HomeMy WebLinkAbout20233637.tiff LAND USE APPLICATION
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Planner: C. Gathman Hearing Date: December 5, 2023
Case Number: USR23-0036
Owner: Rooster Land Company, LLC
9743 County Road 16, Fort Lupton, CO 80621
Representative: THEngineering, LLC —Travis Hertneky
PO Box 337748, Greeley, CO 80633
Site Address: 17171 County Road 22, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and Use by Special Review for a Livestock
Confinement Operation (Calving Facility for up to 2,000 Cows associated with an
existing onsite use by right dairy) in the A (Agricultural) Zone District
Legal Lot B Recorded Exemption, RE-712; Part SW4 of Section 12, T2N, R66W, of the 6th
Description: P.M., Weld County, Colorado
Location: North of and adjacent to County Road 22 and approximately 0.5 miles west of County
Road 37.
Size of Parcel: ± 134.61 acres Parcel No. 1309-12-0-00-017
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:
➢ Weld County Department of Public Health and Environment, referral dated August 14, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated July 27, 2023
➢ Colorado Division of Water Resources, referral dated August 16, 2023
➢ The Farmers Reservoir and Irrigation Company, referral received July 31, 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 26, 2023
➢ Colorado Department of Transportation (CDOT), referral dated August 15, 2023
➢ Platteville-Gilcrest Fire Protection District, referral dated July 27, 2023
➢ Weld County School District RE-3J, referral dated August 8, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ Department of Planning Services —Code Compliance
➢ Platte Valley Soil Conservation District
➢ Colorado State Veterinarian
➢ Colorado Department of Agriculture — Division of Animal Industry
➢ Platteville-Gilcrest Fire Protection District
USR23-0036—Rooster Land Company LLC
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Case Summary:
This request is to expand an existing confined animal feeding operation to up to 2,000 cows. The site was
historically used as a dairy. Several buildings and structures (maternity barn, shade structures, parlor...)
were applied for in 2022 and have been constructed as a use by right operation. Dairies and livestock
confinement operations are a use by right if the number of cows onsite does not exceed six (6) cows per
acre. The request would increase the number of cows (at its maximum requested capacity)to just under
fifteen(15) cows per acre. No additional buildings and structures are proposed under this request. The
application indicates that this facility supports other dairy operations in the area. The proposed expansion
would support cows/heifers would be transported to the site three (3) months prior to calving, calve and
then milked fora couple of days prior to returning to offsite dairy operations. The application states that it
will be unlikely that the facility will operate at the maximum capacity of 2,000 animals with a typical stocking
level of 1,000 animals. The applicant is proposing the additional capacity of 2,000 animals to accommodate
seasonal fluctuations in animal numbers. A new septic system was installed when the dairy was renovated
under SP-2200190. Two wells (74583-F and 745584-F) which are permitted for commercial use and
livestock are utilized on site. The application estimates that 6.5 trucks trips per day and 8.5 car trips are
associated with the USR. Five (5) full-time employees (three (3) day shift employees and two (2) night shift
employees) are associated with the operation according to the traffic information provided with the
application. The facility is registered as a Confined Animal Feeding Operation (CAFO) with the Colorado
Department of Public Health and Environment, Environmental Agricultural Program.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 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."
This is an existing livestock confinement operation (dairy). No new buildings or structures are
proposed under this application. The Department of Planning Services has checked the
compliance record and there is no record of a violation regarding operation of the existing
facility since it was purchased by Rooster Land Company LLC in spring of 2022.
Section 22-2-30 Land Use Goals
Section 22-2-30.C. Harmonize development with surrounding land uses.
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 facility. The applicant is proposing to expand the animal units allowed
in an existing facility.
The Weld County Right to Farm Statement states in part: "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."
Sec. 22-2-50.8.3. Prevent surface and groundwater contamination.
The facility is required to maintain compliance with Colorado Water Quality Control regulations.
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A Development Standard is attached requiring that there will be no discharge of manure or
process wastewater except as provided in the approved Colorado Discharge Permit for the
facility. The facility will have to adhere to development standards regarding nuisance
management, odor, waste management that do not apply to use by right Confined Animal
Feeding Operations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses.
Section 23-3-40.O lists Livestock Confinement Operations as a Use by Special Review in the
A (Agricultural) Zone District.
This use supports agricultural activities and activities related to agriculture. This proposed use
supports an agricultural related use (dairy). Dairies support other agricultural activities and
businesses in the county (crop production).
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. 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 facility.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The closest residence is
about one-tenth of a mile north.
According to county records there are multiple oil and gas support USRs within one mile of the
site. USR21-0021 (compressed natural gas fuel station), 3rd AMUSR-1002 (natural gas
processing facility), 2AMSUP-211 (natural gas compressor facility), 1MUSR19-12-0023
(natural gas processing facility),MUSR14-0010 (oil and gas processing facility), 1 MUSR18-12-
0074 (greater than 10-inch natural gas pipeline and pump station), MUSR12-0006 (natural gas
plant), USR12-0050 (greater than 10-inch natural gas pipeline), USR14-0067 (electrical
substation), USR21-0005 (compressed natural gas station), MUSR14-0022 (natural gas
pipeline), USR18-0077 (36-inch crude oil pipeline) are located within one mile to the west and
southwest and USR-701 (accessory structure) is located within 1-mile to the east of the site.
The Weld County Department of Planning Services sent notice to ten (10) Surrounding
Property Owners. Planning staff received correspondence from two (2) surrounding property
owners within 500 feet of the parent parcel. One (1) letter outlining concerns about the
expansion being incompatible with the surrounding area (nearby residential lots), traffic noise
during all hours of the day,potential traffic hazards with traffic(semis)pulling onto County Road
22 in this location, concerns with the amount of manure onsite as well as the odor generated
from the facility. The other letter expressed concerns with increased manure and flies that
would come with the expansion. Concern with the proximity of the existing operation (and
proposed expansion) to their residence. The letter expresses concerns with the increase in
flies, odor and manure that has come from the expansion of the operations. Lights from the
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operation shining into their bedroom. The letter also indicates that operations start early
(around 4 AM) and there is frequent noise from beeping trucks associated with the facility.
The Conditions of Approval require that the Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region. Weld County is a Right to Farm
County. It should be noted that livestock confinement operations that require a use by special
review permit requires submittal and adherence to a waste management plan and nuisance
management plan to address and mitigate flies, odors and manure associated with the
operation. Additionally, a lighting plan is required to be submitted and accepted by the
Department of Planning Services and a Development Standard is attached that requires the
operation to comply with Commercial Noise limits delineated in Colorado Revised Statutes.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the 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 not located within a three-mile referral area or within a Cooperative Planning
Agreement boundary of a municipality.
E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld County Code.
The property is not located within any overlay district officially adopted by the County, including
A-P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-
wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the 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 facility is located on soils identified as Farmland of statewide importance, Prime farmland
if irrigated and the product of I (soil erodibility)x C (climate factor)does not exceed 60, Not
prime farmland and farmland of importance. This is an existing livestock confinement facility,
and no additional improvements and buildings are proposed.
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, VVeld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Final Traffic Analysis Report shall be submitted. (Development Review)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Development
Review)
C. A Lighting Plan shall be submitted and accepted by the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall acknowledge the comments of the Division of Water Resources as stated
in their referral letter dated August 16, 2023. Written evidence of such shall be provided to the
Department of Planning Services. (Division of Water Resources)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0036 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the VVeld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
7. The map shall delineate the parking area forthe vendors, customers and/or employees.
(Department of Planning Services)
8. Show and label all recorded easements and rights-of-way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
9. CR 22 is a paved road and is designated on the VVeld County Functional Classification Map
as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate and label on the site map 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
VVeld County. (Development Review)
10. County Road 35 is an unmaintained section line right-of-way. The applicant shall verify
and delineate on the map the unmaintained right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is
not maintained by Weld County. Any unmaintained road needs to be located/identified in
relationship to the right-of-way. Show and label the section line Right-of-Way as "CR 35
Section Line Right-of-way, not County maintained." (Development Review)
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11. Show and label the existing permitted access points onto CR 22 and the usage type
(Agriculture, Residential, Commercial/Industrial, or Oil and Gas). (Development Review)
12. Show and label the required tracking control. (Development Review)
13. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a 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. The Use by Special Review 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 map 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
Rooster Land Company LLC
US R23-0036
1. A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement
Operation (Dry Cow Facility for up to 2,000 Cows to support an existing onsite use by right dairy)
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 (24) twenty-four hours a day Monday through Sunday. (Department of
Planning Services)
4. The number of on-site employees shall be up to up to five(5), as stated in the application materials.
(Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
7. 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)
8. 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)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
11. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
12. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Development Review)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
14. All liquid and solid wastes (as defined in the Solid VVastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed forfinal disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid VVastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
16. 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 VVeld County Code.
(Department of Public Health and Environment)
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17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
19. Any On-site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. (Department of
Public Health and Environment)
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For employees or contractors that 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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 VVeld 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 VVeld
County Health Officer,there exists an odor condition requiring abatement. (Department of Public
Health and Environment)
26. 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 ordeg radewaters of the State, in violation of Colorado Water Quality Control
Commission Regulation Number 81. (Department of Public Health and Environment)
27. 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)
28. 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)
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29. 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)
30. 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)
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. 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)
33. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of
Planning Services)
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
35. 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 VVeld County: 2018 International Building
Codes,2018 International Energy Code, 2020 National Electrical Code,and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
36. 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.
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
38. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
39. Necessary personnel from the VVeld 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.
(Department of Planning Services)
40. 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. (Department of Planning Services)
41. 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. (Department of
Planning Services)
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42. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
43. A Use by Special Review shall terminate when the USE is discontinued fora 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.
44. 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.
45. 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 people 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.
46. 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 VVeld 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;odorfrom
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.
USR23-0036—Rooster Land Company LLC
Page 10 of 11
Water has been, and continues to be,the lifeline forthe 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 fourthousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hund red (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, sand burs, 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.
USR23-0036—Rooster Land Company LLC
Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
ti B 1402 North 17th Ave
Greeley, CO 80631
Website:www.weld.gov
. j N -Y Email: cgathman@weld.gov
Phone: (970)400-3537
Fax: (970) 304-6498
October 19, 2023
Travis Hertneky
PO BOX 337748
GREELEY, CO 80633
Subject: USR23-0036 - A Site-Specific Development Plan and Use by Special Review Permit for a
Livestock Confinement Operation (Dry Cow Facility for up to 2000 cows) in the A(Agricultural) Zone
District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE-712, PT SW4 SECTION 12, T2N, R66W 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
Respectfully,
Chris Gathman
Planner
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