HomeMy WebLinkAbout20233623.tiff v1861
1!I�1T = LAND USE APPLICATION
SUMMARY
121-----_G UNTY1
Planner: Kim Ogle Hearing Date: December 5, 2023
Case Number: USR23-0026
Property Owners: ABCD Landco, LLC, 9571 County Road 20, Fort Lupton, CO 80621
Dairy Operator: 5280 Cattle Company, LLC
Representative: THEngineering, LLC P.O. Box 337748, Greeley, CO 80633
c/o Travis Hertneky and Eris Kress
Request: Site Specific Development Plan and Use by Special Review Permit 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
Legal Lot A and Lot B of Recorded Exemption RE-4332 and part N2 of Section 12,
Description: 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
Size of Parcel: ± 311.5 acres Parcel No's. 0705-12-1-00-013
0705-12-1-00-014
0705-12-1-00-015
0705-12-1-00-016
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 Department of Transportation, referral dated August 1, revised November 29, 2023
• Weld County Department of Planning Services—Development Review, referral dated August 2, revised
November 29, 2023
• Weld County Oil and Gas Energy Department, referral dated August 3, 2023
• State of Colorado, Division of Water Resources, referral dated August 17, 2023
• Weld County Department of Public Health and Environment, referral dated August 21, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sheriff's Office, referral dated July 28, 2023
• Windsor-Severance Fire Rescue referral dated August 8, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Severance
• Enerplus Resources
• Farm Services Agency
ABCD Landco, LLC I USR23-0026
Page 1
• Colorado State Veterinarian
• Weld County Extension Office
• Pierce Lateral Ditch Company
• North Weld County Water District
• Weld County School District RE-4
• Colorado Division of Parks and Wildlife
• Department of Agriculture Animal Industry
• Colorado Department of Public Health and Environment
Case Summary:
5280 Cattle Company is an existing animal feeding operation located near Ault, Colorado. The facility is
located north of Highway 14 and west of the intersection of County Roads 25 and 84. The facility currently
is a working calf ranch that started construction in 2021. Previously the land was dryland farm ground. Day
old calves are brought into the facility from area dairies where they are raised until approximately six months
of age, when the calves are transferred back to the original dairy, to a dedicated heifer raising facility, or a
few are kept on-site. The 5280 Cattle Company facility is currently Use by Right based on the 972 acres
owned or leased by the facility.
The existing facility was designed constructed and completed between 2020 and 2022. It encompasses
phase I which is all of the calf hutch pad, the milk mixing building, commodity area and the middle group
pens and open lots. The proposed phase II expansion includes construction of a composting area located
west of the calf hutches and additional group pens and open lots east of phase I. The Use by Right
designation covered the initial startup and Phase I of the facility; however, the facility would like to obtain a
Use by Special Review (USR) permit to ensure long term operation without the necessity of leasing acres
and to allow expansion in Phase II to 25,000 animals.
The Colorado Department of Public Health and Environment's Environmental Agriculture Program (EAP)
regulates Animal Feeding Operations in Colorado through regulations for Confined Animal Feeding
Operation 5-CCR-1002-61.17 and 5-CCR-1002-81. The facility currently is operating as a Concentrated
Animal Feeding Operation registered with the EAP on December 6, 2021.
The facility consists of four (4) parcels and have no immediate neighbors. There are proposed residences
located in an adjacent parcel for employee housing. Water for the dairy operations and potable water is
provided by North Weld County Water District and the associated facility water storage tank. The facility
operates twenty-four hours a day with employees present daily 6:00 AM to 4:00 PM. There are times when
afterhours work is necessary, but this will be a rarity.The facility will have nineteen(19)full-time employees.
The facility is fenced with barb wire on the west, east and south sides with chain link fencing across the
northern boundary of the facility.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 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."
ABCD Landco, LLC I USR23-0026
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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
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."
ABCD Landco, LLC I USR23-0026
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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
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.
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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.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
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 soil 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, 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 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)
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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
and 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)
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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)
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
system (SP-2100219)which is sized for 19 employees has received final approval. (Department of
Public Health and Environment)
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)
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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)
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)
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17. 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, 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 drinking 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
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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)
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 impact or 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 Chapter 29 of the Weld
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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)
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 Operation
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
ABCD Landco, LLC I USR23-0026
Page 11
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.
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 agricultural 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.
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Page 12
DEPARTMENT OF PLANNING SERVICES
ti B 1402 North 17th Ave
Greeley, CO 80631
Website:www.weld.gov
. j N -Y Email: kogle@weld.gov
Phone: (970)400-3549
Fax: (970) 304-6498
October 18, 2023
Hertneky Travis
PO BOX 337748
GREELEY, CO 80633
Subject: USR23-0026 - Site Specific Development Plan and Use by Special Review Permit 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
On parcel(s) of land described as:
Parcel Number: 070512100014-R4217606 Legal: Lot 3, being Part N2 of Section 12, T7N, R67W of the
6th P.M.,Weld County, Colorado.
Parcel Number: 070512100015-R4349606 Legal: Lot A RE-4332; being Part N2 of Section 12,T7N,
R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 070512100016-R4349706 Legal: Lot B RE-4332; being Part N2 of Section 12,T7N,
R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 070512100013-R4217506 Legal: Lot 2; being Part N2 of Section 12, T7N, R67W of the
6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 5, 2023 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
20, 2023 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://accela-
aca.co.weld.co.us/CitizenAccess
Res fully,
Kim le
Plan r
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