HomeMy WebLinkAbout20221343.tiffRESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 2
This amendment is requesting to add two (2) full-time employees and two (2) part-time employees.
The new shop will add 7,800 square feet of building footprint. Since, the number of employees and
the square footage of buildings has increased staff is requesting and additional nine (9) parking
spaces be added to the site for a total of seventeen (17) parking spaces including the two (2) ADA
parking spaces.
The hours of operation for the RV storage facility are proposed to be changed to 24 -hours a day 17 -
days a week. The rental equipment area is also proposed to be 24 -hours a day 17—ciays a week.
The hours of operation for the seed dealership and Mosquito Joe's are 6:00 a.m. to 8:00 p.m. 7 -days
a week. The seed dealership is open eight (8) weeks in the spring, from April 15' to May 315' and
Mosquito Joe operates from April to October. The other times of the year the seed dealership and
Mosquito Joe will not have regular office hours. The applicant is requesting that the hours of
operation for the fertilizer sales portion of the business be 24 -hours a day / 7 -days a week also.
Section 22-2-10.C. states, "Harmonize development with surrounding land uses." and Section 23-2-
10.C.1. states, "Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts."
The existing RV storage facility is surrounding by a 6 -foot chain link fence and in order to discourage
theft there are no slats in the fence. The original application materials stated that some native
grasses and possibly some evergreen trees were going to be planted around the perimeter of the site
and the detention pond. Currently there is no landscaping on the site. The applicant is proposing a
ten (10) foot wide washed -rock strip located north of and adjacent to County Road 46 between the
businesses and the road as landscaping. Staff is requesting a Screening Plan for this facility.
The current structures on the site include: a 40' x 240' three -sided RV storage building and a 4,160 sf
building that has a 960 sf office area and a 3,200 sf warehouse space. The future buildings proposed
for the site include: one (1) 32' x 20' office addition, one (1) 40' x 230' 3 -sided building, one (1) 50' x
275' building, one (1) 40' x 240' building, and one (1) 40' x200' building. Except for the office addition
all these buildings are slated for storage of either of RVs or seeds. Since only two (2) of the seven (7)
buildings have been built there is room on the site for about 200 spaces for the outdoor storage of
RVs. This major amendment will add a 7,800 sf shop, three (3) 500 gallon above -ground fuel tanks,
six (6) cargo containers, and multiple fertilizer storage tanks.
The access point will be moved a little bit to the east, and a second stormwater detention area will be
built on the newly added four (4) acres. Except for the change in the hours of operation there will be
no expansion to Big Bend Boat and RV Storage, Winter Seed and Ag Services, Mosquito Joe, or the
equipment rental business.
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."
In 2017 the original USR was approved under Section 23-3-40.S. which allowed for uses such as RV
and boat storage to be placed in the Agricultural Zone. A seed dealership was also approved with the
original USR. The Minor Amendment, 1 MUSR19-17-0003, was approved by staff in 2019 and added
Mosquito Joe and an equipment rental business. Mosquito Joe is sharing office space with the seed
dealership company and requested to park two (2) commercial vehicles in the storage yard. Mosquito
Joe has increased the number of commercial vehicles on the site to sixteen (16) and the applicant
has stated that twelve (12) of those vehicles will be stored inside the new 7,800 sf shop and the other
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 3
four (4) vehicles will be parked outside. The seed dealership and the fertilizer storage and sales
businesses will have five (5) trucks and three (3) spray rigs which will be parked in the new shop or
seed warehouse when not is use and during the busy season these vehicles will be parked outside.
The equipment rental business includes the renting of U -Haul type moving trucks, moving and utility
trailers, and mobile storage containers, however, as of April 2022 this business has not yet been
established. The current uses on the site include an office and storage facility for Winter Seed and Ag
Services, Big Bend Boat and RV Storage, and Mosquito Joe.
This Major Amendment is a request to add fertilizer storage and sales. Fertilizer retail, wholesale and
service establishments are listed in the Weld County Code in the definitions Section 23-1-90 under
Agricultural Support and Service. This use is consistent with the intent of the A (Agricultural) Zone
District.
Per Section 23-3-35.A. Agricultural support and service is allowed in the A (Agricultural) zone per a
Zoning Permit (ZPAG), however, since this is currently a USR and the boundary of the USR is
increasing by about four (4) acres per LLA22-0004 this request is considered a major amendment to
an existing USR.
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 primarily of pastures, crops and rural residences. The Union Pacific
railway (UPRR) is on the north and west boundary and there is a dairy south of the site (SUP -31).
The closest residence is located on the same parcel as the dairy and is approximately 125 feet south
of the subject property.
There are eight (8) USRs within one mile of the site. With three (3) of the eight (8) USRs being
located west of Highway 85, the site is located east of Highway 85. USR11-0010 for an oil and gas
support and service facility, USR13-0012 for agricultural services, and USR-1053 for seed production
are all located northwest of the site on the west side of Highway 85. USR17-0050 for a greater than
12 -inch high-pressure natural gas pipeline is located west of Highway 85 and travels under Highway
85 just south of the site. USR11-0016 is a 12 -inch natural gas pipeline and it crosses the subject
property along the north/west boundary adjacent to the Union Pacific railway. There is an easement
on the subject property for this pipeline. USR-31 for a dairy is located south of and adjacent to the
site. MUSR12-0004 for onion storage a processing and USR18-0092 for vehicle repair and service
are located south of the site along County Road 44.
Eight (8) Surrounding Property Owners (SPO) within 500 -feet were notified of the requested
amendment and the Department of Planning Services has not received any comments, electronic
mail or telephone calls regarding the proposed modifications.
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 located within the Coordinated Planning Agreement Area (CPA) for the Town of LaSalle
and the City of Evans. As part of the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The Town of LaSalle submitted a Notice of Inquiry dated January 18, 2022, and the
City of Evans submitted a Notice of Inquiry dated January 27, 2022, both stated that they have no
interest in annexing the property
The site is located within the three (3) mile referral area for the Towns of LaSalle and Gilcrest and the
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 4
City of Evans none of the municipalities responded with referral agency comments.
The comprehensive plan map for the Town of LaSalle shows the site as a possibly switching station
location.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not located within any overlay district officially adopted by the County, including A -P
(Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Special Flood Hazard Area, Historic Townsite Overlay District, or the Agricultural
Heritage Overlay District boundary.
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 primarily designated as "Prime farmland if irrigated" with low slope, Olney sandy loam
soils. There is a small portion of "Farmland of statewide importance" located in the southwest corner
of the site with low slope, Vona sandy loam soils per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report prepared February 4, 2022. Similar findings are presented in the
West Greeley Conservation District referral, dated February 14, 2022. The four (4) acres that will be
added to the existing RV facility are "Prime farmland if irrigated." The existing uses on the property
have been there since 2017 and the four (4) acres that will be added are not on "Prime Farmland" so
this amendment will not remove any irrigated agricultural land from production.
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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall record Lot Line Adjustment (LLA22-0004). (Department of Planning Services)
B. The applicant shall address the requirements of the Central Weld County Water District, as stated in
the referral response dated February 17, 2022. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. A Screening Plan shall be submitted to and approved by the Department of Planning Services that
screens the site from the surrounding property owners and rights -of -way. (Department of Planning
Services)
D. 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)
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 5
E. Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR22-17-0003 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) Show and label seventeen (17) parking spaces including the two (2) ADA parking spaces.
(Department of Planning Services)
5) The map shall delineate the screening in accordance with the approved Screening Plan.
(Department of Planning Services)
6) County Road 46 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)
7) Lot A borders the Union Pacific Railroad right-of-way. Show the Union Pacific Railroad right-of-
way on the plat. (Development Review)
8) Show and label the proposed access location, acceptable access width, and the appropriate
turning radii on the site plan. Label the existing access location as "close and reclaim."
(Development Review)
9) Show and label the approved tracking control on the site plan. (Development Review)
10) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Development Review)
11) Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a 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.
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 6
3. In accordance with Appendix 5-J of the Weld County Code, should the Major Amendment to this Use
by Special Review 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.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
5. Prior to Certificate of Occupancy:
A. An On -Site Wastewater Treatment system is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System (OWTS)
Regulations. (Development of Public Health and Environment)
6. Prior to Operation:
A. The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated March 3, 2022. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County Office of
Emergency Management)
7. 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.
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 7
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Sam Gluck
Pamela Edens
Michael Palizzi
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.
Butch White
Michael Wailes
Skip Holland
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 3, 2022.
Dated the 3,6 of May, 2022
43N,6661 -1L- YqatzLipt.,
Kristine Ranslem
Secretary
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sandberg George L. Irrevocable Trust do Jeff Winter
2MJUSR22-17-0003
1. A Site Specific Development Plan and 2nd Amendment, No. 2MJUSR22-17-0003, to Use by Special
Review Permit No. USR17-0003 for an office and storage facility for a seed dealership, indoor and
outdoor storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi -trucks,
eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage and
sales, three (3) 500 -gallon above ground fuel tanks, and more than the number of cargo containers
allowed by Section 23-3-30 of the Weld County Code (up to 6 cargo containers proposed) 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 for Big Bend Boat and RV Storage, the rental equipment business, and the
fertilizer storage and sales shall be 24 -hours a day 17 -days a week. (Department of Planning Services)
4. The hours of operation for the Winter Seed and Ag Services and Mosquito Joe of Northern Colorado
shall be 6:00 a.m. to 8:00 p.m. 7 -days a week. The seed dealership is open eight (8) weeks in the
spring, from April 1s1 to May 315' and Mosquito Joe of Northern Colorado shall operate from April to
October. The other times of the year the Winter Seed and Ag Services and Mosquito Joe of Northern
Colorado will not have regular office hours. (Department of Planning Services)
5. The owners shall be the employees for Big Bend Boat and RV Storage and Winter Seed and Ag
Services, LLC. There shall be three (3) full-time employees and twelve (12) part-time employees for
Mosquito Joe of Northern Colorado and there shall be two (2) full-time employees and two (2) part-time
employees for the fertilizer storage and sale business. There are currently no employees for the rental
equipment business because as of the date of the approval of this Major Amendment this business had
not been established. (Department of Planning Services)
6. Mosquito Joe of Northern Colorado shall have up to sixteen (16) commercial vehicles. (Department of
Planning Services)
7. Winter Seed and Ag Services, LLC and the fertilizer storage and sales business shall have five (5)
trucks and three (3) spray rigs for a total of eight (8) commercial vehicles. (Department of Planning
Services)
8. The existing and proposed screening on the site shall be maintained in accordance with the approved
Screening Plan. (Department of Planning Services)
9. The parking area on the site shall be maintained. (Department of Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
11. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. (Department of Planning Services)
12. No hazardous materials shall be stored on site. (Department of Planning Services)
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 9
13. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'h of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
14. 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)
15. 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)
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
17. 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)
18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
19. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
23. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
24. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
25. 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)
26. This 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)
27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
28. 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)
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 10
29. Any additional hydraulic load to any existing On -site Wastewater Treatment system will require an
Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be
submitted to the Weld County Environmental Health Department. In the event the system is found to be
inadequate, the system must be brought into compliance with current Weld County On -site Wastewater
Treatment System Regulations. (Department of Public Health and Environment)
30. Portable toilets and bottled water are acceptable for 10 or less customers or visitors per day and/or 2 or
less full time (40 -hour week) employees on site. 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, contain hand sanitizers and be screened from existing adjacent residential properties
and public rights -of -way. (Department of Public Health and Environment)
31. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
32. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges from
Surface Cosmetic Power Washing Operations to Land July 2010" as provided by the State.
(Department of Public Health and Environment)
33. 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)
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.
35. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2018 International Energy
Code, and 2020 National Electrical 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.
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
37. 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.
38. 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.
39. 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.
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 11
40. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date 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.
41. 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.
42. 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.
43. 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
RESOLUTION 2MJUSR22-17-0003
GEORGE L. SANDBURG IRREVOCABLE TRUST, ATTN: JENNIFER WINTER AND MICHELLE FRIED, C/O
WINTER SEED AND AG SERVICES, LLC
PAGE 12
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.
drainage report be submitted by a professional engineer Mr Holland said he is concerned as it seems like
it is going the wrong direction relative to gravity and also expressed concern with what comes out of the
pond Ms King said that they also review water quality while they are reviewing the detention pond
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Tim Wojahn, 21775 CR 35 5, LaSalle, Colorado, stated that he is concerned with roads in that area He
submitted photographs of County Road,35 5 for the record He noted that last year the county put road
base down on County Road 35 5 and it is like a clay black muck He added that when it rains heavy
between County Roads 46 and 35 5 it fills up with water as there is no drainage He expressed concern
with the new road construction with the closing of County Road 46 and the Peckham area redeveloped he
said it will be a mess and something needs to be done with the roads Commissioner Cope asked Mr
Wojahn to bnng these concems up at the County Commissioner heanng so that they are aware of these
issues Mr Wojahn said that with the closing on County Road 46 the traffic will increase and is his biggest
concern
Doug Pnnce, 22357 CR 37, stated that his concerns are mainly with the traffic and the crossing on County
Road 46 that will close over the railroad traffic He added that supposedly there is to be a secondary rail
line that is proposed to be installed in the future and is a trade off with the State He said if that happens
there will no longer be a connection between County Roads 46 and 35 and asked if those roads would
terminate at that point Mr Pnnce said that there is a high-pressure gas line that runs through the storage
facility and also three (3) well heads on the northeast corner and asked if that is a concern with the fertilizer
facility
Tom Potter, 17511 CR 46, lives to the east of this property He expressed concern over the additional
cargo containers and suggested budding a larger structure to store items in the building so there are less
cargo containers He stated that there is an existing cargo container in the front of the budding currently
and he added that he hasn't seen a budding permit for that cargo container Mr Potter stated that he has
observed RV repair work on their lot and believes it is a violation of their permit He added that he is
concerned with discharging onto neighboring property for stormwater and increased traffic based on more
business in the area
Mr Winter said he understands that County Road 46 and the interchange with County Road 35 is not going
to change He added that they will close the crossing over the tracks to Highway 85 With the new
overpass on County Road 44 the bulk of traffic will remain on County Road 35 and he added that they
project that 80 percent of the traffic will go that way He said that he has a handful of clients that farm to
the east of him and they do come down County Road 46
With regard to concerns with County Road 35 5, it has been a concern for some time He added that there
is no borrow pit and the road is below all of the irngation ditches and it is a mess when it rains He said
that with asphalt being on County Road 35 they project 99 9 percent traffic will be on County Road 35 to
stay off of the gravel road
Mr Winter referred to the gas wells and understands that they are to be closed in but doesn't have a time
frame of when that will happen He added that the wells are not active Mr Winter further added that liquid
fertilizer does not have a huge flammable point and the tanks will be self-contained inside a containment
area that will control itself and will not get into any of the groundwater
Mr Winter referred to the high-pressure gas line and said that a is located on the property line and not
under any buildings
Mr Winter referred to the cargo container and said that he understands that he is allowed up to two (2)
storage containers on site He added that they are proposing up to six (6) cargo containers to separate
items such as propane, fuel, etc away from the seed warehouse He said that they can move the containers
onto the north side where the building can act as a natural screen if a is a visual concem
Mr Winter said that he is not aware that there has been any maintenance on RVs He said that he is aware
of wintenzing of the RVs, but maintenance is not allowed
2
Commissioner Cope asked what the natural slope of the property is Mr Winter said that it was a flood
irrigated farm and added that there is a very slight slope west to east when they irrigated Mr Cope referred
to pumping water from the detention pond and stated that State Law basically says that you are required
to discharge in its natural location He said that he is a little concerned that if you are pumping out of the
detention pond if that is really following the natural direction Mr Winter said that with relocating that pond
there is a chance that they won't have to put those pumps in and it should be able to flow as it fills Mr
Cope understands that it still needs to be worked out but it looks like if you are discharging nght near your
property line and it could have an impact on the neighboring property Mr Winter noted that there is a little
bit of a natural ridge there as well
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 2MJUSR22-17-0003 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 Butch White, Seconded by Michael Wades
Vote. Motion passed (summary Yes = 4, No = 1, Abstain = 0)
Yes Butch White, Elijah Hatch, Michael Wades, Tom Cope
No Skip Holland
Commissioner Cope said that dunng final site review he thinks the County needs to make sure that drainage
is proper and also the stormwater discharge requirement has more to do with sediment than fertilizer He
added that it should be reviewed and considered' to make sure that fertilizer is not getting into the
stormwater
Commissioner Hatch appreciates Staff with their work on this project and agrees with Commissioner Cope's
comments regarding the water issue He added that it is important to make sure that we have clean water
going back to our systems
Meeting adjourned at 3 32 pm
Respectfully submitted,
4 ialU
Knstine Ranslem
Secretary
3
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