HomeMy WebLinkAbout20181013.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst
Case Number: USR17-0061
Applicant: Que and Debora J. Fullmer
Representative: Tim Naylor, AGPROfessionals, LLC
6050 67th Avenue Suite 200, Greeley, CO 80634
Request:
Hearing Date: February 20, 2018
A Site Specific Development Plan and Use by Special Review Permit for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry
or horticultural service on a fee or contract basis, including a livestock confinement
operation (20,000 head calf facility) in the A (Agricultural) Zone District.
Legal Lot D of Recorded Exemption RECX14-0015 being part E2E2 and Lots C and D of
Description: Recorded Exemption RECX14-0014 being part W2E2; all in Section 32, T4N, R64W of
the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 40; west of and adjacent to CR 53.
Size of Parcel: +/- 288.29 acres Parcel No. 1053-32-1-00-004
1053-32-1-00-005
1053-32-1-00-006
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 Works, referral dated December 13, 2017
y State of Colorado, Division of Water Resources, referral dated December 6, 2017
y Weld County Department of Public Works - Engineer, referral dated December 13, 2017
y Weld County Department of Public Health and Environment, referral dated November 29, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
VVVVV°
Weld County Sheriff's Office, referral dated December 1, 2017
Weld County Zoning Compliance, referral dated November 14, 2017
Weld County School District RE -7, referral dated November 21, 2017
West Greeley Conservation District, referral dated December 13, 2017
Platte Valley Fire Protection District, referral dated November 14, 2017
State of Colorado Department of Agriculture, Division of Animal Industry, referral dated November 21,
2017
USR17-0061
Page 1 0112
The Department of Planning Services' staff has not received responses from the following agencies:
y Weld County Department of Building Inspection
y United States Department of Agriculture, Animal and Plant Health Inspection Service Veterinary
Services (USDA APHIS Vet Services)
USR17-0061
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Diana Aungst
Case Number: USR17-0061
Applicant: Que and Debora J. Fullmer
Representative: Tim Naylor, AGPROfessionals, LLC
6050 67th Avenue Suite 200, Greeley, CO 80634
Request:
Legal
Description:
Hearing Date: February 20, 2018
A Site Specific Development Plan and Use by Special Review Permit for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry
or horticultural service on a fee or contract basis, including a livestock confinement
operation (20,000 head calf facility) in the A (Agricultural) Zone District.
Lot D of Recorded Exemption RECX14-0015 being part E2E2 and Lots C and D of
Recorded Exemption RECX14-0014 being part W2E2; all in Section 32, T4N, R64W of
the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 40; west of and adjacent to CR 53.
Size of Parcel: +/- 288.29 acres
Case Summary:
Parcel No. 1053-32-1-00-004
1053-32-1-00-005
1053-32-1-00-006
The applicants are requesting a Use by Special Review permit for a 20,000 -head calf facility. Hours of
operation are 24 -hours a day / 7 -days a week. There will be 25-30 full-time employees employed at this
site. The perimeter fence will consist of 3 or 4 strand barbed wire and the calf 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.
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.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20.G.2
- A.Palicy 7.2 states, "Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region."
USR17-0061
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The site is an historic turkey production facility. The existing turkey barns will be
updated for raising dairy calves. Outdoor calf huts and pens will be built on the north
central portion of the property.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban
residential, commercial and industrial uses should be considered when the subject site is
located inside an Intergovernmental Agreement area, Urban Growth Boundary area,
Regional Urbanization Area or Urban Development Nodes, or where adequate services
are currently available or reasonably obtainable. A municipality's adopted comprehensive
plan should be considered, but should not determine the appropriateness of such
conversion."
This site is not located within three miles of any municipality.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate
that the roadway facilities associated with the proposed development are adequate in
width, classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 53 is a paved
road and that CR 40 is a gravel road. The Department of Public Works did not have any
concerns with the use of these roads for this USR.
Section 22-2-20.H.8 - A.Policy 8A. 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 Department of Planning
Services - Engineer. No concerns were identified with the drainage narrative.
Section 22-2-20.H.8 - A.Policy 8.5. states, "The land use applicants should demonstrate
that public service providers, such as but not limited to schools, emergency services and
fire protection, are informed of the proposed development and are given adequate
opportunity to comment on the proposal."
The USR was sent to twelve (12) referral agencies including the school district, the
Division of Water Resources, and the fire district. The referral agencies had 28 days to
review this USR and most of them submitted response of 'no concerns' with the rest
submitting comments or conditions that are incorporated as Conditions of Approval or
Development Standards in the staff recommendation.
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.16 of the Weld County Code which allows
for A Site Specific Development Plan and Use by Special Review Permit for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural service on a fee or contract basis, including a livestock confinement
operation (20,000 head calf facility) in 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. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production
without the interference of other, incompatible land uses. 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 A (Agricultural) Zone District regulations are established to
USR17-0061
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promote the health, safety and general welfare of the present and future residents of the
County."
A livestock confinement operation is an agricultural activity located in the A
(Agricultural) Zone District. The proposed USR is in an area that can support this
development and the Development Standards and the Conditions of Approval will assist
in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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 pastures, crops, and rural residences. There are seven
properties adjacent to the site with residences located on them. Three of these
residential properties are owned by the applicant.
There are seven (7) USRs within one mile of this site. USR12-0052 for a non -1041 major
facility of a public utility greater than 10 inch crude oil pipeline is located along the
eastern boundary of the site, USR12-0006 for a non -1041 major facility of a public 12 -
inch natural gas pipeline is located along the northern boundary of the site, USR-854 for
8 communication towers and SUP -124 for a hog farm are located west of the site, SUP -
197 for a hog farm, Amended USR-991 for an oil and gas production facility and SUP -
153 for a dairy (150) cows are all located east of the site.
The Weld County Department of Planning Services has received 2 letters and one phone
call objecting to this USR. The letters outline concerns due to the unresolved problem
with Heartland and the location of two other feed lots in the area. The phone call also
objected to this USR due to the situation at Heartland and the nuisances i.e. odors and
flies that are expected to occur with this operation.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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.
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 located on soils designated as "Other" "Irrigated Land (Not Prime)"
and "Prime if they become irrigated" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR will not take any "Prime (Irrigated)" Farmland
out of production.
USR17-0061
Page 5 0112
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. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance including, but not limited to dust control, tracking control,
damage repair, specified haul routes and future traffic triggers for improvements will be
included. (Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0061. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The applicant shall delineate 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) If applicable, 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)
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 40 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)
8) County Road 53 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 future and existing right-
of-way. 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, and the appropriate turning radii (60
feet) on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
USR17-0061
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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 and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled and shall
include the calculated volume. (Department of Public Works - Engineer)
13) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works -Engineer)
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. 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. 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)
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 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)
USR17-0061
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Que and Debora J. Fullmer
USR17-0061
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0061, for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural service on a fee or contract basis, including a livestock confinement
operation (20,000 head calf facility) 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. (Department of Planning Services)
4. The number of employees shall be thirty (30). (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. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works - Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works - Engineer)
12. 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)
13. 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)
14. 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)
15. 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)
USR17-0061
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16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. 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)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
19. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in compliance
with Colorado Water Quality Control Commission Regulations. There shall be no discharge of
manure or process wastewater, except as provided in the facility's CAFO Colorado Discharge
Permit. (Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. The facility shall be operated in a manner to control pests at all times, in accordance with the
current approved Management Plan for Nuisance Control. Additional control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment, in
the event that rodents, which can be determined to be associated with the facility, are in such a
number to be considered a nuisance condition.(Department of Public Health and Environment)
24. The facility shall be operated in a manner to control flies at all times, in accordance with the
current approved Management Plan for Nuisance Control. Additional fly control measures shall
be implemented at the request of the Weld County Department of Public Health and Environment,
in the event that flies, which can be determined to be associated with the facility, are in such a
number to be considered a nuisance condition.Additional controls shall also be implemented in
the event the Weld County Department of Public Health and Environment received a significant
number of fly complaints associated with the facility, and in the judgment of the Weld County
Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and
Environment)
25. The facility shall be operated in a manner to control odors at all times, in accordance with the
approved Management Plan for Nuisance Control. 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)
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26. 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)
27. 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)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. 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)
30. 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)
31. 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)
32. 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: 2012 International Codes; 2006 International
Energy Code; 2014 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)
33. 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.
34. 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.
35. 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.
USR17-0061
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36. 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.
37. WELD COUNTY'S RIGHT TO FARM: 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 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.
USR17-0061
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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.
USR17-0061
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January 22, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
NAYLOR TIM
3050 67TH AVE #200
GREELEY, CO 80634
Subject: USR17-0061 - A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural service on a fee or contract basis, including a livestock confinement operation (20,000 head
calf facility) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT E2E2 32 4 64 LOT D REC EXEMPT RECX14-0015 OF THE 6TH P.M., WELD COUNTY,
PT W2E2 32 4 64 LOT D REC EXEMPT RECX14-0014 OF THE 6TH P.M., WELD COUNTY,
PT W2E2 32 4 64 LOT C REC EXEMPT RECX14-0014 OF THE 6TH P.M., WELD COUNTY,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 20, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 7, 2018 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,
OkAk-Q9,a1/1/(p)
Diana Aungst
Planner
November 14, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
NAYLOR TIM
3050 67TH AVE #200
GREELEY, CO 80634
Subject: USR17-0061 - A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural service son a fee or contract basis, including a livestock confinement operation (20,000
head calf facility) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART E2E2 SECTION 32, T4N, R64W LOT D REC EXEMPT RECX14-0015 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.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 2/9/18
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
USR17-0061
Que and Debora J. Fullmer
Tim Naylor, AGPROfessionals, LLC
6050 67th Avenue Suite 200, Greeley, CO 80634
A Site Specific Development Plan and Use by Special Review Permit for Agricultural
Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural service on a fee or contract basis, including a livestock
confinement operation (20,000 head calf facility) in the A (Agricultural) Zone District.
Lot D of Recorded Exemption RECX14-0015 being part E2E2 and Lots C and D of
Recorded Exemption RECX14-0014 being part W2E2; all in Section 32, T4N, R64W
of the 6th P.M., Weld County, CO
South of and adjacent to CR 40; west of and adjacent to CR 53.
+/- 288.29 acres
Parcel No. 1053-32-1-00-004
1053-32-1-00-005
1053-32-1-00-006
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural/Rural Residential
S
A (Agricultural)
S
Agricultural/Rural Residential
W
A (Agricultural)
W
Agricultural
COMMENTS:
The USR site contains about 20 old turkey barns and other misc out buildings. There is an
access off of WCR 53.
Diana Aungst, Planner
Hello