The URL can be used to link to this page

Browse Search

Home My WebLink About20192303.tiffPlanner: Case Number: Owner: Representative: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Angela Snyder USR19-0020 Russell and Connie Moss AGPROfessionals, LLC do Kelsey Bruxvoort 3050 67'" Avenue Suite 200, Greeley, CO 80634 Hearing Date: June 4, 2019 A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District Lot B of RECX17-0111 and Lot B of RECX17-0151, being a part of the S2 of Section 16, T7N, R65W of the 6th P.M., Weld County, CO North of and adjacent to County Road 80; east of and adjacent to County Road 41 +1- 175 acres Parcel Nos. 0709-16-3-00-010 0709-16-3-00-011 0709-16-3-00-056 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: v Colorado Division of Water Resources, referral dated April 9, 2019 Weld County Department of Public Works, referral dated April 12, 2019 Weld County Department of Planning Services-Floodplain, referral dated April 17, 2019 Weld County Department of Public Health and Environment, referral dated April 4, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y Weld County Sheriff's Office, referral dated March 13, 2019 ▪ Weld County Zoning Compliance, referral dated March 19, 2019 ▪ Weld County School District RE -2, referral dated March 15, 2019 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V V V Town of Ault Town of Eaton History Colorado Ault Fire Protection District Colorado Parks and Wildlife North Weld County Water District Colorado Department of Public Health and Environment USR19-0020 — Russell and Connie Moss Page 1 of 11 Planner: Case Number: Owner: Representative: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Angela Snyder USR19-0020 Russell and Connie Moss AGPROfessionals, LLC do Kelsey Bruxvoort 3050 67th Avenue Suite 200, Greeley, CO 80634 Hearing Date: June 4, 2019 A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District Lot B of RECX17-0111 and Lot B of RECX17-0151, being a part of the S2 of Section 16, T7N, R65W of the 6th P.M., Weld County, CO North of and adjacent to County Road 80; east of and adjacent to County Road 41 +/- 175 acres Parcel Nos. 0709-16-3-00-010 0709-16-3-00-011 0709-16-3-00-056 The applicants are requesting a Use by Special Review permit for a 7,000 -head cattle feedlot to be operated by Russco Land and Cattle. The use by right feedlot operation is existing, however the increase in animal units above six (6) animal units per acre to 7,000 will require a USR. A lot with 175 acres is limited to 1,020 head of cattle as a use by right. According the application, activities will include feeding and housing stock, storing and processing feed, storing and maintaining farm equipment and farming. Supporting infrastructure includes corrals for livestock husbandry, farm office, feed storage and grain bins and waste management control structures. The expansion of the facility will include additional corrals and waste management control structures as noted on the draft USR map. There are 16 corrals currently and this USR would increase the number up to 44 corrals. A commodity shed and pond are also proposed. Fencing will be typical of agricultural facilities and include pipe fencing for the feeding areas. Lighting shall comply with Weld County code. A portion of the subject property is located in the 100 Year A floodplain associated with the Spring Creek. No structures requiring a flood hazard development permit are proposed within the floodplain. The facility will operate under applicable local, state and federal regulations. Hours of operation are 24 -hours a day / 7 -days a week. There will be five (5) full-time employees employed at this site. The perimeter fence will consist of 3 or 4 strand barbed wire and the pens will be standard pipe fence or pipe and cable fencing. The applicant is not proposing any additional landscaping. 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. USR19-0020 — Russell and Connie Moss Page 2 of 11 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.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." And Section 22-2-20.B.3 - A.Policy 2.3 states, "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri- tainment or agri-tourism uses." The site already contains a use by right feedlot. The proposed expansion of the livestock confinement operation will not change the character of the site. There are other dairies and feedlots in the area. The site is large enough (175 acres) to handle the expansion which will be located to the west of the existing facilities. Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations." The drainage narrative was submitted and reviewed by the Weld County Department of Public Works. The site meets exception F.A.1.a.15 for confined feeding operations. No concerns were identified with the drainage narrative. 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 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..." A livestock confinement operation is an agricultural use and is permitted under Section 23- 3-40.B.16 as a Use by Special Review. 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 farmland, other livestock confinement operations and dairies, and rural residences. There are five (5) USRs within one mile of this site. USR-1583 for an agricultural service establishment, USR-199AM for a feedlot, MUSR15-0011 for a 9600 - head feed lot and second single family home, USR-1349 for a 2675 -head dairy and USR- 1368 for a 50 -dog kennel. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners. Planning staff received a phone call from one neighbor to confirm that the expansion was not on the east side of the property, which it is not. Two letters were received from surrounding property owners stating concerns related to odor, flies and dust. Truck traffic was also a concern and a neighbor suggested increased blading of the road. The proposed USR is in an area that can support this development, as there are several dairies and livestock confinement areas in the close vicinity Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent USR19-0020 — Russell and Connie Moss Page 3 of 11 properties and will ensure compatibility with surrounding land uses and the region. Additionally, the application materials included a Nuisance Management Plan and Preliminary Waste Management Plan per the Colorado Department of Public Health and Environment Concentrated Animal Feeding Operation (CAFO) requirements, which will help mitigate potential impacts of the feedlot. 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. This site is located within the three (3) mile referral area of the Towns of Ault and Eaton and the Coordinated Planning Agreement boundary of the Town of Ault. The applicant sent the Town of Ault a Notice of Inquiry and did not receive a response. The application was accepted after the twenty-one days. No referral agencies objected to this USR. 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 located in a Special Flood Hazard Area and conditions were provided. The property is not within the Geologic Hazard Overlay District 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 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 proposed facility is located on soils designated as "Prime (Irrigated) - Farmlands of National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire parcel has this designation. This USR is an expansion of an existing feedlot and will still allow much of the land to be used for productive farmland as the feedlot operation will be located on the southern portion of the parcel. 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 map: A. A Road Maintenance Agreement is required at this location. Road maintenance including, but not limited to dust control and damage repair to specified haul routes. (Department of Public Works) B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0020. (Department of Planning Services) USR19-0020 — Russell and Connie Moss Page 4 of 11 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) The applicant shall delineate the trash collection areas. (Department of Planning Services) 5) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6) The map shall delineate the lighting, if applicable. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties. (Department of Planning Services) 7) County Road 41 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 on the site plan the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location on the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 8) County Road 80 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location on the road. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 9) Show and label the approved access locations, approved access widths 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) 10) Show and label the approved tracking control on the site plan. (Department of Public Works) 11) 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) 12) The applicant shall show the drainage flow arrows. (Department of Public Works) 13) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 14) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) USR19-0020 — Russell and Connie Moss Page 5 of 11 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) 4. Prior to Construction: A. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) B. Tracking control shall be in place prior to on -site construction. (Department of Public Works) C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) D. Any development in the floodplain requires a floodplain permit. (Department of Planning Services - Floodplain) 5. Prior to Certificate of Occupancy: A. An onsite wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public Health and Environment) 6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR19-0020 — Russell and Connie Moss Page 6 of 11 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Russell and Connie Moss USR1 9-0020 1. A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District (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. (Department of Planning Services) 4. The number of employees shall be five (5) as stated in the application materials. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1250E effective date January 20, 2016 (Spring Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 8. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 14. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) USR19-0020 — Russell and Connie Moss Page 7 of 11 16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 19. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 20. 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. The facility should operate in accordance with their current approved Management Plan for Nuisance Control. (Department of Public Health and Environment) 21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 22. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 24. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall be no discharge of manure or process wastewater, except as provided in the facility's Colorado Discharge Permit. (Department of Public Health and Environment) 25. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division, for construction activities. (Department of Public Health and Environment) 26. Any manure or process wastewater applications shall be at agronomic rates and in accordance with the Nutrient Management Plan or Manure and Wastewater Management Plan. There shall be no discharge from land application areas, except for agricultural stormwater. (Department of Public Health and Environment) 27. The facility shall be operated and maintained in a manner to prevent nuisance conditions, in accordance with the approved Management Plan for Nuisance Control. (Department of Public Health and Environment) USR19-0020 — Russell and Connie Moss Page 8 of 11 28. 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) 29. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of state waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State, in violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health and Environment) 30. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations. There shall be no open burning except "Agricultural Open Burning" as defined by Colorado Air Quality Control Regulations. (Department of Public Health and Environment) 31. 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) 32. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling. All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 33. 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) 34. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 35. 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) 36. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 37. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 38. 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. 39. 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 USR19-0020 — Russell and Connie Moss Page 9 of 11 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. 40. 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. 41. 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. 42. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency USR19-0020 — Russell and Connie Moss Page 10 of 11 responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0020 — Russell and Connie Moss Page 11 of 11 April 30, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 BRUXVOORT KELSEY 3050 67TH AVE STE 200 GREELEY, CO 80634 Subject: USR19-0020 - A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District On parcel(s) of land described as : LOT B REC EXEMPT RECX17-0151, PART S2 SECTION 16, T7N, R65W of the 6th P.M., Weld County, Colorado. LOT B REC EXEMPT RECX17-0111, PART W2SW4 SECTION 16, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 4, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 26, 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.weldcountyplanninqcases.orq Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Angela Snyder Planner March 12, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 BRUXVOORT KELSEY 3050 67TH AVE STE 200 GREELEY, CO 80634 Subject: USR19-0020 - A Site Specific Development Plan and Use by Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) On parcel(s) of land described as: LOT B RECX17-0151, PART S2 SECTION 16, T7N, R65W of the 6th P.M., LOT B RECX17-0111, PART W2SW4 SECTION 16, T7N, R65W of Colorado. LOT B RECX17-0151, PART S2 SECTION 16, T7N, R65W of the 6th P.M., Dear Applicants: Special Review Permit for a Zone District Weld County, Colorado. the 6th P.M., Weld County, Weld County, Colorado. 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: Ault at Phone Number 970-834-2844 Eaton at Phone Number 970-454-3338 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, Angela Snyder Planner FIELD CHECK Inspection Date: 5/25/2019 Case Number: USR19-0020 Applicant: Russell and Connie Moss Request: A Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District Legal Lot B of RECX17-0111 and Lot B of RECX17-0151, being a part of the S2 of Section 16, T7N, R65W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 80; east of and adjacent to County Road 41 Size of Parcel: +1- 175 acres Parcel Numbers: 0709-16-3-00-010 0709-16-3-00-011 0709-16-3-00-056 Zoning Land Use N A (Agricultural) N Ag, Rural Residential E A (Agricultural) E Ag, Rural Residential S A (Agricultural) S Ag, Rural Residential W A (Agricultural) W Ag, Rural Residential COMMENTS: The site is currently in corn production. There are several homes to the west and south of the site. , l tr i .4((1- Angela'Snyder, Plannth Hello