HomeMy WebLinkAbout20233622.tiff EXHIBIT
Before the Weld County , Colorado , Planning Commission
- G •
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes , 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: USR23-0026
Applicant: ABCD Landco . LLC c/o 5280 Cattle Company , LLC
Planner: Kim Ogle
Request: A Site Specific Development Plan and Use by Special Review Permit for Livestock
Confinement Operations for up to 25 . 000 calves and multi-family dwelling for
persons principally employed at or engaged in farming outside of subdivisions and
historic townsites in the A (Agricultural ) Zone District .
Legal Description : Lots A and B of Recorded Exemption , RE-4332 . and Lots 2 and 3 ; all being a part of
the N1 /2 of Section 12 , Township 7 North , Range 67 West of the 6th P M . . Weld
County, Colorado .
Location : South of and adjacent to County Road 84 ; east of and adjacent to County Road 23 .
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 and any other applicable
code provisions or ordinance in effect .
Section 22-2-30 . A. 4 states " Farming or ranching operations are not considered a nuisance as long
as they employ common or reasonable agricultural practices . "
Day old calves are brought into the facility from area dairies where they are raised until approximately
six (6) months old . They are then transferred back to the original dairy , to a dedicated heifer raising
facility , or a few are kept on-site . The site is large enough to handle the expansion , ensure long term
operation without the necessity of leasing acres , and will be located to the south of the County Road
and east of the existing facilities .
Section 22-2-30 . D . 2 states " Collaborate on County -wide transportation and land use plans , and
ensure that land use change proposals comply with applicable transportation plans , functional
classifications , and access control plans adopted by the County . "
This site has no permitted access point onto County Road 23 . However , in the platting of RE-
4332 , an agricultural access was called out . Based on the location shown on the plat for RE-
4332 , this access point does not meet the Minimum Access Spacing Criteria . Specifically , it is not
at least 330 ' from the intersection of County Road 23 and County Road 84 . Aerial imaging
indicates that this access has been constructed . This access point shall be closed and reclaimed .
The applicant has requested that the manure trucks , for the site , access onto County Road 23 north
of the Pierce Lateral . This access point appears to be existing but not permitted . The access
location meets the Minimum Access Spacing Criteria . Therefore , an agricultural access permit shall
be obtained for this location .
The site has three permitted access points onto County Road 84 . In addition to these three access
points . there appears to be an unpermitted agricultural access that is approximately 2 , 240 feet west of
the intersection of County Road 84 and County Road 25 . This location appears to meet the Minimum
Access Spacing Criteria and should be permitted .
The applicant has stated that vehicles from this facility will be using AP21 - 0008 onto County Road
84 .
The site has three permitted access points onto County Road 25 . In the platting for RE-4332 , an
agricultural access was called out just south of the intersection of County Road 25 and County
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 2
n
Road 84 This access location does not appear to have been constructed Further,this access
point does not meet the Minimum Access Spacing Criteria Therefore,this access point should
not be shown on the USR map
Traffic to and from the facility will consist primarily of approximately two(2)stock trailer loads of
baby calves a day during phase I and four(4)stock trailer loads a day at full buildout Calves will
be raised to approximately 400 lbs when they will be shipped out to local dairies via semi or
stock trailers Traffic from cattle shipped from facility will account for two(2)loads a week during
Phase I operations and six(6)loads a week at full buildout
The majority of truck traffic will be feed deliveries and will be approximately 50%silage delivered
during a distinct silage harvest season and remainder hay,grains,and minerals On average feed
deliveries will typically average fifty-five(55)loads a day at full buildout
B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)Zone
District
' Section 22-2-10—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"
This Weld County Code Section,in essence,supports the proposed USR,as the dairy expansion
does not interfere with agricultural activities or other use by right activities
The proposed use is consistent with the intent of the A(Agricultural)Zone District and the use is
permittable under Section 23-3-40 O of the Weld County Code which allows for a Site Specific
Development Plan and Use by Special Review Permit for a livestock confinement operation(25,000
head calf facility) Additionally,the application materials included a Nuisance Management Plan and
Preliminary Waste Management Plan per the Colorado Department of Public Health and
Environment Concentrated Animal Feeding Operation(CAFO)requirements,which will help mitigate
potential impacts of the dairy
C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent unincorporated lands are all zoned A(Agricultural)The surrounding land uses consist
of Irrigated and dry farmland,rural residences and sporadic on-going oil and gas activity Many
parcels have been created using the Recorded Exemption or Subdivision Exemption process,while
lands to the north are large tract and unplatted There are four(4)Use by Special Review permits
within one(1)mile of the site To the west is USR-850 for a single family residence on less than 80
aces and to the east are USR-895 and USR18-0065 for the Waste Management North Weld Landfill
and associated USR-1527 for the Administration,repair,parking,staging and storage of vehicles and
equipment and fueling station associated with the Waste Management operations Approximately
one-half mile to the south is the Belmont Farms residential subdivision located within the Town of
Severance
Weld County Department of Planning Services staff sent notice to seven(7)surrounding property
owners within 500 feet of the proposed USR boundary No written correspondence or telephone calls
were received
The proposed use is in an area that can support this development and the proposed screening,
Development Standards,and Conditions of Approval will assist in mitigating the impacts of the facility
on adjacent properties and ensure compatibility with surrounding land uses and region (�,
D Section 23-2-220 A 4--The uses which will be permitted will be compatible with future development
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 3
--) 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 located within the three(3)mile referral area of the Town of Severance The Town of
Severance did not return referral comments indicating a conflict with their interests
The Town of Severance Future Land Use map designates this area as Rural Residential The intent
of the rural residential land use category is to provide low-density,single-family residential
development within the Town's outer fringe The current land is predominantly rural and
agricultural,with some existing residential subdivision developments that are consistent with the
future vision of the Comprehensive Plan These areas may have centralized water but are not
served by central sewer Typically,the existing roadway network is limited to rural roads spaced in
one(1)-mile intervals that correspond to section lines Rural residential development in this
Planning area is intended to be large-lot residential subdivisions with a predetermined number of
acres per lot combined with the limitations of infrastructure that may be accessible or obtainable
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 Airport Overlay District,1-25 Overlay District,Special Flood Hazard
Area,Geologic Hazard Overlay District,MS4-Municipal Separate Storm Sewer System area,
Historic Townsites Overlay District,or Agricultural Heritage Overlay District Building Permits issued
on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee
Program,County Facility Fee,and Drainage Impact Fee Programs
F Section 23-2-220 A6--The applicant has demonstrated a diligent effort to conserve prime
�-- agricultural land in the locational decision for the proposed use
L_.1 The existing facility and proposed expansion will be located on Kim loam,which are classified with an
A or B rating,Olney fine sandy loam which are classified with an B rating,Otero fine sandy loam
which are classified with an A rating per the sod report dated May 2,2023,from the Natural Resource
Conservation Service Soil Survey These loam soils have a high infiltration rate and low runoff
potential Of the 311 acres,296 acres are classified as Prime if Irrigated The applicant indicates that
the land was dryland farm ground when purchased No/prime agricultural land is affected by this
proposal
G Section 23-2-220 A 7—There is 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
The facility is registered as a Large Non-Permitted Confined Animal Feeding Operation(CAFO)
with the Colorado Department of Public Health and Environment,Environmental Agricultural
Program Water is supplied to the site through a North Weld County Water District
commercial/industrial tap There is also a livestock well 320721 located on the site The facility
will be served by a commercial on-site wastewater treatment system(SP-2100219)which is
sized for 19 employees The permit has been applied for but has not received final approval The
applicant supplied a Nuisance Management plan to address conditions that may result from
animal confinement operations Those items include pest control,air quality,and noise A
manure management plan was provided which indicates 211 acres is available to land apply
liquid at an agronomic rate and solid manure will be removed and applied off site for land
,-- application
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 4
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 Road Maintenance Agreement is required for off-site improvements at this location Road
maintenance includes,but is not limited to,dust control and damage repair to specified haul routes
Also,road maintenance includes the annual application of magnesium chloride to the segments of
County Road 23 and county Road 84 that are specified as the haul route(Development Review)
B The applicant shall acknowledge the requirements of Weld County Oil,Gas and Energy Department,
referral dated August 3,2023 Written evidence of such shall be submitted to the Weld County
Department of Planning Services (Department of Planning Services)
C The applicant shall address the requirements of the Colorado Division of Water Resources,as stated
in the referral response dated August 17,2023 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of Planning Services)
D The applicant shall provide written confirmation that the multiple fuel tanks for on-site operations are
appropriately permitted through the Colorado Department of Labor and Employment,Division of Oil
and Public Safety Written evidence of such shall be submitted to the Weld County Department of
Planning Services (Department of Planning Services)
E The applicant shall submit a Lighting Plan for review and acceptance by the Department of Planning
Services (Department of Planning Services)
F The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0026(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 County Road 23 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout 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 All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
5 County Road 84 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout 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 All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
6 County Road 25 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout 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 All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
7 Show and label the existing permitted and/or unpermitted access points onto County Road 25
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 5
nand County Road 84 Show and label proposed and/or existing unpermitted access points onto
County Road 23 For the proposed access dedicated to this facility,specify the approved access
width,and the appropriate turning radii on the site plan Access locations will be reviewed by
Development Review during the review of the USR map Unpermitted access points,that do not
meet the required spacing,may be required to be closed and reclaimed(Development Review)
8 Show and label the tracking control on the site plan(Development Review)
9 Show and label the site drainage flow arrows Show and label the CAFO ponds(Development
Review)
10 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property(Development Review)
11 Show and label the accepted site lighting for the facility(Department of Planning Services)
12 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)
13 The applicant delineate the parking area for the vendors,customers and/or employees Section
23-2-240 A 6 f the Weld County Code addresses the issue on onsite parking staging and storage
of vehicles and equipment (Department of Planning Services)
14 All signs shall be shown on the map and shall adhere to Chapter 23,Article IV,Division 2 of the
Weld County Code(Department of Planning Services)
L-, 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 Mylar map along with all other documentation required
as Conditions of Approval The Mylar 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 Mylar 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 Prior to Construction
A The approved access and tracking control shall be constructed prior to on-site construction
(Development Review)
B If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required
(Development Review)
C Building permits are required for the employee housing(Department of Planning Services)
5 Prior to Operation
A The applicant shall provide written evidence that the commercial on-site wastewater treatment
—i system(SP-2100219)which is sized for 19 employees has received final approval(Department of
Li Public Health and Environment)
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 6
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)
Motion seconded by Butch White
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
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,Michelle Wall,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 December 5,2023
Dated the 5.day of December 2023
lThMelLe,bUza.
Michelle Wall
Secretary
\ 1
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
ED
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ABCD Landco,LLC
5280 Cattle Company,LLC
USR23-0026
1 Site Specific Development Plan and Use by Special Review Permit,USR23-0026 for Livestock
Confinement Operations for up to twenty-five thousand(25,000)calves and multi-family dwellings for
persons principally employed at or engaged in farming outside of subdivisions and historic townsites in
the A(Agricultural)Zone District,subject to the Development Standards stated hereon(Department of
Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code(Department of Planning Services)
3 The hours of operation are twenty-four(24)hours a day Monday through Sunday (Department of
Planning Services)
4 Employees are onsite 6 00 a m—6 00 p m Monday—Sunday(Department of Planning Services)
5 The number of on-site employees shall be up to nineteen(19),as stated in the application materials
(Department of Planning Services)
6 The number of multi-family dwellings for persons principally employed at the calving facility is limited to
six(6)dwellings (Department of Planning Services)
7 The parking area on the site shall be maintained(Department of Planning Services)
L
8 All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code(Department of
Planning Services)
9 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)
10 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)
11 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Development Review)
12 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)
13 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement(Development Review)
14 The Road Maintenance Agreement for this site may be reviewed on an annual basis,including a site visit
and possible updates(Development Review)
15 The historical flow patterns and runoff amounts on the site will be maintained(Development Review)
16 All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100 5,
C R S,as amended)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination (Department of Public Health and Environment)
-'f 17 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 8
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,Section 30-20-100 5,C R S (Department of Public Health and Environment)
18 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 applicant shall
operate in accordance with Chapter 14,Article 1 of the Weld County Code (Department of Public
Health and Environment)
19 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(Department of Public Health and Environment)
20 A permanent,adequate water supply shall be provided for dunking and sanitary purposes (Department
of Public Health and Environment)
21 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 Public Health
and Environment)
22 Adequate drinking,handwashing and toilet facilities shall be provided for employees and patrons of the
facility,at all times As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers Portable toilets shall be screened from existing adjacent
residential properties and public rights-of-way (Department of Public Health and Environment)
23 The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation 81
(5 CCR 1002-81)and 61(5 CCR 1002-61) There shall be no discharge of manure or process
wastewater,except as provided in the facility's Colorado Discharge Permit(Department of Public Health
and Environment)
24 If required,a Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control
Division,for construction activities (Department of Public Health and Environment)
25 Any manure or process wastewater applications shall be at agronomic rates and in accordance with the
Nutrient Management Plan or Manure and Wastewater Management Plan There shall be no discharge
from land application areas,except for agricultural stormwater (Department of Public Health and
Environment)
26 The facility shall be operated and maintained in a manner to prevent nuisance conditions,in accordance
with the approved Management Plan for Nuisance Control (Department of Public Health and
Environment)
27 The facility shall be operated in a manner to control pests at all times,in accordance with the current
approved Management Plan for Nuisance Control Additional control measures shall be implemented at
the request of the Weld County Department of Public Health and Environment,in the event that rodents,
which can be determined to be associated with the facility,are in such a number to be considered a
nuisance condition(Department of Public Health and Environment)
28 The facility shall be operated in a manner to control flies at all times,in accordance with the current
approved Management Plan for Nuisance Control Additional fly control measures shall be implemented
at the request of the Weld County Department of Public Health and Environment,in the event that flies,
which can be determined to be associated with the facility,are in such a number to be considered a
nuisance condition Additional controls shall also be implemented in the event the Weld County
Department of Public Health and Environment received a significant number of fly complaints associated
with the facility,and in the judgment of the Weld County Health Officer,there exists a fly condition
requiring abatement(Department of Public Health and Environment)
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 9
CD
29 Odors detected off the site shall not equal,or exceed,the level of fifteen-to-one dilution threshold,as
measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations
Additional controls shall be implemented,at the request of the Weld County Department of Public Health
and Environment,in the event odor levels detected off site of the facility meet,or exceed,the level of
fifteen-to-one dilution threshold,or in the judgment of the Weld County Health Officer,there exists an
odor condition requiring abatement(Department of Public Health and Environment)
30 The applicant shall remove,handle,and stockpile manure from the livestock area in a manner that will
prevent nuisance conditions The manure piles shall not be allowed to exist or deteriorate to a condition
that facilitates excessive odors,flies,insect pests,or pollutant runoff The surface beneath the manure
storage areas shall be of materials which are protective of state waters These areas shall be constructed
to minimize seepage or percolation of manure contaminated water In no event shall the facility impactor
degrade waters of the State,in violation of Colorado Water Quality Control Commission Regulation
Number 81 (Department of Public Health and Environment)
31 The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations There
shall be no open burning except"Agricultural Open Burning"as defined by Colorado Air Quality Control
Regulations(Department of Public Health and Environment)
32 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C R S(Department of Public Health and Environment)
33 All chemicals must be handled in a safe manner,in accordance with product labeling All chemicals must
be stored securely,on an impervious surface,and in accordance with manufacturer's recommendations
(Department of Public Health and Environment)
34 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit,and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance(Department of Public Health and Environment)
35 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
36 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code(Department of Public Health and Environment)
37 Lighting shall be maintained in accordance with the approved Lighting Plan(Department of Planning
Services)
38 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)
39 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,2020 National Electrical Code,and Chapter29 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)
RESOLUTION USR23-0026
ABCD Landco,LLC c/o 5280 Cattle Company,LLC
PAGE 10
40 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(Department of
Building Inspection)
41 The property owner or operator shall be responsible for complying with the Design and Operatic
Standards of Chapter 23 of the Weld County Code
42 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
43 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
44 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
45 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within
three(3)years from the of approval,unless otherwise specified by the Board of County Commissioners
when issuing the original Permit,or the Permit shall be vacated The Director of Planning Services may
grant an extension of time,for good cause shown,upon a written request by the landowner
46 A 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
47 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
48 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including,but not limited to,sand and gravel,oil,natural gas,and coal
Under title 34 of the Colorado Revised Statutes,minerals are vital resources because(a)the state's
commercial mineral deposits are essential to the state's economy,(b)the populous counties of the state
face a critical shortage of such deposits,and(c)such deposits should be extracted according to a rational
plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times,mineral resource
sites are fixed to their geographical and geophysical locations Moreover,these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
RESOLUTION USR23-0026
ABCD Landco,LLC do 5280 Cattle Company,LLC
PAGE 11
1
49 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks,including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on
rural roads,dust from animal pens,field work,harvest and gravel roads,odor from animal confinement,
silage and manure,smoke from ditch burning,flies and mosquitoes,hunting and trapping activities,
shooting sports,legal hazing of nuisance wildlife,and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102,C R S,provides that an agncultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been,and continues to be,the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved"out of the way"of residential development When
\ moving to the County,property owners and residents must realize they cannot take water from irrigation
ditches,lakes,or other structures,unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas,in many cases,will not be equivalent to municipal services Rural dwellers must,
by necessity,be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats Controlling children's activities is important,not only for their safety,but
also for the protection of the farmer's livelihood
O
EXHIBIT
4C )
LASta ai%0
Summary of the Weld County Planning Commission Meeting
Tuesday , December 5 , 2023
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 Chair
Elijah Hatch , at 1 : 32 p . m .
Roll Call .
Present : Elijah Hatch , Skip Holland , Butch White , Michael Wailes , Pamela Edens , Michael Palizzi , Shana
Morgan , Virginia Guderjahn .
Absent : Barney Hammond .
Also Present : Kim Ogle , Chris Gathman , Diana Aungst , and Maxwell Nader , Department of Planning
Services , Lauren Light , Department of Health , Karin McDougal , County Attorney , and Michelle Wall ,
Secretary .
Motion : Approve the November 7 , 2023 , 2023 Weld County Planning Commission minutes , Moved by
Butch White , Seconded by Shana Morgan . Motion passed unanimously .
Case Number: USR23-0026
Applicant: ABCD Landco , LLC c/o 5280 Cattle Company . LLC
Planner: Kim Ogle
Request: A Site Specific Development Plan and Use by Special Review Permit for Livestock
Confinement Operations for up to 25 . 000 calves and multi -family dwelling for
persons principally employed at or engaged in farming outside of subdivisions and
historic townsites in the A (Agricultural ) Zone District.
Legal Description : Lots A and B of Recorded Exemption , RE-4332 . and Lots 2 and 3 ; all being a part
of the N1 /2 of Section 12 , Township 7 North , Range 67 West of the 6th P . M . , Weld
County , Colorado .
Location : South of and adjacent to County Road 84 ; east of and adjacent to County Road
23 .
Kim Ogle , Planning Services , presented Case USR23- 0026 , reading the recommendation and comments
into the record . The 5280 Cattle Company facility is a working calf ranch that started construction in 2021
and is a Use by Right based on the 972 acres owned or leased by the facility . The proposed expansion
includes construction of a composting area located west of the calf hutches and additional group pens
and open lots to the east . They are proposing to allow expansion up to 25 , 000 animals .
The Planning Department sent notice to 7 surrounding property owners within 500 feet of the proposed
USR boundary . No written correspondence or telephone calls were received . The Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards .
The Chair asked Mr. Ogle if there has been any concern of animal excrement run off or seepage into the
Pierce Lateral . Mr . Ogle replied that there is not .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on- site
dust control , and the Waste Handling Plan .
Travis Hertneky , THEngineering , P . O . Box 337748 , Greeley , Colorado . Mr . Hertneky said he is
representing ABCD Landco and 5280 Cattle Company . He gave a presentation explaining the operation of
the 5280 Cattle Company , LLC . Mr. Hertneky explained that 25 , 000 cows sounds like a lot of animals ,
but they will all be baby cows . The housing access is proposed on County Road 84 .
Commissioner Guderjahn asked Mr . Hertneky how many animals are currently on site . Mr. Hertneky
replied that they currently have about 6 , 800 animals .
c
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Jennifer Berg-Ramsey,41750 County Road 23,Ault,Colorado Ms Berg-Ramsey said that she lives
about a half a mile north of this facility She said she came across a yellow sign in a field on County
Road 23 yesterday,so she went to investigate and that is how she came to know about this hearing Ms
Berg-Ramsey stated that neighbors of this property would have liked to have been notified of this hearing
but were not because they live further than 500 feet away She let some of her neighbors know about the
meeting and that is why they are here today Ms Berg-Ramsey is concerned about truck traffic,safety of
Highway 14 and County Road 23,pests,flies,noise,crime,gun shots and her property value
Sandy Legino,10531 County Road 84,Ault,Colorado Ms Legino said they live a half a mile on the
north side of County Road 84 to the west of the facility Her family has lived on their property since the
mid 70s Ms Legino said she would have liked to have been notified of a project of this size going on in
the neighborhood She said she is concerned that the number of animals will be increased by 400 to 500
percent from what is there now Ms Legino shared that when calves get the scours the smell is
nauseating She is concerned about traffic,dust,increase in crime,gun shots,their shed doors being
opened,beer cans on their property,flies,and water contamination
Tucker Marsh,20249 County Road 84,Ault,Colorado Mr Marsh said he is concerned about all the
same issues his neighbors just shared He said the road conditions continue to get worse as truck traffic
increases The potholes are horrible He bails hay on property that is cadi corner from the facility The
lights from the facility do not face down,he said it looks like a business district
Zeke Marsh,10501 County Road 84,Ault,Colorado Mr Marsh lives just down the road from the facility
He shares the same concerns as his neighbors Mr Marsh said the road conditions are bad and when he
drives his tractor down the road he bounces out of his seat He mentioned that part of the road should be
paved Mr Marsh said that he is used to the smell of dairies and farms,but the smell that already comes r--)
from this site is one of the worst smells he has came across ',
Mr Hertneky said he understands how it feels as a property owner when something comes in next to your
property He has a wind farm coming in next to his property He said ultimately it is the landowners right
to do what is allowed on their property and done responsibly
Mr Hertneky said they are working with Public Works on a road maintenance agreement for additional
road maintenance on County Roads 23 and 84 The majority of truck traffic will be encouraged to go
east
Mr Hertneky said he realizes there is odor They do the best they can to mitigate the smell
The Chair asked Mr Ogle if there are any future plans for State Highway 14 Mr Ogle responded that
last summer,turn slots were added going east and west bound and the intersection of County Road 25
coming onto Highway 14 was improved
Commissioner Hatch said that the neighbors had mentioned not getting notices He asked Mr Ogle to
explain the 500-foot rule Mr Ogle explained per direction of the Board of County Commissioners,notice
is sent to surrounding property owners who live within 500 feet from the property owner for land use
cases with the exception of power lines and substations
The Chair asked Mr Ogle to explain the benefits of this facility being under a USR with terms they would
have to adhere to versus how they currently are operating as Use by Right facility Mr Ogle explained
that there is criteria that they have to be in compliance with when it comes to odors,flies,manure
management,etc The Health Department referral identifies what those are He explained the applicant
has to meet certain thresholds If the applicant fads to be in compliance with development standards,the
applicant can be brought back in front of the Board of County Commissioners and their USR permit could
be revoked As they operate currently as a Use by Right,there are no requirements to adhere to ( \
O
Commissioner Holland asked Mr Hertneky if the conditions that are being described by these neighbors
are similar to those of other facilities he works with Mr Hertneky replied odor,noise,traffic and flies are
concerns that come with most livestock facilities He explained that there are State requirements that
have to be met and they will do their best to mitigate
Commissioner Holland asked Mr Hertneky if he has any other facilities in Weld County Mr Hertneky
said he has about 175,000 cows in Weld County
The Chair asked staff if they had any changes to the Development Standards They did not
Ms Light,Environmental Health,said that they received a lot of complaints this summer about flies and
odor because it was so wet She said that they work closely with CEPHE When they receive a
complaint,they first go to the manager of the facility to see how they are going to mitigate the situation
Commissioner Holland asked Ms Light if the landfill is regulated through Weld County Ms Light replied
both with the State and the County Mr Holland wondered if the fly issue could have been from the
landfill Ms Light said they do not receive many complaints about the landfill
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 USR23-0026 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 Wailes,Seconded by Butch White
Vote Motion carried by unanimous roll call vote(summary Yes=8)
Yes Butch White,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan,Skip
(---.1 Holland,Virginia Guderjahn
Commissioner Morgan thanked the neighbors who attended the hearing today and expressed their
concerns She shared that she lives in the country and experienced the fly issues this past summer Ms
Morgan explained that as the Planning Commission they have to base their decisions on whether the
case meets the required criteria
Commissioner Edens stated that she lives in the country next to a dairy
The Chair called for a recess and reconvened at 4 12 p m
The Chair stated that Commissioner Skip Holland left the meeting at 4 12 p m and will not be attending
the remainder of the hearings
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss
Meeting adjourned at 5 22 p m
Respectfully submitted,
& �
Michelle Wall
Secretary
O
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ATTENDANCE RECORD December
5 , 20Z3
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