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Home My WebLink About20201709.tiff RESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0039 - PROSPECT VALLEY GRAIN, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated November 7, 2012, the Board approved the request of Prospect Valley Grain, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0039, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, on the following described real estate, to- wit: SW1/4 of Section 27, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Prospect Valley Grain, LLC, 0949 County Road 67, Keenesburg, Colorado 80631, to partially vacate Use by Special Review Permit, USR12-0039, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant shall submit a revised USR map, titled "Amended Use by Special Review Permit, USR12-0039", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR12-0039, be, and hereby is, partially vacated, with the abovementioned condition, with said map to be titled and recorded as Partial Vacation of Use by Special Review Permit, USR12-0039. 4635227 Pages: 1 of 2 09/30/2020 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii WM tiIlI'IIN IM MINIM':U.411411111 c.c, PLC oat TO, a-PPL —111012a2-O 2020-1709 PL2184 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0039 - PROSPECT VALLEY GRAIN, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: di:awl) w ,11 Mike Freeman, Chair Weld County Clerk to the Board Steve oreno, P -Tem BY. Q,. eputy Clerk to the Board +.` E�,��; t K. James APP ED AS T OR >r ��,,;ti ��;s�L.�.% ! <' / ► 61 �j = rbara Kir. - =i ounty At :ney Kevin D. Ross Date of signature: apJaat.9.0 4635227 Pages: 2 of 2 09/30/2020 12:53 PM R Fee:$0.00 1I III 2020-1709 PL2184 MEMORANDUM •,,�- � , To: Board of County Commissioners From: Diana Aungst, Planner II UNTY Partial vacation of USR12-0039 — agricultural Subject: service establishment Date: June 17, 2020 The Department of Planning Services received the attached letter on March 5, 2020 from Leon Zimbelman requesting a partial vacation of USR12-0039. The applicant has submitted a recorded exemption application to split the parcel on which USR12-0039 is located. USR12- 0039 will remain on Lot A of RECX19-0055 and be removed from Lot B of RECX19-0055. If this partial vacation is approved the applicant will need to submit a revised USR map for USR12- 0039 per Section 23-2-280 of the Weld County Code. The Department of Planning Services is recommending approval of this partial vacation. Background information: Legal Description: Being a part of the S2SW4 of Section 27, T1 N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 4 and east of and adjacent to CR 67 November 7, 2012: USR12-0039 was approved by the BOCC on November 7, 2012, for: A Site Specific Development Plan and Use By Special Review Permit, USR12-0039, for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District — Prospect Valley Grain, LLC OC°/O g d" OCO /10 — '1' AMENDED USE BY SPECIAL REVIEW USR12-0039 \ \ Part of the Southwest 1/4 of Section 27. Township 1 North, Range 63 West of the 6th P.M., I RD.. rax,..o.. County of Weld, State of Colorado / I / I / I / Sheet 1 of 2 I / I / ———J // g @———J // B LEGEND:ED.SEPTIC TANN PROPERTY DESCRIPTION: / § — / a cOE4O RP,Zia, R O Z a 2RE x,x P....cowl.,.or xEFo.'A , §/ ®\-1 _ _ OWNER'S CERTIFICATE .• �MRD• ER of s OF *kg v Ne E A's's.W.or°'"�II'rK m•°Fnv"E eaooe 1M.rxmcxrc w DnOR o R 9""o R . _ -EXIST.NIPPED AP :'',P&P. W Rm,r.. USES x20 wS 9. =r. 0C.,n' VICINITY MAP: 1" = 2000' VICINITY MAP: 1" = 2000' zca.R42,,al,we mg.==raw.arras NE 6Y LEON 4660666 COMTE OF STATE v I55 PO PANTY VACATION OOP NOT CREME A SPAN.P MOM ,,,,,,,,,,,, 569'02'.55 636.34 9mrn n PAO x50 SEAL PLANNING DEPARTMENT APPROVAL: PIS PLAT 15 ACCEPTED AND APPROVED FOR ilLIMG. tl POP Om5O 5x6 xE5.wr P, .xO SONIC.DIRECTOR / ———— x OaxO c PI ROx PPS PAxO.EEEPED. ME 05.2E DRIVE M2 PT Or WI 77 `` \\ SLAT[Cr }SS Fsa I I \ 1 x COMMON EXPIRES. 568 I I I oR a 8 I I EDO( ^ / "g 9,xEss w FPO HP sr.. / Y3 a w 1 1\ "C4)\)/ / il — / a� BOARD OF COUNTY COMMISSIONERS APPROVAL: 1 n \ 005000 0060 / - E 006905 AS 59060 AP 665066 ED 066005 NM m.OF srEcei RENEW rxD 20 ~ ₹ =12Exr O LS f i——————r�O„+�I ,,R,, .nE5,..r,D DC OF CO ro a.Rx ,Rr ERS ia 2 50 a D aR5ro THE 6mm o� /----1 ; \/-----\/-----\ P \ I II 11 1I I \ \_„/ s. ../ \—/ \—/ " - I�a 1 1\3 \ i `T \ -- c \ 30_TER r,SE.65(RFC P POP.,)DEC-,9.2«,3 / \ - - 5BY02.45T 6353, ---- - -- COUNTY ROAD NO. 4 POPP 2s Dvv r rs mr rwuonxc sa,s c,..mrxw2wxs. ism I60 Rx mi z.21.00..o.POOP 51; 0006COLIN 59 PENCE 2 SLOPES GRAPHIC SCALE E sD --De `�Ld.G Land Surveying Co. „ ,,D 3 . 0 50 100 150 A r EA Merl,m ONE•P.-303-0,13120,131t F.03-.5,01,73•mn.w.v„ SC/I DR696 n.o.I oeo®m...i OPE.POI s 2020 20 60 20- I na:Z:Q,-2x31,R_R>Ms0TPr 065x5'90200 LP,2-awe.we AMENDED USE BY SPECIAL REVIEW USR12-0039 NEST r q.wn SEC n� Township Part of the Southwest 1/4 of Section 27, 1 North, Range 63 West of the 6th P.M., f County of Weld, State of Colorado Sheet 2 of 2 Le IA 105.06. ID 373,7,rE AGM I S /�,\ GRAPHIC SCALE Le /J — -- -- -a-r.r 0 100 Zan 300 / , I __ _ __ \ 10. cra.w MS,' ,r,e N, „Netrot s z, .0 ie / .,N i -"° �� LEGEND: / r„�^Fc \ •-ALIQUOT uow. laf,u Nmm- Son / Art Ela r. 1 / \ SET s/e-.:.- vw, m r ALUMNI.GP P. .PIS I _ rfei"Tb�rl ewsr vNavENry LNE "Ln.Nr.n roa , PORTION VACATED FROM • USR12-0039 \ i�/,,... \ LOT B, RECX19-0055 �__ !� F.";„,,,, \ \ \ I I Ac i,rl \ I Y i� n E g n • I I ..64g ; , 8 r I a1 o I D \\\\: I 33" ,. OEM , SEE SHEET 2 'mac,.' •3') i , 1` �\ FOR DETAIL \ .\ •— ' ) -\----6.3”—,-- w ---\\ -mN- ;\ . ---74 SOUT11 cat emsv�3f°-'°xu�NN COUNTY ROAD NNcc.No.r3zm> w KSSzznve�r cwN��,r Ceinierib Xeel Land Surveying Co. Corpoa»a Mel mA.vi Nr:co,P I unm et.0 I n',mum,3,tom w,NP 20- fit DV-2,IN_NA,.,ATa PANS,ACNOCO NRN„bn..P,-„ ® CASE r NUMBER: USR12-0039 - ' ® REQUEST: PARTIAL VACATION (ASSOCIATED WITH • • VIER: PROSPECT VALLEY GRAIN, LLC C/O LEON ZIMBELMAN • PLANNER: U DIANA AUN :: ST ® LOCATION : N • RTH OF AND ADJACENT TO CR 4 AND EAST OF AND ADJACENT TO UCR 67 ® LEG A L DESCRIPTION : BEING APART OF THE S2SW4 OF SECTION 27, TIN, R63W OF THE 6TH P. M ., WELD COUNTY, _� _.._ __ .._ „__.�_ .r �,_ �._ _ __ . . _ __._.5 UI lommimieltenill Li VicinityMap1 - / • Ises INIIS IIMPOIVIMIO j I Din I r:.1 IT41 . , LIMO "‘e' I I 1 I wcRs I, n _ gle } -1 g 3 O i II Manila a L -1 P. 1/(1 \ , , • . t G III0 cit i .cewCR 6 ,..) / . , , . � - fl, i ce seal rly LT1 . . . 1 i ' 44E, 1 , E, 04 . •. : ". . . .. . . I . _ . , .. o __, . !:. . .. .. { .... , ish ..• . : , , . . , 11-#) r WCR4 :, . :. ase SIMS'S - an I II INI I. CI I. • _ __es, • _ N LID Lii I 11h. ' ' wcR2 •USRs inthe �.area 1 I GRAVEL' PIT _ SUP-483 a - ell 1 GRAVEEL II INI G / — .\,, . i 1ts* es POWER LINES 115 KV j In i 4-49 7-7; gt U iN \N: \ W9RS 1i I hs_ I! iseirismigsamige I in a Cs) i _: 0 U SR 12-0039 AGRICULTURAL SERVICES W _ 4 _ I m a \\, .......< r 1 :-SY 1a.?3 a•-.1+s • ."•: r .0Ft . --f '. • . ' j ' _ .. :1✓' ' .'4 ' c _ 4. . - �. /\ erial .. t s ...et - ) I IL, . • , . . . i. : . . . . . . .,, _.. , . - .... ., , a J. • _ .yam, a.0 , - • .. - _... _ —_..t. q• 7I . .... _ i . \ _ 1 r . 4 .,:_4. . 66:: _...: . .ir.' i ...16.1.* . . .:.. i 1.r ... ... . • vs - . . -e ' - • ir - • - ' . , - r , - e N. • * r .. =;, - :4- \ 11 4 . _ - i , - - t.4 4es i 1 • •- N...." ..w- - 4 - ,1t . _y 14 r' J _ •• . -i-_ i-In _ 1 . I 44• S -lialbdIN .. *11 ,ik. • , ' - ' 1. - ` �� , < SD . . 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I 41 e' �, 1, March 5, 2020 Weld County Planning USR 12-0039 We here by request a vacation of the USR from lot B. We would like to only have the USR on lot A. Prospect Valley Grain 0949 CR 67 Keenesburg, CO 80643 303-435-7951 Leon Zimbelman 2020-1709 ODPY RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0039, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: GRAIN ANDIOR FEED ELEVATORS, GRAIN AND FEED SALES, COMMERCIAL GRAIN STORAGE AND DRYING, SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING AND SALES AND RETAIL AND WHOLESALE OF PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE AGRIBUSINESS AND AGRICULTURAL USES (PROSPECT VALLEY GRAIN, LLC - GRAIN AND SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALE HOUSE, OFFICE AND SUPPORT AND STORAGE BUILDINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PROSPECT VALLEY GRAIN, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of November, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Prospect Valley Grain, LLC, 0949 County Road 67, Keenesburg, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0039, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: SW1/4 of Section 27, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Kirk Goble, The Bell 5 Company, 710 11th Avenue, #107, Greeley, Colorado 80631, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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. l ' { 2012-3150 I.) PL2184 SPECIAL REVIEW PERMIT (USR12-0039) - PROSPECT VALLEY GRAIN, LLC PAGE 2 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.B (A.Goal 2) states: "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." 2) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." and Section 22-2-20.O.1 (A.Policy 7.1) states: "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." 3) Section 22-2-20.B.2 (A.Policy 2.2) states: "Allow commercial and industrial uses, which are directly related to, or dependent upon, agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal, or mitigated, and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site consists of 77.42 acres that is in agricultural production. Surrounding lands are all large tract agricultural lands, several with center pivots. The Prospect Lateral irrigation ditch is adjacent to the north. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.B of the Weld County Code allows for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The applicant plans construction of a grain receiving and handling station, specifically to receive both confection and oil sunflowers from local farmers. The sunflowers are to be dried and stored, then shipped out over time to the processor(s). The applicant anticipates receiving loads of sunflowers from approximately 30-40 farmers who would deliver in farm trucks and semi-tractor trailers during the harvest period, approximately October 15, 2012-3150 PL2184 SPECIAL REVIEW PERMIT (USR12-0039) - PROSPECT VALLEY GRAIN, LLC PAGE 3 through December 1. Six (6) to ten (10) loads per day would be anticipated during this time. Sunflowers would be shipped out via truck over the following six (6) months or so as processors can receive them. Initial construction will consist of two (2) 80,000-bushel capacity grain bins. As the business capacity grows in the future, the applicant plans to erect an additional seven (7) 80,000-bushel bins, a truck scale, a 60-foot by 80-foot office/scale house, a 50-foot by 120-foot storage shed, and a smaller 30-foot by 40-foot storage shed. The type of structure is similar to other farms holding grain or seed in the County. There are 11 property owners on 11 properties within 500 feet of the proposed facility. Of the 11 properties, there are three residences located within this same distance. D. Section 23-2-230.8.4 -- 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 three (3) miles of a municipality, and Adams County did not return a referral indicating a conflict with its interests. E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County, dated 1979, designated the soils on this property as "High Potential Dry Cropland, Prime if they become irrigated;" however, the footprint of the facility is approximately ten (10) acres in area. The site will be minimally disturbed for required construction. There are no plans for outside equipment storage or other facility or equipment requiring screening. The appearance of the facility will be much like an on-farm grain storage and handling facility. The portions of the primary 10-acre site that are not utilized for structures or roads and driveways will be seeded to a native grass mix that will provide ground cover and reduce potential erosion. The remainder of the parcel will continue to be farmed as it is now, as the applicant is utilizing the property for the highest and best use. G. Section 23-2-230.B.7 -- 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 ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2012-3150 PL2184 SPECIAL REVIEW PERMIT (USR12-0039)- PROSPECT VALLEY GRAIN, LLC PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Prospect Valley Grain, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0039, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. B. All sheets of the plat shall be labeled USR12-0039. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) County Road (CR) 4 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 3) CR 67 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 4) All parking for this site must be off-street and internal and delineated on the plot plan map. 5) The applicant shall show the approved accesses on the plat, one (1) off of CR 4 and label it with the approved access permit number(Number will be forthcoming). 6) The applicant shall delineate the tracking control to prevent tracking of mud and debris from the site onto a County roadway. 2012-3150 PL2184 SPECIAL REVIEW PERMIT (USR12-0039) -PROSPECT VALLEY GRAIN, LLC PAGE 5 Standard tracking control for accesses onto gravel roads includes double cattle guards at the access point. 7) The drilling windows per Rule 318A of the Colorado Oil and Gas Conservation Commission Rules and Regulations. D. The applicant shall address the requirements or concerns of the Department of Public Works, as stated in the referral response dated August 7, 2012. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. The applicant shall address the requirements or concerns of Weld County Department of Building Inspection, specifically addressing the change of use for each structure located on the property, as stated in the referral response dated July 23, 2012. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. F. The applicant shall attempt to address the requirements of the Department of Public Health and Environment, as stated in the referral response dated August 6, 2012. Evidence of approval shall be submitted, in writing, to the Department of Planning Services, specific to: 1) The applicant shall submit a Dust Abatement Plan, detailing on-site dust control measures, for review and approval, to the Weld County Department of Public Health and Environment. 2) The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include, at a minimum, the following: a) A list of wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). b) A list of the type and volume of chemicals expected to be stored on the site. c) The waste handler and facility where the waste will be disposed of (including the facility name, address, and phone number). d) The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval# 1 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and 2012-3150 PL2184 SPECIAL REVIEW PERMIT (USR12-0039) - PROSPECT VALLEY GRAIN, LLC PAGE 6 Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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. 3. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 5. Prior to the Release of Building Permits: A. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. B. It is required that a code analysis be done on the project by a design professional with experience in this area. C. A Building Permit Application must be completed and two (2) complete sets of engineered plans, including Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. D. A Geotechnical Engineering Report performed by a Colorado registered engineer or an Open Hole Inspection shall be required. E. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. F. A plan review shall be approved and a permit must be issued prior to the start of construction. G. All building plans shall be submitted to the Southeast Weld Fire Protection District, for review and approval, prior to the issuance of building permits. 2012-3150 PL2184 SPECIAL REVIEW PERMIT (USR12-0039)-PROSPECT VALLEY GRAIN, LLC PAGE 7 6. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be designed by a Colorado registered professional engineer, according to the I.S.D.S. Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO\14(ATTEST: tr6bt/V dean P. Co:.. Chair Weld County Clerk to the Bo. ♦r F. Garcia, Pro-T m BY: L '�.��.�;ter � / Deputy Clerk o t e Board ` O� r6Na Kirkmeyer APP D AS M: ON- ON-J,�c David E. Long ounnttty ttorney O rQ rt Dougla'Rademacher Date of signature: 2012-3150 PL2184 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PROSPECT VALLEY GRAIN, LLC USR12-0039 1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0039, is for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC - grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 4. 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. 5. 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. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed for two (2) or less full-time employees (40 hour week) and seasonal uses that are utilized six (6) months or less per year. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the 2012-3150 PL2184 DEVELOPMENT STANDARDS (USR12-0039) - PROSPECT VALLEY GRAIN, LLC PAGE 2 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. 11 A permanent, adequate water supply shall be provided for drinking and sanitary purposes when there are two (2) or more full-time (40 hour week) employees located on site and one (1) or more part-time (20 hour week) employees located on site. 12. This application is proposing a well as its source of water at full buildout. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. interior commercial use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. 13. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 14. The off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. 15. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 16. Weld County shall not be responsible for the maintenance of on-site drainage related facilities. 17. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 18. There shall be no parking or staging of vehicles on the County Road (CR). Use the on-site parking area. 19. In the event that one (1) or more acres are disturbed during the construction and development of the site, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment(CDPHE). 20. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the start of construction. The Grading Permit Application must contain an Erosion and Sediment Control Plan, a Grading Plan, installation details of all Best Management Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE Storrnwater Permit. 2012-3150 PL2184 DEVELOPMENT STANDARDS (USR12-0039)- PROSPECT VALLEY GRAIN, LLC PAGE 3 21. A building permit may be required for any new construction, alteration, or addition to any buildings or structures on the property. 22. It is required that a Code Analysis be done on the project by a design professional with experience in this area. 23. A Building Permit Application must be completed and two (2) complete sets of engineered plans, including Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. 24. A Geotechnical Engineering Report performed by a Colorado registered engineer or an Open Hole Inspection shall be required. 25. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 26. A plan review shall be approved and a permit must be issued prior to the start of construction. 27. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or construed as, traffic control devices. 28. The number of full-time employees associated with this facility is limited to ten (10) persons. 29. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 30. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 31. The Use by Special Review 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. 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2012-3150 PL2184 DEVELOPMENT STANDARDS (USR12-0039) -PROSPECT VALLEY GRAIN, LLC PAGE 4 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 34. 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. 35. 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. 36. Construction or use pursuant to approval of a Use by Special Review Permit shall commence 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. 37. 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. 38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2012-3150 PL2184 Hello