HomeMy WebLinkAbout20181385.tiffMEMORANDUM
TO: Michael Hall, Planning Services
DATE: January 26, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR17-0076 Brethauer
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project 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.
This project is south of and adjacent to CR 50 and is west of and adjacent to CR 55.
Parcel number 105304000014.
Access is from CR 50 and CR 55.
ACCESS
An Access Permit application was submitted with the application materials. Public Works has reviewed the
application and provides the following recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed
new access point will need to meet the safety spacing criteria for a locally classified road per the Weld
County Engineering and Construction Criteria. If this access point will be used for accessing the dairy
operations then the turning radii will comply with that of a small commercial access point with 60' radii. The
proposed upgraded access point for the new dairy structures (at approx. 1715 ft. south of the intersection)
will need to meet the requirements for a small commercial access point per the type of traffic referenced in
the application. There is an existing ag access point approx. 80 ft. south of the intersection of CR 50 & CR
55. This access point does not meet the safety spacing criteria and will need to be closed and reclaimed.
There are also two existing access points south (at 1775 ft. & 1835 ft.) from the intersection that also don't
meet the safety spacing criteria. These two points will need to be closed and reclaimed to get the property
into compliance with County code and the Weld County Engineering and Construction Criteria. There are
no major concerns with the other two access points (1 -Residential & 1 -AG) from CR 55. There is an oil and
gas "horseshoe" on CR 50 that is not in compliance. Public Works recommends the landowner work with
the oil and gas operator on the closure of the west half of the "horseshoe" access. This will also help bring
the property into compliance. If the Questions concerning access requirements can be directed to Public
Works access permit division.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www weldgov corn/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
ROADS AND RIGHTS -OF -WAY
County Road 50 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www,weldgov.com/departments/publicwarks/permits!.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 50 counted 296 vpd with 23% trucks.
Latest ADT on CR 55 counted 221 vpd with 48% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 6
semis per day and 15 passenger vehicles per day.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips:
• Access onto gravel roads requires a tracking control device and a minimum of 300 feet of recycled
asphalt or road base.
• Access onto paved roads requires either a tracking control device and 100 feet of asphalt OR 300
feet of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldov com/UserFiles/Servers/Server 6/File/Departments/Publie/020Works/DevelopmentR
eviewlsprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
This area IS within a Non -Urbanizing Drainage Area:
Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling
on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year
storm falling on the undeveloped site for NON -URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant's representative has submitted a drainage narrative stating that the site meets exception
1.A.16 for confined animal feeding operations.
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL
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 plan shall be amended to delineate the following:
1. 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)
2. 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)
3. 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)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. 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)
6. 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)
7. The applicant shall show the drainage flow arrows. (Department of Public Works)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. 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)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. 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)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
6. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Michael Hall
From: Ben Frissell, Environmental Health Services
Date: January 22, 2018
Re: USR17-OO76 Brethauer 5,000 Head Dairy
Environmental Health Services has reviewed this proposal 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 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 facility is serviced by an existing commercial septic system (SP -0000652) which is
sized for 16 employees. The application indicates that up to 15 employees would utilize
the site. The application also indicates that a single-family dwelling may be placed on
the property as an employee residence, this will need a new septic system. Water is
supplied to the site through a Central Weld County Water District tap.
The applicant supplied a Management Plan for Nuisance Control to help minimize
conditions that arise from animal confinement operations. There will be no fuel storage
onsite, no washing of vehicles or equipment on -site and there will be no floor drains.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. 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.
2. 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.
Health Administration
Vital Records
lot: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
3. 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.
4. 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.
5. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
6. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
7. 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.
8. 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.
9. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate
in compliance with Colorado Water Quality Control Commission Regulations.
Thcrc shall be no dischargc of manurc or proccss wastcwatcr, cxccpt as providcd
in the facility's CAFO Colorado Discharge Permit.
10. If required, a Stormwater Discharge Permit shall be obtained from the Colorado
Water Quality Control Division, for construction activities.
11.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.
12. The facility shall be operated and maintained in a manner to prevent nuisance
conditions, in accordance with the approved Management Plan for Nuisance
Control.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
19.AII 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.
20. 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.
21. The facility shall notify the County of any revocation and/or suspension of any State
issued permit.
22. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
p rC N/F
JAN 112018
Weld County
EPlanning Department
GRELEYOFFICE
December 29, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerrold & Starla Brethauer, c/o Icon
Holsteins, LLC
Case Number: USR17-0076
Please Reply By: January 26, 2018 Planner: Michael Hall
Project: 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.
Location: South of and adjacent to County Road 50; west of and adjacent to County Road 55
Parcel Number: 105304000014-R4259686 Legal: NE4 SECTION 4, T4N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
a
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our;nterests.
See attached letter.
Signature
Agency
Platte Valley School District Weld RE -7
Date
1-8-2018
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext 3540 (970) 304-6498 fax
E Glenn McClain Jr. Ed.D.
Superintendent of Schools
Platte Valley School District
Weld RE -7
January 8, 2018
Weld County Planning Department
Attn: Michael Hall
1555 N. 17th Avenue
Greeley, CO 80631
RE: USR17-0076
Jarrold & Starla Brethauer, c/o Icon Holsteins, LLC
P. O. hox 485
Kersey CO 80644
Phone: 970-336-8500
Fax: 970-336-8511
Email: gmeclain 'pvre7.org
The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu
policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions
that would affect the district. The policy is specifically intended for land use that will create a new residence.
A cash -in -lieu payment of $750.00 is required for each new residential lot. It is the interpretation of the
district that one new residence is intended to be established with this site -specific development plan.
This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward
this information to potential land developers and individuals requesting to establish a new residence as part
of their site -specific development plan so that they may make arrangements with the school district to satisfy
the requirements of the policy.
The district also requests that the land developer contact the school in regard to transportation. As the
intended use is for residential development, consideration for a school bus stop needs to be examined. Please
contact the district office with specific access locations and student transportation needs.
Please contact my office if you have any questions.
Sincerely,
E. Glenn McClain, Jr., Ed.D.
Superintendent of Schools
pursuing excellence ffor all
RESOLUTION
OF THE
BOARD OF EDUCATION
OF
PLATTE VALLEY SCHOOL DISTRICT RE -7
WHEREAS, growth in residential land development and the construction of new
residential dwellings within the boundaries of the Weld County School District TtF-7 (the
"District") necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in student populations; and
WHEREAS, requiring land dedications for public school sites, or payments in
lieu of land dedications will provide a portion of the land to meet such demand; and
WHEREAS, planning departments within the various local governments that have
territory within the District rr:,ttitinely'refrrN2atillg 'IQ Ow development for
review and comments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments are encouraged and authorized to cooperate with
other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of
planning or regulating the development of land, including, but not limited to, the joint
exercise of planning, zoning, subdivision, building, and related regulations; and
WHEREAS, in an effort to promote further cooperation between the District and
other local governments in connection with the issuance of residential land development
approvals, and in the mitigation of the impacts of such residential land development
approvals on the District's ability to provide adequate school, the District has determined
to adopt a uniform policy with respect to its recommendations to such local governments
in the referral process; and
WHEREAS, the District has determined that the mitigation of the impacts of such
residential land development approvals should occur through the dedication of land for
school sites, or the payment of funds in lieu of such dedication: and
WHEREAS, the policy set forth within constitutes a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost of public school sites acquisition necessary to
accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units;
NOW, Wl-JE.REFORi3, the Board of Education of Weld County School District
RE -7 hereby results as follows:
1. Coo tscration with Local Governments Eocaurag . The ability of. the District
to provide adequate educational opportunities for its student population is dependent
upon, among other matters, the availability of adequate land, or in the alternative the
availability of funds to purchase adequate land. Since the approval of residential land
development applications by local governments with territory within the boundaries of
/the District substantially impacts the District's ability to meet its obligations to the public,
the District shall encourage and request that such local government entities refer to The
District all residential land development applications for review and comments
concerning the adequacy of public school sites and facilities. Further, the District shall
encourage and request that such local go'Vernment entities consider the District's
comments in conjunction with the review and processing of each individual residential
development application, and cooperate with the District in regard to the mitigation
measures established in this Resolution. The District shall promptly review the referred
development application and promptly submit its comments, recommendations and
requests consistent with the policy set forth in this Resolution, to the appropriate local
government.
2. Land Dedication Rc uirements. In connection with any pending or new
application for residential land development to any local government with territory within
the boundaries of the District, the District shall recommend and request that the following
land dedication standards be imposed by such local government as a condition of
development approval, except to the extent that the District, through its Superintendent or
designee, has determined that the best interests of the District would be served 'by the
payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land
shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of
the total size of the approved development, or (b) calculated at the rate of two acres for
every 1,000 new residents reasonably projected by the District for the development.
3. Fees in Lieu of Dedication. In the event the District, through its
Superintendent or designee, determines that dedication of land is not in the best interests
of the District, the District shall recommend and request that the following fees be paid in
lieu of such land dedication, as a condition of approval of the development application by
the local government. The fees shall be calculated as follows: (a) $750 for each new
single-family residence; (b) $585 for each unit in a duplex or triplex; and (c) $420 for
each unit in a multi -family structure other duplexes or triplexes.
4. In -Kind Contributions. The District shall be authorized to accept in -kind
contributions in satisfaction of the requirements set forth in either paragraph 2 or 3
hereof, provided that such in -kind contributions represent a fair equivalent in terms of the
value which would otherwise be realized under the policy set forth in such paragraphs.
5. Land Dedication Procedures. In the event that the District determines that land
should he dedicated to the District, the District shall recommend and request that before
recording the final plat for any development, that the local government require proof that
the property owner has conveyed title to the District by general warranty deed, free and
clear of all liens, encumbrances and exceptions (except those approved in writing by the
2
District), including, without limitation, real property taxes, which shall be prorated to the
date of the conveyance. The property owner shall also provide a title insurance
commitment and policy in an amount equal to the fair market value of.the eledicated
property.
6. Fees in Lieu of Dedication Procedures. In the event that the District
determines that fees should be paid in lieu of dedication of land, the District shall
recommend and request that before recording the final plat for any development, that the
local government require proof that the property owner has either paid in full to the
District the applicable fee based on the total number of residential units proposed for the
development, or alternatively, that an agreement has been signed between the District and
a party in interest acceptable to the District which provides for a means of payment of
such fees upon such terms and conditions as the parties may mutually agree upon. It
shall be an acceptable method of payment, for purposes of such agreements, for the fees
to be paid as building permits are issued.
6. Exemptions. The District has determined that the following types of
residential development do not have an adverse effect on the District's ability to provide
adequate educational facilities; accordingly they are exempt from land dedication
requirements or fees to be paid in lieu of land dedication: (a) alteration or expansion or
replacement of a residential dwelling unit not exceeding an increase of 1000 square feet
over the existing dwelling; (b) assisted living facilities for the elderly; (c) construction of
any building or structure intended for and used for limited terms stays, including by way
of example and not by way of limitation, bed and breakfasts, hotels, family -care or
group -care homes, hoarding or rooming houses, nursing homes, hotels, motels or
hospices; (d) construction of any non-residential building or structure; and (e)
construction of•any residential building or structure classified as housing for older
persons, pursuant to the Federal Fair Housing Act then in effect
7. Use of Funds. The District shall hold or deposit in trust for public school sites
all lands or funds it receives in connection with the application of the policy set forth in
this Resolution. With respect to fiends received, the District shall use such funds solely
for acquisition, development, or expansion of public school sites or for capital facilities
planning, sites acquisition, or capital outlay purposes. The timing, nature, method and
extent of such planning, acquisition, development or outlay shall be at the discretion of
the District.
8. Accounlin' for Dedications or Fees. The District shall cause to be included
within its annual audit a summary and description of the status of receipts of land or fees
in lieu of land dedication, so that full disclosure of the District's activities with respect to
such receipts may he made public.
9. Further Actwone. The District hereby authorizes its Superintendent, and such
other employees, agents or consultants of the District as the Superintendent shall so
designate, to proceed to contact local government entities with territory located within the
boundaries of the District in order to inform such entities of the District's adopted policy,
3
I y: Secretary, Board of Education
Further, in order to ensure the long-term integrity of the policy set forth in this
Resolution, such parties are authorized to proceed to negotiations with such entities
directed towards achieving a formal written agreement with respect to the cooperation
between such local governments and the District
ADOPTED THIS 13 DAY OF Ma r rja_, 2000
PLATTEVALLEY SCHOOL DISTRICT
WELD COUNTY RE -7
By: President, Board of Education
ATTEST
4
Submit by Email
Weld County Referral
December 9, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jarirold & Starla Brethauer, ddo Icon
Holsteins, LLC Case Number USR.17-0076
Please Reply By: January 26, 2018 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
establishments primarily engaged in perfermIng 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
Location: South of and adjacent to County Road 50: west of and adjacent to County Road 55
Parcel Number: 105304000014-R4259686 Legal: NE4 SECTION 4, T4N, RG4W OF THE 6TH P.M.,.
WELD COUNTY. COLORADO.
The application is submitted to you for revuuw and recommendation. My comments or
recommendation you consider relevant to fills request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
H/
We have rev/ewed the request and rind that it does / does not cornply with our Comprehensive
Han because:
We have reviewed the request and find no conflicts with our interests.
See attached fetter.
Signature
Agency
'4EST GREE.LE" CONSERVATION D�S;T 1LT
Date
/.21d
Weld County Planning Dept. 1555 N 171h Ave, Greeley, CO. 80631 (970) 353-6100 ext.354O `970) 304-6498 fax
West Greeley Conservation District
(970) 356-8097
Below
is a
list
of
the
adds
and
their limitations
according
to
the
USDA►, Weld
County
Soil .Survey.
map
Shallow
Dwel
ings
Dwellingswith
Small
Septic Tank
Prime
Farm
Symbol
Soil
Name
Soil Texture
Excavations
Witriouut
basements
Commercial
Absorption
Land
( if
Additional
Comments
4
Aquolls
Flooded
Severe
Severe
Severe
Severe
Severe
No
4i
Olney
Fine Sandy Loam
Slight
Slight
Slight
Slight
Slight
Yes
51
Otero
SandyLoam
Slight
Slight
Slight
Slight
Slight
No
P
The
contact
West Greeley Conservation
our office at (970) 3564097.
District recommends that
If you or the applicant
the
applicant does an on site
have any questions please
soils
feel
test prior
free to call
to any
our office,
construction. For a more complete
soils description consult the weld County Sail Survey or
1
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Produced by the West Greeley Conservation District
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