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LAND USE APPLICATION
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Planner: Kim Ogle Hearing Date: February 19, 2019
Case Number: USR18-0095
Applicant: Dave DeHaan , Front Range Dairy, LLC , 9743 CR 16, Fort Lupton , CO 80621
Representative : Shannon Toomey, AGPROfessionals , 3050 67t" Avenue, Greeley, CO 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for a Class
Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste
Disposal Sites and Facilities 6-CCR 1007-2 , Section 14 for a Class I compost facility
and an Agricultural Service establishments primarily engaged in performing agricultural ,
animal husbandry or horticultural services on a fee or contract basis , including : Seed
production , processing , storage , mixing , blending and sales in the A (Agricultural)
Zone District
Legal Lot D , RECX18-0107 being part of the SE4 Section 15, T2N , R67W of the 6th P. M . ,
Description : Weld County, Colorado
Location : North of and adjacent to County Road 20; west of and adjacent to County Road 21
Size of Parcel : +1- 123 acres Parcel No . 1311 - 15-0-00-026
The criteria for review of this Special Review Permit is 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 :
City of Fort Lupton , referral dated September 21 , 2018
Longmont Conservation District Board , referral dated October 9 , 2018
Weld County Department of Public Health and Environment, referral dated October 15 , 2018
Weld County Department of Public Works - Drainage , referral dated November 21 , 2018
Weld County Department of Public Works , referral dated November 26 , 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies :
Weld County Zoning Compliance , referral dated September 17 , 2018
Weld County Extension , referral dated September 18 , 2018
Colorado Parks and Wildlife , referral dated September 21 , 2018
Town of Frederick, referral dated October 1 , 2018
Weld County Sheriff's Office, referral dated October 5 , 2018
Central Weld County Water District, referral dated October 11 , 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Firestone
Fort Lupton Fire Protection District
Colorado Department of Public Health and Environment
USR18-0005 — Front Range Dairy
Page 1
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IY � 7---- a,—.---7 - SPECIAL REVIEW PERMIT
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^� ADMINISTRATIVE REVIEW
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Planner: Kim Ogle Hearing Date: February 19, 2019
Case Number: USR18-0095
Applicant: Dave DeHaan , Front Range Dairy, LLC , 9743 CR 16, Fort Lupton , CO 80621
Representative : Shannon Toomey, AGPROfessionals , 3050 67th Avenue, Greeley, CO 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for a Class
Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste
Disposal Sites and Facilities 6-CCR 1007-2 , Section 14 for a Class I compost facility
and an Agricultural Service establishments primarily engaged in performing agricultural ,
animal husbandry or horticultural services on a fee or contract basis , including : Seed
production , processing , storage , mixing , blending and sales in the A (Agricultural)
Zone District
Legal Lot D , REC18-0107 being part of the SE4 Section 15 , T2N , R67W of the 6th P.M . , Weld
Description : County, Colorado
Location : North of and adjacent to County Road 20 ; west of and adjacent to County Road 21
Size of Parcel : +1- 123 acres Parcel No . 1311 - 15-0-00-026
Case Summary:
This request is for a Use by Special Review (USR) permit to allow a Class I compost facility as classified
under Colorado Department of Public Health and Environment (CDPHE) Regulation 14.2. 1 (C). The
property will house the Class I compost facility and associated appurtenances including an office!
warehouse and material handling equipment. The property will also include an agricultural seed sales
component
As required by CDPHE , the facility will register with the Solid Waste Division and provide Financial
Assurance and a Composting Plan . As a Class I facility, the facility is not required to obtain a Certificate
of Designation or provide an Engineered Design and Operation Plan . The facility will operate under and
be regulated by the CDPHE .
Compost feedstock types will include vegetative waste and other materials determined by CDPHE to
pose a low risk to human health and the environment. Waste generated by Front Range Dairy and Eagle
View Dairy will be composted at this facility. Compost produced at this facility will be sold wholesale or will
be used by the operator, as the area not occupied by the compost facility will be used for agricultural
production .
The site will also process and sell seed . A seed sorter and cleaner will be located within the proposed
20 , 000 SF warehouse building , where the seed will also be stored . Up to 250 pallets of seed will be
stored in this warehouse .
Three (3) to seven (7) full-time employees are proposed . Employees will be on-site for eight (8) to nine (9)
hours at a time . Parking is proposed on improved gravel surfaces .
There may be minimal on-site fuel storage with appropriate containment. No painting or manufacturing is
proposed , however, minor vehicle maintenance, such as oil or tire changes , will take place in the
proposed warehouse. No sign is proposed at this time. Outdoor lighting is expected to be wall-mounted ,
USR18-0005 — Front Range Dairy
Page 2
no light poles are proposed . All lights will be shielded and down directional and will meet the dark sky
policy as required in the Weld County Code.
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 22-2-20 .A . A. Goal 1 . States "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture.
One result of being one of the country's largest producers of agricultural products is the
generation of a large amount of agricultural waste . Agricultural waste results from the raising of
crops or animals , leading to animal manures and crop by-products , both of which may be
returned to the soils as fertilizer or soil conditioners . Improperly managed agricultural waste can
impact public health . Agricultural waste must be managed and processed appropriately to
protect human and environmental health .
The applicant, Front Range Dairy is proposing a Class I compost facility as classified under
Colorado Department of Public Health and Environment (CDPHE) Regulation 14.2. 1 (C). The
facility will register with the Solid Waste Division and provide Financial Assurance and a
Composting Plan . The dairy adjacent to the south coupled with the Eagle View Dairy generates
a substantial volume of animal waste that will be transported to this site for composting and
processing .
Section 22-2-20 .G . 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 . "
The surrounding properties are mostly agricultural in nature with limited mineral resource
development facilities permitted for the acquisition , transmission and processing of oil and natural
gas to a commercial market.
Section 22-4-200.A . AW . Policy 1 . 1 . states "The County encourages the composting of
agricultural waste . "
The manure waste stream generated by the Dairy' s is processed in a manner that limits the
human and environmental health impacts through appropriate handling , storage and
processing practices . The end result is a new income stream made possible by the sales of the
compost.
B. Section 23-2-220 .A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Land use goals and policies should support a high-quality rural character which respects the
agricultural heritage and traditional agricultural land uses of the County. Rural character in the
County includes those uses which provide rural lifestyles , rural-based economies and
opportunities to both live and work in rural areas . Section 23-3-40. B. 9 allows for a Site Specific
Development Plan and Use by Special Review Permit for Seed production , processing , storage,
USRI8-0005 — Front Range Dairy
Page 3
mixing , blending and sales and Section 23-3-40. B. 12 allows for Animal waste recycling or
processing facilities including composting facilities in the A (Agricultural ) Zone District.
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 pasture lands , production agriculture and rural residences . The
closest residences are located approximately 1300-feet to the east and 1700-feet to the west on
the north side of County Road 20 .
There are multiple USRs within one mile of the site . North of the property are USR-710 for a 200
dog kennel, USR-812 for a single family residence , I MUSR17- 13-0026 for Mineral Resource
Development Facilities ; SUP-64 for a Turkey Farm ; AMUSR- 1120 for an Equestrian Center;
MUSR13-0017 for Mineral Resource Development Facilities ; MUSR12-0002 for Oil and Gas
Support and Service Facility and USR13-0049 for a Non- 1041 Major Facility of a Public Utility or
Public Agency - 16-inch pipeline. There are no USRs within a mile to the east of the property.
South of the property is SUP- 118 for a Turkey Farm ; USR12-O034 for Agricultural Services -
Dairy; USR- 1184 for Equine Boarding , Breeding and Training ; I MUSR17- 14-0015 for Mineral
Resource Development Facilities ; SUP-62 for a Turkey Farm ; AMSUP 238 for a Compressor
Station and USR-331 for a Compressor Station . To the west are USR- 1063 for a 24-inch High
Pressure Gas Pipeline and USR13-0049 for Non- 1041 Major Facility of a Public Utility or Public
Agency - 16-inch pipeline , previously discussed .
The Weld County Department of Planning Services sent notice to twenty (20) surrounding
property owners. Planning staff received no correspondence or telephone calls from surrounding
property owners within 500 feet of the parcel or from interested persons .
The Conditions of Approval require that the applicant submit a Lighting Plan , an Improvements
and Road Maintenance Agreement (for roads and traffic) and a Screening Plan . 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 .
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 Areas for Fort Lupton and Firestone . The City
of Fort Lupton returned a email response stating the City] usually have a conversation with the
property owner concerning annexation options per [Fort Lupton's] agreement with the County. If
the applicant has no interest in even talking , then we can sign the form , however, it could be in
their best interest to look at the options . I 'm not sure why Firestone is in your email . " The Town
of Firestone did not respond within 21 days of the applicant submitting and contacting the Town
with the Notice of Inquiry Form on August 2, 2018 as required per the Coordinated Planning
Agreement.
The site is located within the three (3) mile referral area of the City of Fort Lupton , Town of
Frederick and Town of Firestone. The City of Fort Lupton in their referral comments , dated
September indicated there are interested in having a conversation with the property owner
concerning the potential benefits of annexation . If the property owner does not wish to discuss
options , then [the City] has no concerns . Additionally, the City is requesting future right-of-way of
eighty-five (85) feet right for County Roads 20 and 24 per the City Transportation Plan . The
Town of Frederick in their referral dated October 1 , 2018 had no concerns and the Town of
Firestone did not respond to the referral request.
E. Section 23-2-220 .A. 5 -- The application complies with Chapter 23, Articles V and XI , of the Weld
County Code.
USR18-0005 — Front Range Dairy
Page 4
The property is not within the Geologic Hazard Overlay District, Special Flood Hazard Area, MS4
area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-
Wide Road Impact Fee , 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 proposed facility is located on approximately 21 acres of "Prime ( Irrigated)" and
approximately 100 acres of "Other Lands " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
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 Department of Planning Services ' staff recommendation for approval is conditional upon the
following :
1 . Prior to recording the USR Map:
A. The applicant shall submit the RECX18-0107 107 draft plat for review and approval by County staff;
show evidence of addressing and resolving the Conditions of Approval ; pay the recording fee and
submit the RECX18-0107 plat with signatures for processing and recordation . (Department of
Planning Services )
B. The applicant shall submit written evidence of a current Class I Compost permit and associated
financial warranty from the Colorado Department of Public Health and Environment (CDPHE)
Solid Waste Division for this facility. ( Department of Planning Services)
C. The applicant shall submit a Lighting Plan that incorporates the dark sky policy in the design.
(Department of Planning Services)
D. The applicant shall submit a Screening Plan that screens the site from the Surrounding Property
Owners and public right-of-way. (Department of Planning Services)
E. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location . Road maintenance includes, but is not limited to , dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral , and testing and approval of completed improvements .
(Department of Public Works)
F . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . (Department of Public Works )
C . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR18-0095. (Department of Planning Services)
2. The attached Development Standards . (Department of Planning Services)
U RI -0o 5 - Front Range Dairy
Page 5
3. The map shall be prepared in accordance with Section 23-2-260 . D of the Weld County Code.
( Department of Planning Services)
4. Show the trash collection areas . Section 23-3-350. H of the Weld County Code addresses the
issue of trash collection areas . (Department of Planning Services)
5. Show the office/warehouse, shop and associated improvements associated with the USR
land use permit and label accordingly. (Department of Planning Services)
6. The map shall delineate the screening . (Department of Planning Services)
7. The map shall delineate the lighting which shall adhere to the Weld County Code .
( Department of Planning Services)
8. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C , 23-D and 23-E of the Weld County Code . (Department of Planning
Services )
9. The map shall delineate the parking area for the vendors , customers and/or employees.
(Department of Planning Services)
9. County Road 20 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10 . Show and label the approved access locations , approved access width and the appropriate
turning radii (60') on the site plan . The applicant must obtain an access permit in the
approved location(s) prior to construction . (Department of Public Works)
11 . Show and label the approved tracking control on the site plan . (Department of Public Works)
12 . 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. (Department of Public Works)
13 . Show and label the accepted drainage features and drainage flow arrows . Stormwater ponds
should be labeled as "Stormwater Detention , No-Build or Storage Area" and shall include the
calculated volume. (Department of Public Works)
14 . Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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 Weld County Code Ordinance #2012-3 , approved April 30 , 2012, should the map
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 shall added for each
additional three (3) month period . ( Department of Planning Services)
USR18-0095 — Front Range Dairy
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4. Prior to Construction :
A. The approved access and tracking control shall be constructed prior to on-site construction . This
site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking
control . (Department of Public Works)
B. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required .
( Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An on-site waste-water treatment system is required for the proposed facility and shall be installed
according to the Weld County On-site Waste-water Treatment System (O .W.T.S . ) Regulations .
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County O .W.T. S. Regulations . (Department of Public Health and
Environment)
7. 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 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)
USR18-0095 — Front Range Dairy
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dave DeHaan -- Front Range Dairy, LLC
USR18-0095
1 . A Site Specific Development Plan and Use by Special Review Permit for a Class I Composting
Facility pursuant to the Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities
6-CCR 1007-2 , Section 14 for a Class I compost facility and an Agricultural Service establishments
primarily engaged in performing agricultural , animal husbandry or horticultural services on a fee or
contract basis , including : Seed production , processing , storage, mixing , blending and sales 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-hours a day, 7-days a week with the primary hours of operation being
7: 00 a. m . - 5: 00 p . m . Monday — Saturday. ( Department of Planning Services)
4. The number of on-site full-time employees shall be nine (9). ( Department of Planning Services)
5. The parking area on the site shall be maintained in accordance with the approved Screening Plan .
(Department of Planning Services)
6. All signs shall adhere to Chapter 23 , Article IV, Division 2 and Appendices 23-C , 23-D and 23-E of the
Weld County Code . ( Department of Planning Services)
7. The screening on the site shall be maintained . (Department of Planning Services)
8. 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)
9 . 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)
10 . 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 . or those described in the approved Composting Plan.
( Department of Public Health and Environment)
11 . 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 applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code and as described in
the approved Composting Plan . ( Department of Public Health and Environment)
12 . The facility shall operate in accordance with their approved Composting Plan . (Department of Public
Health and Environment)
13 . The facility shall receive and process only those materials that are described in the submitted
application materials and approved Composting Plan . (Department of Public Health and Environment)
USRI8-0005 — Front Range Dairy
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14 . 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)
15 . The facility shall be operated and maintained in a manner to prevent nuisance conditions and shall
comply with the approved Composting Plan . (Department of Public Health and Environment)
16 . Odors detected off the site shall not equal , or exceed , the level of fifteen-to-one dilution threshold ,
as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control
Regulations . Additional controls shall be implemented , at the request of the Weld County
Department of Public Health and Environment, in the event odor levels detected off site of the
facility meet, or exceed , the level of fifteen-to-one dilution threshold , or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. ( Department of
Public Health and Environment)
17 . A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division ,
as applicable. ( Department of Public Health and Environment)
18 . All required reports and recordkeeping information will be submitted to the WCDPHE upon request
and maintained at the facility. (Department of Public Health and Environment)
19 . Any septic 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)
20 . Adequate drinking , hand washing , and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes . (Department
of Public Health and Environment)
21 . 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)
22 . The facility shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007-2, Part 1 ). (Department of Public Health and Environment)
23 . The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
24 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
25 . 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)
26 . 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. (Department of Public Works)
27 . The access to the site shall be maintained to mitigate any impacts to the public road , including
damages and/or off-site tracking . ( Department of Public Works)
28 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized .
(Department of Public Works)
29 . 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. (Department of Public Works)
30 . The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
USRI8-0095 — Front Range Dairy
Page 9
31 . The Improvements Agreement for this site may be reviewed on an annual basis , including a site visit
and possible updates . (Department of Public Works)
32 . The historical flow patterns and runoff amounts on the site will be maintained . (Department of Public
Works)
33 . Weld County is not responsible for the maintenance of onsite drainage related features . ( Department
of Public Works)
34 . Building permits may be required , per Section 29-3- 10 of the Weld County Code . Currently, the
following have been adopted by Weld County: 2012 International Codes , 2006 International Energy
Code, and 2017 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 . (Department of Building Inspection )
35 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code . (Department of Planning Services)
36 . 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. (Department of
Planning Services)
37 . 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)
38 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources , including , but not limited to , sand and gravel , oil , natural gas , and coal .
Under title 34 of the Colorado Revised Statutes , minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits ; and (c) such deposits should be extracted according to
a rational plan , calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times , mineral
resource sites are fixed to their geographical and geophysical locations . Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
39 . 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
USR18-0095 — Front Range Dairy
Page 10
activities will generate off-site impacts , including noise from tractors and equipment; slow-moving
farm vehicles on rural roads ; dust from animal pens , field work, harvest and gravel roads ; odor from
animal confinement, silage and manure; smoke from ditch burning ; flies and mosquitoes ; hunting and
trapping activities ; shooting sports , legal hazing of nuisance wildlife ; and the use of pesticides and
fertilizers in the fields , including the use of aerial spraying . It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations . A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3 .5- 102, C . R. S. , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production .
Water has been , and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches , lakes , or other structures , unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4 , 000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3 , 700) miles of
state and county roads outside of municipalities . The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses ,
including law enforcement, ambulance , and fire . Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies . County gravel roads , no matter how
often they are bladed , will not provide the same kind of surface expected from a paved road . Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm . Services in rural areas , in many cases , will not be equivalent to municipal
services . Rural dwellers must, by necessity►, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches , electrical power for pumps and center
pivot operations , high speed traffic, sandburs , puncture vines , territorial farm dogs and livestock, and
open burning present real threats . Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood .
USR18-0095 — Front Range Dairy
Page 11
January 9, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
TOOMEY SHANNON
3050 67TH AVE.
GREELEY, CO 80634
Subject: USR18-0095 - A Site Specific Development Plan and Use by Special Review Permit for a
Class I Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste Disposal
Sites and Facilities 6-CCR 1007-2, Section 14 for a Class I compost facility and an Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural services
on a fee or contract basis, including: Seed production, processing, storage, mixing, blending and sales
in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT D RECX18-0107, BEING PART OF THE SE4 SECTION 15, T2N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 6, 2019 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
September 17, 2018
TOOMEY SHANNON
3050 67TH AVE
GREELEY, CO 80634
Subject: USR18-0095 - A Site Specific Development Plan and Use by Special Review Permit for a
Class I Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste Disposal
Sites and Facilities 6-CCR 1007-2, Section 14 for a Class I compost facility in the A (Agricultural) Zone
District
On parcel(s) of land described as:
SE4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Fort Lupton at Phone Number 303-857-6694
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Planner
FIELD CHECK— USR I8-0096
Inspection Date: November 8, 2018
Applicant: Taproot Rockies Midstream, LLC
Request: A Site Specific Development Plan and Use By Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service Facilities (storage area for fresh
water pipelines and related pipeline equipment, parking for employee vehicles and a 7380 SF field
operations building) in the A (Agricultural) Zone District
Legal: Lot A, RECX18-0115 being part of the N2SE4 of Section 11, TBN, R61W of the 6th P.M., Weld
County, CO
Location: West of and adjacent to County Road 98; approximately 0.25 miles north of County Road 94
Parcel ID #: 0543-11-0-00-017
Acres: 10.75 +/-
Zoning
Land Use
N
AGRICULTURE
N
Rural residence on 80 acre tract dryland agriculture
E
AGRICULTURE
E
Dryland agriculture
S
AGRICULTURE
S
Dryland agriculture
W
AGRICULTURE
W
Dryland agriculture
Comments:
The property is located off of the local gravel road, with the internal road gravel and graded and has an
existing large metal skinned building. Access is from the north property line arcing into the property with
outdoor unscreened storage of pipe, piping materials and pick-ups with gooseneck trailers. At the time of
visit there was a tractor trailer idling on the property. There appears to be a non -maintained access from
CR 95 into the property at the southern end of the site. Undisturbed areas are in native grasses.
Two residences are in close proximity. The North residence is 1900 feet away and the south residence is
351 a feet to the south-southeast. All other structures are located at a greater distance from this property.
r' `I
Signature
❑ Access t = operty, graveled and graded
❑ Site Distance, good visibility
o Oil & Gas Structures on adjacent property
❑ Topography, generally slopes to the north on this site
Note any commercial business/commercial vehicles that are operating from the site.
Business is present and there were multiple trips in and out at time of visit.
830A Thursday November 8, 2018
Hello