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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: January 16, 2018
USR17-0063
Rose Holdings, Inc. dba Shepherd Enterprises, c/o Daniel C. Shepherd
1771 County Road 23, Brighton, Colorado 80603
A Site Specific Development Plan and Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: sorting, grading and
packing fruits and vegetables for the grower and for uses similar to the uses listed
above as Uses by Special Review as long as the use complies with the general intent
of the A (Agricultural) Zone District (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy
and produce) in the A (Agriculture) Zone District
Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado
Approximately 2600 feet east of County Road 23; South of and adjacent to County
Road 6 and west of and adjacent to Leona Avenue (Wattenberg Townsite).
Size of Parcel: +/- 16.6 acres Parcel No. 1469-25-0-00-011
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V V V V V
Weld County Zoning Compliance, referral dated November 11, 2017
Weld County Department of Public Health and Environment, referral dated December 4, 2017
State of Colorado, Division of Water Resources, referral dated December 5, 2017
Brighton Fire Protection District, referral dated December 14, 2017, January 9, 2018
Weld County Planning Services - Floodplain, referral dated December 19, 2017
Weld County Department of Planning Services - Engineer, referral dated December 19, 2017
Weld County Department of Public Works, referral dated December 19, 2017
Weld County Department of Building Inspection, referral dated January 8, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ US Army, Corps of Engineers, referral dated November 13, 2017
▪ City of Fort Lupton, referral dated November 27, 2017
▪ Weld County Sherriff's Office, referral dated December 4, 2017
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
State of Colorado Parks & Wildlife
Weld County Department of Public Works - Access
State of Colorado, Department of Public Health and Environment
State of Colorado Department of Transportation
Federal Emergency Management Agency
West Adams Conservation District
City of Brighton
U S R17-0063
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clo Daniel C. Shepherd
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: January 16, 2018
Case Number: USR17-0063
Applicant: Rose Holdings, Inc. dba Shepherd Enterprises, do Daniel C. Shepherd
Address: 1771 County Road 23, Brighton, Colorado 80603
Request: A Site Specific Development Plan and Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: sorting, grading and
packing fruits and vegetables for the grower and for uses similar to the uses listed
above as Uses by Special Review as long as the use complies with the general intent
of the A (Agricultural) Zone District (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy
and produce) in the A (Agriculture) Zone District
Legal
Description:
Location: Approximately 2600 feet east of County Road 23; South of and adjacent to County
Road 6 and west of and adjacent to Leona Avenue (Wattenberg Townsite).
Size of Parcel: +/- 16.6 acres Parcel No. 1469-25-0-00-011
Case Summary:
Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado
The property has improvements on site consisting of a greater than 25,000 SF one-story metal building
having an office, warehouse and cooler for the storage of raw and package fruits, vegetables and similar
agricultural products for human consumption. This building and land are also the base of operations for
Shepherd Enterprises, a produce, meat and dairy trucking distribution company. Typically, the over -the
road trucks head out to the distribution market and are gone for three days before returning for a new load.
Local distribution delivery trucks come and go over the course of the business day. Rarely are all the trucks
present on site. The proposed facility will have up to 26 full time employees on site for business operations
and up to 10 over -the -road drivers may access the property during the business day. Currently the property
has only the building on site. Planning staff has received multiple telephone calls of inquiry and has
received three letters of opposition.
The property is in violation of the Weld County Code initiated due to the addition of a large trucking business
without first completing the necessary Weld County Zoning Permits or Building Permits. Approval of this
application by the Board of County Commissioners would correct the outstanding violations. If this
application is denied, the case will continue through the District Court process until the violations are
removed from the property.
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.B.2 A.Policy 2.2 allows for commercial and industrial uses, which are
directly related to or dependent upon agriculture, to locate within agricultural areas when
the impact to surrounding properties is minimal or mitigated and where adequate services
and infrastructure are currently available or reasonably obtainable. These commercial
and industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production.
The existing concrete building constructed in 1968 as an insulted produce storage building
with an attached cooler was expanded in 1974 to include two offices and an interior loading
and staging area with roll -up doors on each end. The use of the building has historically
been utilized for the sorting, storage and packing of area produce prior to preparing for
shipment to market. The property has been utilized for the parking and staging of over the
road vehicles and is encumbered by the South Platte river floodplain. The lands located
within the floodplain have historically had at least one cutting of alfalfa.
The applicant, seeks to utilize the building and property as a warehouse and distribution
facility for raw food shipment. The applicant operates a food distribution trucking company
utilizing the existing refrigerated warehouse to transfer refrigerated freight from trailer to
trailer for distribution purposes.
Section 22-6-20.A ECON.Goal 1. Encourage the expansion of existing businesses and the
location of new industries that will provide employment opportunities in the County.
The current operator utilizes the building for the same purpose with the intensity of the use
being greater than historically was present on the property. Per the application, the owner
is proposing to operate up to 60 refrigerator tractor trailer trucks for over -the -road
distribution of meat, dairy and produce across the country. While the company trucks are
on the road, employees, including drivers may park their personal vehicles on site. There
are twenty-six persons employed full time on the site, including 8 local drivers using
company trucks for pickup and delivery; 3 persons working in the warehouse; 3 persons
working in the shop and 12 persons working in the office.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility borders Wattenberg
Townsite a residential development to the east, to the north, west and south are large tracts
of land in agricultural production. Given the intensity of the proposal, staff will require the
outdoor storage/staging of vehicles to be screened; a Parking Plan to address the parking
location on the property to mitigate the impacts of noise and exhaust onto neighboring
properties and as a condition of approval the site lighting will be directed downward and
away from neighboring properties.
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. allows for an Agricultural Service
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
Page 4 of 12
establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: Sorting, grading and packing
fruits and vegetables for the grower, and
Section 23-3-40.W allows for uses similar to the uses listed above as Uses by Special
Review as long as the use complies with the general intent of the A (Agricultural) Zone
District (parking, staging and storage of commercial vehicles and equipment and the
trucking of agricultural products including meat, dairy and produce) as a Use by Special
Review in the A (Agricultural) Zone District.
The use on the property continues as a warehouse and distribution center for agricultural
products historically grown on premise and more recently, for agricultural products,
including dairy and meat products grown off site by local area farmers. The intensity of
activity associated with the facility has grown with the new owner and the associated
delivery and over the road trucking operation.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties located adjacent to the east
are lands associated with the Wattenberg Townsite utilized as single family residences; to
the south are lands utilized for agriculture production and lie within the 100 year floodplain
associated with the South Platte river, to the west are lands in agricultural production and
have oil and gas encumbrances and to the north, across County Road 6 are agricultural
lands with oil and gas encumbrances and without improvements. As previously stated,
staff is requiring the outdoor storage /staging of vehicles to be screened; a Parking Plan to
address the parking location on the property to mitigate the impacts of noise and exhaust
onto neighboring properties and as a condition of approval the site lighting will be directed
downward and away from neighboring properties.
Planning staff obtained a string of email correspondence dating back to November 7, 2017
with concerns on the operation of the business on the property and specifically related to
long hours of operation and noise associated with the on -site activity. One individual is of
the opinion that the business is operating outside of the stipulated agreement, signed by
the County Attorney's Office and the applicant and owner of the business on November
27, 2017.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within three miles of the City of Fort Lupton, City of Brighton and Adams
County. The City of Fort Lupton returned a referral dated November 27, 2017 indicting no
concerns. The City of Brighton and Adams County did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is located within the 100 -year Floodplain, and not within
the Airport or Geologic hazard areas. The property is located within the County -Wide Road
Impact Fee Area and the Capital Expansion Impact Fee area.
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.
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
Page 5 of 12
The proposed facility is located on approximately 16.6 acres designated "Other Land" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site
does not have irrigation water rights therefore no prime farm ground will be removed from
the County.
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 USR map:
A. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. All parking areas, vehicle staging and loading areas shall be screened
with an opaque material from adjacent properties and public rights of way. (Department of
Planning Services)
B. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing structure. The septic system shall be reviewed by a
Colorado Registered Professional Engineer in association with the submittal of a septic
permit application. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
C. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well permitted as 13320-F is appropriately permitted for the
commercial use. Documentation shall be provided to the Department of Planning Services
and the Environmental Health Services Division. (Department of Public Health and
Environment)
D. The applicant shall submit photos of the sealed floor drains to the Department of Planning
Services and the Environmental Health Services Division. (Department of Public Health and
Environment)
E. 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)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0063 (Department of Planning Services)
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
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2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. (Department of Planning
Services)
5. The screening shall be shown on the map in accordance with Section 23-3-250.A.5 of
the Weld County Code. (Department of Planning Services)
6. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the
Weld County Code. (Department of Planning Services)
7. The parking shall be shown on the map in accordance with Section 23-3-250.A.2 of
the Weld County Code. (Department of Planning Services
8. Show the location and dimension of the facility sign. 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
9. Leona Avenue is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
10. County Road 6 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)
11. 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)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. 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)
14. Show and label all easements with the recorded document reception number and date
on the site plan. (Department of Planning Services)
15. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
16. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
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17. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. 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)
C. The applicant shall address the concerns of the Department of Building Inspection as stated
in their referral dated January 8, 2018. (Department of Building Inspection)
D. The applicant shall attempt to address the concerns of the Brighton Fire Protection District
as stated in their referral dated December 14, 2017. (Brighton Fire Protection District)
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the USR 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)
4. 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)
5. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
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)
U S R17-0063
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clo Daniel C. Shepherd
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rose Holdings, Inc. dba Shepherd Enterprises
do Daniel C. Shepherd
USR17-0063
I. A Site Specific Development Plan and Special Review Permit, USR17-0063 for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: sorting, grading and packing fruits and vegetables for
the grower and for uses similar to the uses listed above as Uses by Special Review as long as the
use complies with the general intent of the A (Agricultural) Zone District (parking, staging and storage
of commercial vehicles and equipment and the trucking of agricultural products including meat, dairy
and produce) in the A (Agriculture) 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
Company Office: 6:00 a.m. - 6:00 p.m. Monday - Sunday
Warehouse: 6:00 a.m. - 10:00 p.m. Monday - Friday
Warehouse: 6:00 a.m. - 6:00 p.m. Saturday and Sunday
Local and Over -the -road truck drivers: 24 hours/ day Monday through Friday
Local and Over -the -road truck drivers: Saturday and Sunday 6:00 a.m. - 6:00 p.m. as stated in the
application materials. (Department of Planning Services)
4. The number of persons employed on site shall be restricted to 26 persons, as stated in the application
materials. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The property owner shall control noxious weeds on the site. (Department of Public Works)
7. 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)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
9. 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)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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12. 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)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, 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)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (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. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (Department of Public
Health and Environment)
19. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Health and Environment)
20.The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
21.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)
22. 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)
23. The screening on the site shall be maintained. (Department of Planning Services)
24. The historical flow patterns and run-off amounts on site will be maintained. (Department of Planning
Services - Engineer)
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25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
26. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -2115E effective date January 20, 2016 (South Platte River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
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clo Daniel C. Shepherd
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33. 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.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
U S R17-0063
Rose Holdings, Inc. dba Shepherd Enterprises
clo Daniel C. Shepherd
Page 12 of 12
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.Q. Box 2038,
Greeley, Colorado 80632
Phone Number: (970) 351-7300
❑ FOR COURT USE ONLY ❑
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Petitioner
v.
DANIEL CHARLES SHEPHERD AND ROSE
HOLDINGS, INC.
Respondents.
Karin McDougal, Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Phone Number: (970) 336-7235
Fax Number: (970) 352-0242
E -Mail: kmcdougal@weldgov.com
Attorney Registration #48541
Case Number: 17CV30757
Division: 4
STIPULATION
COMES NOW the Plaintiff, by and through its attorney, and Respondents DANIEL
CHARLES SHEPHERD AND ROSE HOLDINGS, INC. and moves this Court to accept
the following stipulation as agreed upon by the parties.
1. This Court has subject matter and personal jurisdiction herein.
2. The Respondents are the owners of property described as: PT N2NW4 25-1-67
LOT B REC EXEMPT RE -373, also knowns as 1931 Leona Avenue, Fort Lupton, Weld
County, Colorado, "A (Agricultural) Zone District".
3. There have been violations of the Weld County Code Chapter 23, due to the
presence and operation of a commercial business in the Agricultural Zone District without
first obtaining the required Weld County land use permits;
4. Respondents acknowledge that it is possible to correct the violations on the
property and Respondents have the present ability to comply with the terms of this
stipulation.
5. Respondents agree to do the following actions immediately:
• Respondents agree to limit trucks coming onto the property to the following hours:
o Monday through Thursday, hours will be 6:00 am until 7:00pm. After 5:00
pm the trucks will stop use of the 3 docks located furthest east and closest
to the Wattenburg Subdivision.
o Friday, hours will be 6:00 am until 9:00 pm. After 5:00 pm the trucks will
stop use of the 3 docks located furthest east and closest to the Wattenburg
Subdivision.
o Saturday hours will 6:00 am until 4:00 pm.
o Sundays hours will 6:00 am until 4:00 pm.
• Respondents agree to take measures to limit noise, dust, lights, and diesel fumes
from trucks.
• Respondents agree to not use back-up alarms.
• Respondents agree to only park the trucks on the west side of the property and
outside the flood plain.
• Respondents agree to submit any missing or requested information as it pertains
to the Use by Special Review (USR) application to the Department of Planning
Services in a timely fashion.
• Respondents agree to attend the future Planning Commission Hearing and the
future Board of County Commissioner Hearing when scheduled for the Use by
Special Review (USR) application process.
• If the USR is not approved, Respondents agree to remove the business within 45
days of denial of the application.
6. Respondents also agree:
• To appear in this Court on the review date, unless the case has been dismissed
by Weld County.
• That this Stipulation is just and equitable and not a result of duress.
7. Petitioner Weld County agrees:
• To file a motion to dismiss this case, if Respondents complies with the terms of
this stipulation and the USR is approved or if the business is removed.
• Plaintiff reserves the right to pursue additional enforcement action against
Respondents for any County Code violations that are not included in the
complaint.
8. Review Date. The parties request this Court set a review hearing on or about April 1,
2018, depending on Court availability to determine whether the USR has been
approved or if not, that the business has been removed from the property.
Defendants must be ready to proceed to a hearing on the review date.
Respectfully submitted,
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: J ' r.. -
K RIN MCDOUGAL O #48541
Assistant Weld County Attorney
By:
ARLES SHEPHERD, INDIVIDUALLY AND
QN BE • LF OF ROSE HOLDING INC.
December 11, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
SHEPHERD DANIEL CHARLES
1771 CR 23
BRIGHTON CO 80603
Subject: USR17-0063 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND VEGETABLES
FOR THE GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS USES BY
SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL
VEHICLES AND EQUIPMENT AND THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING
MEAT, DAIRY AND PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT
On parcel(s) of land described as:
PART N2NW4 SECTION 25, T1N, R67W LOT B REC EXEMPT RE -373 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 16, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 31, 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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfull
Kim Ogle
Planner
November 17, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
SHEPHERD DANIEL
1771 CR 23
BRIGHTON CO 80603
Subject: USR17-0063 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND
VEGETABLES FOR THE GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS
USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF
THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL
VEHICLES AND EQUIPMENT AND THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING
MEAT, DAIRY AND PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT
On parcel(s) of land described as:
PART N2NW4 SECTION 25, T1N, R67W LOT B REC EXEMPT RE -373 AND THAT PART OF VAC
LEONA AVE 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:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK - USR17-0063
Inspection Date: December 29, 2017
Applicant: Rose Holdings, Inc. dba Shepherd Enterprises, c/o Daniel C. Shepherd
Request: A Site Specific Development Plan and Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: sorting, grading and packing fruits and
vegetables for the grower and for uses similar to the uses listed above as Uses by Special
Review as long as the use complies with the general intent of the A (Agricultural) Zone
District (parking, staging and storage of commercial vehicles and equipment and the trucking
of agricultural products including meat, dairy and produce) in the A (Agriculture) Zone District
Legal: Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67 West of
the 6th P.M., County of Weld, State of Colorado
Location: Approximately 2600 feet east of County Road 23: South of and adjacent to County Road 6
and west of and adjacent to Leona Avenue (Wattenberg Townsite).
Parcel ID #: 1469-25-0-00-011
Acres: 16.6 +/-
Zoning
Land Use
N
AGRICULTURE
N
Agricultural land, vacant of improvements with Oil & Gas encumbrances
E
AGRICULTURE
E
Wattenberg Townsite - residential development
S
AGRICULTURE
S
Agricultural land, vacant of improvements within Floodplain
W
AGRICULTURE
W
Agricultural land, vacant of improvements with Oil & Gas encumbrances
History of building:
The existing one-story 22,560 SF metal building was constructed in 1967 and was a warehouse for
vegetables, including the receiving, processing, grading, packaging and shipment of limited vegetables
for local and distance distribution. Of the warehouse area, 1000 SF is utilized for office space and 21,560
SF for production and storage facilities.
In 1971 a 2960 SF addition was constructed for usage as a well -insulated cooler for the storing of raw
and packaged vegetables until such time to be considered for process and or shipping.
Comments:
The existing concrete tilt -up building on site has a loading area with five (5) roll -up overhead doors
located on the south side of the building. There is also a single roll -up door located on the west end of
the building. Mandoors are also present throughout the structure. The parking, staging and storage of
enclosed, refrigerator and flatbed trailers are located north of the building and out of the floodplain area
as identified on the maps as floodplain. There are enclosed trailers, some three trailers deep adjacent to
the east property line in a parallel to the property line configuration. On the west property line are the
refrigerator trailers backed in and perpendicular to the west property line. The north property line is lined
with local delivery trucks, are backed in and are aligned perpendicular to the property line. The middle
of the property serves as a parking area for employee vehicles and over -the -road tractors without trailers
attached. The entire property is fenced at the perimeter and there is a single access gate currently
located adjacent to Leona Avenue, the westernmost townsite road. There is a gate that is present and
would appear to span the entire width of the driveway. Lighting appears to be wall mounted. Pole
lighting of the parking areas was not identified. The parking surface appears to have a gravel base.
Aside from native grasses on the north side of the building and alfalfa plant on the south side of the
building there is no additional landscape component.
There is not a residence located on site.
County Road 6 is a paved two lane road with a posted speed of 35 mph, but many vehicles travel in
excess of this posted limit. There is good visibility for accessing and leaving the property, with the lone
concern being excessive speed. The current owner does not have a sign advertising the facility.
1.,,g -
Signature
❑ Access to Property
❑ Ditch ❑ Topography
❑ Site Distance ❑ Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site.
Hello