0014 Lembke Family Preserve, LLC Page 2 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 " Section 23-3-40 K Uses by Special Review, of the Weld County Code allows for the "Keeping, raising or boarding of exotic animals" in Lots outside of a subdivision and historic townsite in the (A) Agricultural Zone District Section 23-1-90 states that 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 23-2-220 A 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 USR, ,USR16-0023, for a compressor station is located one -and -a -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, no written or phone correspondence was received 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 a Coordinate Planning Area, or within the three (3) mile referral area of any municipality E Section 23-2-220 A 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, I-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 23-2-220 A 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 indicates that approximately 548 5 acres has 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 23-2-220 A 7 -- There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure Resolution USR25-0014 Lembke Family Preserve, LLC Page 3 that there are adequate provisions for the protection of 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 that 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 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 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 (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 applicant shall address the referral comments of the Weld County Oil and Gas Energy Department as stated in their referral response dated June 26, 2025 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Oil and Gas Energy Department) D The applicant shall address the referral questions from Colorado Parks and Wildlife as stated in their referral response dated July 31, 2025 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) E The map shall be amended to delineate the following All sheets of the map shall be labeled USR25-0014 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The map shall delineate the existing and proposed screening (Department of Planning Services) 5 The map shall delineate the parking area for the trucks (Department of Planning Services) 6 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 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 (Department of Planning Services) 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 Resolution USR25-0014 Lembke Family Preserve, LLC Page 4 the label whether the document is from the Clerk and Recorder Book or from the Road Book (Development Review) 9 Show and label the private roads used to access the site Include the owner's name in the label (Development Review) 10 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) 11 Show and label the drainage flow arrows (Development Review) 12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 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 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 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 3 -month period (Department of Planning Services) 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 (Department of Planning Services) 5 Prior to Construction A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) Resolution USR25-0014 Lembke Family Preserve, LLC Page 5 Motion seconded by Hunter Rivera VOTE For Passage Against Passage Michael Wailes Michael Palau Virginia Guderjahn Barney Hammond Michael Biwer Hunter Rivera Cole Ritchey Absent Butch White Calven Goza The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 2, 2025 Dated the 2"d of September, 2025 q5\ b&ne-, •1?a/ Lurl. Kristine Ranslem Secretary Resolution USR25-0014 Lembke Family Preserve, LLC Page 6 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denver Zoo USR25-0014 Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The hours of operation are 8 00am to 5 00pm Monday through Sunday, as stated in the application materials (Department of Planning Services) 4 The number of employees shall be ten (10), as stated in the application materials (Department of Planning Services) 5 The parking area on the site shall be maintained (Department of Planning Services) r 6 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable (Department of Planning Services) 7 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 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 (Department of Planning Services) 8 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) 9 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) 10 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 11 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) 12 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) 13 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 14 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Planning Services) 15 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 (Department of Planning Services) Resolution USR25-0014 Lembke Family Preserve, LLC Page 7 16 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 The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code and the accepted waste handling plan (Department of Planning Services) 17 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 (Department of Planning Services) Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Planning Services) 18 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 (Department of Planning Services) 19 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Planning Services) 20 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 has been adopted by Weld County 2018 International Building Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 21 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facdity'Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs 22 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended 23 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 24 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 25 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 Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services 26 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 27 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 Resolution USR25-0014 Lembke Family Preserve, LLC Page 8 specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated 28 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 29 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 EXHIBIT Summary of the Weld County Planning Commission Meeting Tuesday, September 2, 2025 In ita ie 5 \)ts?aS -OO\4 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair Michael Wailes, at 1:33 p.m. Roll Call Present: Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn Absent/Excused: Butch White, Calven Goza Also Present: Diana Aungst, Molly Wright, Angela Snyder, Jim Flesher and Maxwell Nader, Department of Planning Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: USR25-0014 Lembke Family Preserve, LLC Molly Wright Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of Section 33, township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado. Approximately 4 miles east of County Road 69; approximately 3.5 miles north of U.S. Highway 34. Molly Wright, Planning Services, presented Case USR25-0014, reading the recommendation and comments into the record. Ms. Wright noted that no written correspondence or telephone calls were received regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage conditions for the site. Brian Aucone, 2300 Steele Street, Denver, Colorado, stated that the Denver Zoo Conservation Alliance has been in operation for 127 years in their current location, which is in the middle of the City of Denver. He added that this site is on approximately 84 acres; however, they are limited on space and do not have the ability to expand. Therefore, they have been looking for a place that shares their vision and mission and are proposing the Lembke Family Preserve. They have approximately 1.7 million people who come through the zoo every year. The need for the second campus is due to additional space for breeding population and holding animals before they are moved. Additionally, this campus would support the updates to their infrastructure at the zoo by temporarily housing animals from the zoo during construction. Mr. Aucone stated that this proposed site is approximately 576 acres and the area will not be open to the public. There will be a series of animal holding barns and outdoor spaces that will be constructed in phases. Additionally, there will be a perimeter fence separated from the animal holding areas. Mr. Aucone said that there will be emergency response plans in place based on the species. He added that what they are proposing is not considered dangerous but will have an emergency response plan in place in the event something were to happen. There will be cameras on site for monitoring and staff will be on site 24/7. Commissioner Hammond asked if there are any concerns with anyone cutting fences or if the fences will be monitored. Mr. Aucone said that there will be cameras on site and the public will not have direct access to the fences. Staff will be checking those fences regularly. The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR25-0014 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Biwer, Seconded by Hunter Rivera Vote Motion carried by unanimous roll call vote (summary Yes = 7) Yes Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn Meeting adjourned at 3 28 p m Respectfully submitted, 4 Kristine Ranslem Secretary 2 ATTENDANCE RECORD / r 1 r , /f tart a, �n14J ADDRESS EMAIL NAME - PLEASE PRINT LEGIBLY JohnDoe 123 Nowhere Street, City, State, Zip AlaIllk 1Vihr '1r tee itilk Yor 411 1O/ s4 KIP b {� Wolf+ceke 5 tt'r. 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