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Home My WebLink About20252587.tiff LAND USE APPLICATION SUMMARY SHEET COUNTY,CO Planner: Molly Wright Hearing Date: September 2, 2025 Case Number: USR25-0014 Property Owner: Lembke Family Preserve LLC c/o Jason VonLembke and Robert A. Lembke 8301 E Prentice Avenue Suite 100, Greenwood Village, Colorado 80111 Authorized Agent: Denver Zoo c/o Brian Aucone 2300 Steele Street, Denver, Colorado 80205 Request: Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A(Agricultural)Zone District Legal Part of Section 33, township 5 North, Range 62 West of the 6th P.M., Weld County, Description: Colorado Location: Approximately 4 miles east of County Road 69; approximately 3.5 miles north of U.S. Highway 34 Size of Parcel: +/- 575 acres Parcel No. 0967-33-1-00-004 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ❖ Colorado Parks and Wildlife, referral dated July 31, 2025 ❖ Platte Valley Fire Protection District, referral dated July 28, 2025 ❖ Weld County Oil and Gas Energy Department, referral dated June 26, 2025 ❖ Weld County Department of Planning Services— Development Review, referral dated July 25, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ❖ Division of Water Resources, referral dated July 24, 2025 ❖ Weld County Sheriff's Office, referral dated June 26, 2025 ❖ Weld County School District RE-7, referral dated June 26, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ❖ West Greeley Conservation District ❖ Weld County Emergency Management Office USR25-00141 Denver Zoo Page 1 of 8 Case Summary: The applicant is requesting a Use by Special Review for the keeping, and raising of exotic animals to aid in the conservation objectives associated with the Denver Zoo, known as "The Preserve". The animals that will be held on site include exotic hoofed animals, native amphibians, and other small fauna. Large fauna and carnivores will not be housed on site at this time. Construction activities will be completed in up to ten (10)phases.The first phase will include a 5,000 square foot metal feed barn. The future phases will include up to nine (9) additional feed barns of similar size and construction type. An office trailer is proposed on site for administrative tasks, general storage, and restroom facilities for employees. This site is not opened to the public but will have the occasional visitors including donors and benefactors to the zoo as well as animal transport services. The application identifies up to ten (10) employees on site at full build out, with there being two (2) employees on site initially. Staff will be on site seven (7)days a week from 8:00am to 5:00pm, with animals being on site twenty-four(24) hours a day, seven (7) days a week. A ten (10)foot tall woven wire stock fence is proposed around the facility. The site is currently covered with native grasses, any disturbed areas will be reseeded with native grasses. The proposed use will not generate any industrial debris or junk. Animal wastes will be disposed of as necessary in a way that follows all pertinent regulations. A dumpster will be on site for office use waste. 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 [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 USR25-00141 Denver Zoo Page 2 of 8 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 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, 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 23-2-220.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 USR25-00141 Denver Zoo Page 3 of 8 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 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 Department of Planning Services' staff 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: 1. 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) USR25-00141 Denver Zoo Page 4 of 8 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 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) 1. 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) 2. 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) 3. 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) 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) USR25-00141 Denver Zoo Page 5 of 8 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denver Zoo USR25-001 4 1. 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) 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) 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 USR25-00141 Denver Zoo Page 6 of 8 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 Facility 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 specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. USR25-00141 Denver Zoo Page 7 of 8 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. USR25-00141 Denver Zoo Page 8 of 8 DEPARTMENT OF PLANNING SERVICES ti B 1402 North 17th Ave - --� '�.• _� Greeley, CO 80631 .161r"i I , Website:www.weld.gov Y Email: mrwright@weld.gov Phone: (970)400-3525 Fax: (970) 304-6498 August 11, 2025 Brian Aucone 2300 Steele St Denver, CO 80205 Subject: USR25-0014 - A Use by Special Review Permit for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A(Agricultural) Zone District. On parcel(s) of land described as: Part of Section 33, township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 2, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 24, 2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://aca- prod.accela.com/WELD/ Respectfully, A141A'&( MollY9 ri ht� Planner Hello