HomeMy WebLinkAbout20181381.tiffPlanner:
Michael Hall
Case Number: USR17-0076
Owner:
Operator:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: April 17, 2018
De Jager 2007 Living Trust do Arthur L. and Renae A. De Jager, Trustees
Icon Holsteins, LLC do Aric De Jager as Manager
Representative: AGPROfessionals, LLC do Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
Request:
Legal
Description:
Location:
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 a livestock confinement
operation (5,000 head robotic dairy) and one single family dwelling unit per lot other
than those permitted under Section 23-3-20.A (second single family dwelling for farm
employee residence) in the A (Agricultural) Zone District.
The NE4 of Section 4, T4N, R64W of the 6th P.M., Weld County, CO
South of and adjacent to County Road 50; west of and adjacent to County Road 55
Size of Parcel: +1- 156 acres Parcel No. 1053-04-0-00-014
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 School District RE -7, referral dated January 8, 2018
Y Weld County Department of Public Works, referral dated January 26, 2018
Y Weld County Department of Public Health and Environment, referral dated January 22, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V V
Colorado Parks and Wildlife, referral dated January 3, 2018
Weld County Extension Office, referral dated January 18, 2018
Weld County Zoning Compliance, referral dated January 2, 2018
Central Weld County Water District, referral dated January 5, 2018
West Greeley Conservation District, referral dated January 8, 2018
Platte Valley Fire Protection District, referral dated January 8, 2018
Farmers Reservoir and Irrigation Company, referral dated January 8, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Kersey
▪ Weld County Sheriff's Office
▪ Public Service Company of Colorado
▪ Weld County Department of Building Inspection
▪ Colorado Department of Public Health and Environment
▪ United States Department of Agriculture, Animal and
Plant Health Inspection Service Veterinary Services
(USDA APHIS Vet Services)
USR17-0076 - Icon Holsteins, LLC
Page 1 of 12
Planner:
Michael Hall
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: April 17, 2018
Case Number: USR17-0076
Owner: De Jager 2007 Living Trust do Arthur L. and Renae A. De Jager, Trustees
Operator: Icon Holsteins, LLC do Aric De Jager as Manager
Representative: AGPROfessionals, LLC c/o Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
Request:
Legal
Description:
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 a livestock confinement
operation (5,000 head robotic dairy) and one single family dwelling unit per lot other
than those permitted under Section 23-3-20.A (second single family dwelling for farm
employee residence) in the A (Agricultural) Zone District.
The NE4 of Section 4, T4N, R64W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 50; west of and adjacent to County Road 55
Size of Parcel: +/- 156 acres Parcel No. 1053-04-0-00-014
Case Summary:
The applicants are requesting a Use by Special Review permit for a 5,000 -head robotic dairy. The use by
right dairy operation is existing, however the increase in animal units above six (6) animal units per acre
from a total of 500 to 5,000 will require a USR. According the application, activities will include milking
dairy cows; feeding, housing and raising of replacement stock; storing and processing feed; storing and
maintaining dairy equipment; and farming. The expansion of the existing dairy will include two (2)
crossvent dairy barns and robotic milking machines, milk load out area, employee office and restroom
facilities, additional stormwater/wastewater ponds, on -site gravel improvements, CWCWD water storage
tank and one additional employee residence. The existing open lot dairy will be used to milk non-
conforming cows that are not able to be milked by the robotic dairy equipment and the existing milk parlor
will be used as a hospital barn. Hours of operation are 24 -hours a day / 7 -days a week. There will be 15
full-time employees employed at this site.
There are existing pen areas, one (1) milk parlor, one (1) feed building and several cow shades and
outbuildings on the site. There are other associated appurtenances with the dairy operation including an
existing stormwater/wastewater pond and one (1) existing residence on the property.
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:
USR17-0076 - Icon Holsteins, LLC
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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 - 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 small dairy operation. The proposed expansion of the dairy
operation will not change the character of the site. The existing facilities will be updated
and will operate under best management practices for dairy farming. The site is large
enough to handle the expansion which will be located to the north of the existing facilities.
Section 22-2-20.F.3 - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The proposed second residence on the property will allow for accessory quarters for
employees of the dairy. This residence will help the dairy operate efficiently by allowing
employees to live and work on site.
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 County Road 50
is a paved road and that CR 55 is a gravel road. The Department of Public Works did not
have any concerns with the use of these roads for this USR and provided information
regarding tracking control policy and access permit requirements.
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 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.
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 seventeen (17) referral agencies. 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.
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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 and Section 23-3-40.M 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 (5,000 head calf facility) and one single family dwelling
unit per lot other than those permitted under Section 23-3-20.A (second single family
dwelling for farm employee residence) 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
promote the health, safety and general welfare of the present and future residents of the
County."
A dairy for 5,000 cows 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 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 dairy.
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 and rural residences. There are ten (10)
properties adjacent to the site; six (6) with residences located on them. The applicant
does not own any other contiguous land.
There are seven (7) USRs within one mile of this site. USR12-0054 for mineral resource
development facility is located southeast of the site. USR-879 for a heliport is located
east of the site. USR13-0064 for a Non -1041 16" natural gas pipeline is located north of
the site. USR12-0078 for a construction business is located northwest of the site. USR-
1701 for a dog kennel and second home is located northwest of the site. USR-1447 for
an oil and gas support and service facility is located southwest of the site. USR-1224 for
a roping arena is located southwest of the site.
The Weld County Department of Planning Services sent notice to eleven (11)
surrounding property owners. Planning staff received two (2) letters, one (1) email and
one (1) phone call with questions and concerns to this USR. The letters were from
surrounding property owners within 500 feet of the proposed USR boundary and outlined
questions and concerns with pest control, odor, traffic, wastewater transfer and animal
waste/manure management. The email was from a property owner approximately 1/2 mile
east of the site and expressed questions and concerns of animal waste/manure
management and monitoring compliance. The phone call was from a surrounding
property owner within 500 feet who had questions about the project; no concerns were
expressed. The Nuisance Management Plan, Preliminary Waste Management Plan
submitted in the application, and the Improvements Agreement and the Development
Standards should adequately address these concerns.
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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 radius and the Coordinated Planning
Agreement boundary of the Town of Kersey. The applicant mailed the Notice of Inquiry
form and letter on November 16, 2017 to Kersey. No response was received.
Additionally, Kersey was notified during the USR referral process and no response was
received back.
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 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 dairy and will still allow over half of the quarter section to be used for
productive farmland as the dairy operation will only be located on the eastern portion of
the parcel. Additionally, the design of the robotic dairy will limit the amount of land taken
out of the Prime (Irrigated) designation.
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. Central Weld
County Water District has the ability to provide additional water to the site via a proposed
4" tap allotment (30 shares of CBT water) through a 2" tap and on -site water storage tank
per the letter dated July 28, 2017. New septic systems will be constructed for the
proposed expansion. There is an existing septic SP -0000652 for the milk parlor and sized
for 16 employees
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,
USR17-0076 - Icon Holsteins, LLC
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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 USR17-0076. (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. (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 55 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 50 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')
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 and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as
"Wastewater Retention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
13) The applicant shall show the drainage flow arrows. (Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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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 Public Works)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Icon Holsteins, LLC
USR17-0076
1. 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 a livestock confinement operation (5,000 head
robotic dairy) and one single family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single family dwelling for farm employee residence) 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 fifteen (15). (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. 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)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
12. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
13. 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)
14. 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)
15. 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)
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16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
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26. 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)
27. 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)
28. 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)
29. 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)
30. 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)
31. 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)
32. The facility shall notify the County of any revocation and/or suspension of any State issued
permit. (Department of Public Health and Environment)
33. 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)
34. 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)
35. 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)
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36. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
38. 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.
39. 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.
40. 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
USR17-0076 - Icon Holsteins, LLC
Page 11 of 12
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, 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.
USR17-0076 - Icon Holsteins, LLC
Page 12 of 12
March 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
NAYLOR TIM
3050 67TH AVE
GREELEY, CO 80634
Subject: USR17-0076 - 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 a livestock confinement operation (5,000 head
robotic dairy) and one single family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single family dwelling for farm employee residence) in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
NE4 SECTION 4, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 17, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 9, 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.org
If you have any questions concerning this matter, please call.
Respectfw ly,
/J.
Michael Hall
Planner
December 29, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
NAYLOR TIM
3050 67TH AVE
GREELEY, CO 80634
Subject: USR17-0076 - 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 a livestock confinement operation (5,000 head
robotic dairy) and one single family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single family dwelling for farm employee residence) in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
NE4 SECTION 4, T4N, R64W 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:
Kersey at Phone Number 970-353-1681
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.
Respc,ctfully,
7
Michael Hall
Planner
FIELD CHECK
Inspection Date: 4/5/2018
Case Number: USR17-0076
Applicant: De Jager 2007 Living Trust c/o Arthur L. and Renae A. De Jager, Trustees
Operator: Icon Holsteins, LLC c/o Aric De Jager as Manager
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 a
livestock confinement operation (5,000 head robotic dairy) and one single family
dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single family dwelling for farm employee residence) in the A (Agricultural) Zone
District.
Legal
Description:
The NE4 of Section 4, T4N, R64W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 50; west of and adjacent to County Road
55
Size of Parcel:
+1-156 acres
Parcel No. 1053-04-0-00-014
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural / Residential
COMMENTS:
The western 80 acres of the site is farmed. There is a center pivot for irrigation. There are two (2) oil and
gas access points that accesses a Noble Energy tank battery site. There were several observed oil and
gas wellheads on the property. At the NE corner of the property (SW corner of the CR 55 and CR 50
intersection), an access point comes off of CR 55 and appears to be used for ag purposes and for the
grading equipment access. The eastern 80 acres, excluding the existing dairy operation, is being actively
graded. Large earth moving equipment, graders, water trucks and bulldozers were seen operating on the
site and prepping the area where the dairy expansion will be located. The grading permit has not been
approved yet. This activity should not be happening. Large dirt piles are on site and silt fencing is up.
In the southeast portion of the site, there are existing pen areas, one (1) milk parlor, one (1) feed building
and several cow shades and outbuildings on the site. There are other associated appurtenances with the
dairy operation including an existing stormwater/wastewater pond and one (1) existing residence on the
property. Multiple trucks and trailers are on site. There are numerous access points that blend into one
another and creaa large access area with CR 55.
Michael Hall, Planner
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