HomeMy WebLinkAbout20190569.tiffPlanner:
C. Gathman
Case Number: USR18-0102
Applicant:
Representative:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: January 15, 2019
English Feedlot II LLC C/O ReNewTrient LLC
Ryan Brandt, 33272 Oasis Road, Center City, MN 55012
A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis including: Animal Waste Recycling or
Processing Facilities (Processing of Poultry litter) in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RECX18-0167; located in part of the SW4 of Section 8, T1N,
R65W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 10 and approximately 3,300 feet west of County Road
41.
Size of Parcel:
+/- 113.84 acres Parcel No. 1473-08-3-00-011
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:
Weld County Department of Public Health and Environment, referral dated 11/14/18
Weld County Department of Public Works, referral dated 11/28/18
Colorado Department of Public Health and Environment, referral dated 10/30/18
Colorado Division of Water Resources, referral dated 10/24/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated February 8, 2018
Y Colorado Parks and Wildlife, referral dated 10/24/18
Y Weld County Sheriff's Office, referral dated 11/8/18
Y City of Fort Lupton, referral dated 10/24/18
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V
Weld County Department of Building Inspection
Colorado Department of Transportation
Town of Hudson
Town of Lochbuie
Hudson Fire Protection District
School District RE -3J
Platte Valley Soil Conservation District
Colorado Department of Agriculture
USR18-0102 - ReNewTrient II, LLC
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: January 15, 2019
Case Number: USR18-0102
Applicant: English Feedlot II LLC C/O ReNewTrient LLC
Representative: Ryan Brandt, 33272 Oasis Road, Center City, MN 55012
Request: A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis including: Animal Waste Recycling or
Processing Facilities (Processing of Poultry litter) in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RECX18-0167; located in part of the SW4 of Section 8, Ti N,
Description: R65W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 10 and approximately 3,300 feet west of County Road
41.
Size of Parcel: +1- 113.84 acres Parcel No. 1473-08-3-00-011
Case Summary:
The applicant is proposing to construct a new structure to house equipment for a facility that will process
litter into pellets Unprocessed litter from an offsite poultry litter is currently being stored on an adjacent
property. This waste will be processed into pellets in a proposed fabric Quonset building (measuring 50' x
100' and 28' feet tall) and will be located on land to be leased from the owner (English Feedlot II LLC).
The applicant is applying for a recorded exemption under case # RECX18-0167 to separate this USR
from the remaining feedlot improvements (English Feedlot) on the property. The applicant proposes to
have two (2) full time employees with the potentially for another part-time employee periodically. Bottled
water and portable toilets are proposed.
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.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
USR18-0102 - ReNewTrient II, LLC
Page 2
the removal of agricultural land from production."
The proposed facility is located adjacent to an existing feedlot and cropland. This use will
process animal waste located on an adjacent property.
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."
This proposed facility will process waste associated with an offsite poultry processing
facility.
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 proposed facility will recycle waste associated with an existing poultry processing
facility and will turn it in to an agricultural product (fertilizer).
The proposed use is in an area that can support this development, the Development
Standards, and the Conditions of Approval (including hours of operation, offsite dust and
odor standards) will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.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
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis for Animal Waste Recycling
or Processing Facilities (Processing of Poultry litter) as a Use by Special Review.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development and the existing
Development Standard and the Conditions of Approval (including development standards
limiting hours of operation, dust and odor) will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
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 cropland, a feedlot (immediately to the south) and rural
residences. The four (4) closest residences are located approximately 2,300, 2,200,
1,400 and 1,150 -feet to the west, north and east of the proposed facility.
A 200 -head dairy (approved under SUP -352) is located to the southeast.
Oil and gas production activity is currently occurring on the property to the west.
No phone calls or letters have been received from surrounding property owners regarding
this application.
USR18-0102 - ReNewTrient II, LLC
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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 three (3) mile referral areas of the City of Fort Lupton, Town
of Hudson and Town of Lochbuie. The proposed use is located within the Fort
Lupton/Weld County Cooperative Planning Agreement boundary. The City of Fort Lupton
was notified of the request prior to setting up the application. The City of Fort Lupton at
this time indicated that is located to the east of their comprehensive plan eastern
boundary. The City of Fort Lupton in their referral comments, dated 10/24/18 indicated
that they have no conflicts with their interests. No referral responses have been received
from the Town of Hudson and the Town of Lochbuie.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
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 Program, the County Facility Fee and Drainage Impact
Fee Programs.
F. Section 23-2-220A6 -- 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 3.6 acres delineated as "Other" and
"Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed facility is located adjacent to an existing agricultural business
(feedlot). The proposed facility is an agricultural related use and encompasses only 3.6
acres on a 113 -acre 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 plat:
A. An Improvements and Road Maintenance Agreement is required at this location. This
agreement shall include but is not limited to, potential triggered off -site improvements, 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
USR18-0102 - ReNewTrient II, LLC
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completed improvements. (Department of Public Works)
B. 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 applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress, egress, utilities and
shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception
number. (Department of Public Works)
D. The applicant shall address the comments of the Colorado Division of Water Resources re:
storm water detention and infiltration facilities as stated in their referral dated 10/24/2018.
Written evidence of such shall be provided to the Department of Planning Services.
(Colorado Division of Water Resources)
E. The recorded exemption RECX18-0167 plat shall be approved by the Department of
Planning Services and submitted for recording. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0102 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the lighting which shall adhere to the Weld County Code and
the dark sky policy. (Department of Planning Services)
6. 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)
7. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
8. County Road 41 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. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
9. County Road 10 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. 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
USR18-0102 - ReNewTrient II, LLC
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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 a 30 -foot minimum access and utility easement to provide legal
access to the parcel on the site plan. (Department of Public Works)
14. Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
15. Show and label the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
17. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (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
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 shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. 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. 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 or the applicant has been approved for an early release
USR18-0102 - ReNewTrient II, LLC
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agreement. (Department of Planning Services)
USR18-0102 - ReNewTrient II, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ReNewTrient II, LLC
USR18-01 02
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0102, for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis including: Animal Waste Recycling or Processing Facilities
(Processing of Poultry litter) 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 regular hours of operation are 7:00 a.m. - 7:00 p.m. Monday - Sunday. Hours of operation may
expand during the spring and fall prior to spring planting and after fall harvest, as stated in the
application materials. (Department of Planning Services)
4. The number of full-time on -site employees shall be 2, as stated in the application materials.
(Department of Planning Services)
5. 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)
6. 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. (Department of Public Health and Environment)
7. 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)
8. 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)
9. The facility shall receive and process only those materials that are described in the submitted
application materials. (Department of Public Health and Environment)
10. 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)
11. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
12. 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)
13. A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division,
as applicable. (Department of Public Health and Environment)
USR18-0102 - ReNewTrient II, LLC
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14. 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)
15. 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)
16. The facility shall comply with the Colorado Department of Agriculture Rules and Regulations
pertaining to Fertilizers and Soil Conditioners (8 CCR 1202-4). (Department of Public Health and
Environment)
17. 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)
18. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
19. 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)
20. 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)
21. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. 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)
24. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
25. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
26. Access will be along private property lines and maintenance of the access road will not be the
responsibility of Weld County. (Department of Public Works)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
29. 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)
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30. 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)
31. 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)
32. 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)
33. 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)
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 applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
36. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
37. 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.
38. 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.
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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 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.
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December 03, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
RYAN BRANDT
33272 OASIS ROAD CENTER CITY
CENTER CITY MN 55012
Subject: USR18-0102 - A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities
(Processing of Poultry litter) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 8, T1 N, R65W EXC A STRIP ALG EASTERLY BOUNDARY 704' WIDE of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 15, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 13, 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.orq
If you have any questions concerning this matter, please call.
Respectfully,
/pi '
Chris Gathman
Planner
October 17, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
Ryan Brandt
33272 Oasis Road Center City
Center City MN 55012
Subject: USR18-0102 -
On parcel(s) of land described as:
SW4 SECTION 8 T1 N R65W 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:
Fort Lupton at Phone Number 303-857-6694
Hudson at Phone Number 303-536-9311
Lochbuie at Phone Number 303-655-9308
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,
Chris Gathman
Planner
From: Todd Hodges
To: Tom Parko Jr.; Zo Stieber
Cc: Chins Gathman; Claud Hanes
Subject: RE: PRE18-0054 located in Fort Lupton IGA
Date: Monday, March 05, 2018 11:37:08 AM
Tom,
Thanks for sending the information concerning PRE18-0054. The site is located within our 3 mile
plan but located east of our current comprehensive plan eastern boundary. We have an existing IGA
with Hudson concerning this area at CR 37.
Have a great week.
Todd A. Hodges
Planning Director
City of Fort Lupton
303-994-3174
From: Tom Parko Jr. [mailto:tparko@weldgov.com]
Sent: Monday, March 05, 2018 9:50 AM
To: Zo Stieber <ZStieber@Fortluptonco.gov>
Cc: Todd Hodges <thodges@Fortluptonco.gov>; Chris Gathman <cgathman@weldgov.com>; Claud
Hanes <CHanes@Fortluptonco.gov>
Subject: FW: PRE18-0054 located in Fort Lupton IGA
Mayor,
Good morning. Attached is another one!
Sincerely,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Chris Gathman
Sent: Saturday, March 03, 2018 12:40 PM
To: Tom Parko Jr. <tparko@weldgov.com>
Subject: PRE18-0054 located in Fort Lupton IGA
Tom,
Here is another pre -application located in Fort Lupton's IGA. We met with this company on Friday
3/2.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel.: 970-400-3537
fax: 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
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FIELD CHECK
Inspection Date: 12/28/2018
CASE NUMBER: USR18-0102
APPLICANT: English Feedlot II LLC CIO ReNewTrient LLC
LEGAL DESCRIPTION: Lot A of Recorded Exemption RECX18-0167; located in part of the 5W4 of
Section 8, Ti N, R65W of the 6th P.M., Weld County, Colorado
LOCATION:
North of and adjacent to County Road 10 and approximately 3,300 feet west of
County Road 41.
Zoning
Land Use
N
A (Agricultural)
N
Cropland/SF residence on larger AG
parcel
E
A (Agricultural)
E
Cropland
S
A (Agricultural)
S
Oil and Gas Production
W
A (Agricultural)
W
Cropland
COMMENTS:
English feedlot is on the same property located to the south.
Chris Gathman, Planner
Hello