HomeMy WebLinkAbout20160004.tiff BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR15-0024
APPLICANT LEGACY FARM LLC
PLANNER CHRIS GATHMAN
REQUEST AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT USR-845 (600 HEAD MAXIMUM CAPACITY DAIRY)
TO INCLUDE COVERED INDOOR AND OUTDOOR SELF-STORAGE
( INCLUDING RV. VEHICLE AND BOAT STORAGE) AND A COMMUNITY
GARDEN (COMMUNITY SUPPORTED AGRICULTURE ) AND ONE ( 1 ) SINGLE-
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20 A (A 2ND SINGLE-FAMILY DWELLING ON THE PARCEL) IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION PART S2NW4 SECTION 18. T6N, R67W OF THE 6TH P M WELD COUNTY.
COLORADO
LOCATION . EAST OF AND ADJACENT TO CR 13 AND NORTH OF AND ADJACENT TO CR
685
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 A. A_ Goal 1 . States- "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture. "
The proposed USR amendment will allow a community garden (community supported
agriculture) encouraging the growing and sale of agricultural crops and produce on site
(additionally crops and the applicant has indicated that outside agricultural products grown
offsite will be brought to the site as well)
Section 22-2-20 B. A. Policy 2 .2 . States. "Allow commercial and industrial uses. which are
directly related to or dependent upon agriculture. to locate within agricultural areas when
the impact to surrounding properties is minimal or mitigated and where adequate services
and infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production. "
The proposed Community Garden will be located on an existing dairy site which is
currently covered with existing improvements (free-stall barn and animal pens).
Development standards limiting hours of operation and noise standards will address
compatibility with the adjacent residences to the east. west and south of the site.
Section 22- 1 - 100 E. C , Goal 5 Of the Weld County Code states: "Minimize the
incompatibilities that occur between commercial uses and surrounding properties "
The applicant is proposing covered and outdoor RV storage associated with this USR
amendment. The Department of Planning Services has attached a condition of approval
requiring the outdoor RV. boat and vehicle storage component to be screened from adjacent
properties and rights-of-way. EXHIBIT
p
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 2
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 allows Livestock Confinement Operations as a Use by
Special Review in the A (Agricultural) Zone District. Section 23-3-40. W of the Weld County
Code allows uses similar to the uses listed above as Uses by Special Review (community
garden) as long as the use complies with the general intent of the A (Agricultural) Zone
District. Section 23-3-40. S allows Any use permitted as a Use by Right, an Accessory Use, or
a Use by Special Review in the Commercial or industrial zone districts (self-storage along
with RV, boat and vehicle storage) . provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions. Section 23-30-40 M of the Weld County Code allows one
( 1 ) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (a
2nd single-family dwelling on the parcel) in the A (Agricultural) Zone District
C Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located adjacent to three (3) existing single-family
residences to the west and adjacent to an existing residential subdivision (located in the
Town of Windsor) to the east. Cropland is located to the north and a single family residence
on a larger parcel is located to the south _ No phone calls. e-mails or letters have been
received from surrounding property owners in regards to this case
Development Standards have been attached which address/limit hours of operation and
noise standards
D Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities_
The site is located within the three (3) mile referral areas of the Town of Severance. Town of
Windsor and Larimer County. The Town of Severance in their referral comments, dated
August 4 . 2015 indicated that they have no concerns. The Town of Windsor, in their referral
dated November 17, 2015 requested that the applicant address their comments in regards to
screening. lighting. paving and signage. No referral response has been received from Larimer
County in regards to this case.
The site is currently located within the boundaries of the Weld County/Town of Windsor
Coordinated Planning Agreement boundary However. this application was submitted before
the effective date of the Coordinated Planning Agreement.
E . Section 23-2-220.A . 5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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 approximately 55.64 acres delineated as Prime (Irrigated)
and Irrigated Land (Not Prime) per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map The majority of the site is delineated as Prime with a narrow strip of
land at the western edge of the property delineated as Irrigated (Not Prime) . With the
exception of the site of the future residence, the USR site is covered by existing
improvements including a free-stall barn and animal pens
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following
1 . Prior to recording the map
A. The proposed outdoor RV, vehicle storage area shall be screened from all adjacent properties
and rights of way by either a solid metal . vinyl or wooden fence or with a combination of fencing
and live plant materials. (Department of Planning Services)
B The applicant shall attempt to address the comments of the Town of Windsor as stated in their
referral dated November 17. 2015 (Town of Windsor)
C A 50-foot pipeline easement is shown on the site plan . This easement crosses the areas
delineated as future greenhouse sites. outdoor and covered storage, garden area, overflow
parking, livestock and greenhouses. The applicant shall indicated that any future structures will
be located outside of this easement. If the applicant is proposing to access across and park on
this easement — than written permission shall be required from Sinclair Pipeline Company. As
an alternative. the applicant can provide an agreement/written permission from Sinclair
authorizing building and parking within these areas. (Department of Planning Services)
D The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR15-0024 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3 . The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5 The map shall delineate the landscaping and/or screening . (Department of Planning
Services)
6 . The map shall delineate the lighting . (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C , 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8 County Road 68 . 5 is apaved road and is designated on the Weld County Road
g
Classification Plan 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. If the existing right of way cannot be verified it shall be dedicated . All setbacks shall
be measured from the edge of future right-of-way. This road is maintained by Weld
County (Department of Planning Services - Engineer)
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 4
9 . Show and label the approved accesses (AP15-00334) . and turning radii per engineering
criteria on the site plan. (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 accepted drainage features and drainage flow arrows on the site
plan. Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention , No-Build or Storage Area . Volume = '?' ( Department of
Planning Services-Engineer)
12 Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
13. Site improvements from the USR-845 plat
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copy or
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 S50. 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 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 sent to
mapsna.co.weld. co.us. (Department of Planning Services)
5. Prior to Release of Building Permits.
A. The application indicates the existing free-stall barn will be utilized for vehicle and equipment
storage. A Change of Use building permit will be required (Department of Building Inspection)
6. Prior to Construction:
A If more than 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 .
(Department of Planning Services - Engineer)
7. Prior to the issuance of the Certificate of Occupancy for the new residence
A. An onsite wastewater treatment system is required for the proposed residences and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 5
8. 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)
Motion seconded by Bruce Johnson _
VOTE :
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I . Kristine Ranslem, Recording Secretary for the Weld County Planning Commission , do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on December 1 , 2015
Dated the 1s' of December, 2015.
Digitally signed by Kristine
43\jekii Ranslem
� Date: 2015. 12.04 09:41 :23 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Legacy Farm LLC O/O Everitt Companies
USR15-0024
1 . A Site Specific Development Plan and Use by Special Review Permit. USR15-0024, for an Amendment to
a Site Specific Development Plan and Use By Special Review Permit USR-845 (600 head maximum
capacity dairy) to include covered and outdoor self-storage (including RV, vehicle and boat storage). and a
community garden (community supported agriculture) and one ( 1 ) Single-Family Dwelling Unit per lot
other than those permitted under Section 23-3-20 .A (a 2nd single-family dwelling on the parcel) 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 for the facility (with the exception of special events) are 7 : 00 a. m . - 7:00 p.m .
Monday - Sunday. as stated by the applicant(s) . (Department of Planning Services)
4. In additional to standard community supported agriculture activities. up to fifteen ( 15) special events will
be held annually Special events would include cookouts, concerts. antique equipment shows. harvest
days. holiday lighting and/or other seasonal activities. Special events would end at no later than 9: 30 PM.
Any event which attendance will exceed three-hundred-fifty (350) people where such assembly continues
or can reasonably be expected to continue for three (3) or more consecutive hours will require a separate
assembly permit per Chapter 12 of the Weld County Code (Department of Planning Services)
5. Per Chapter 12 of the Weld County Code: Any event or assembly which it is expected or anticipated that
attendance will exceed three-hundred-fifty (350) people, where such assembly continues or can
reasonably be expected to continue for three (3) or more consecutive hours, will require a permit to hold
the assembly from the Weld County Board of Commissioners. A maximum of ten ( 10) events per year are
allowed (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 landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section
30-20- 100. 5 , C . R. S. ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination_ (Department of Public Health and Environment)
9. 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)
10. 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)
11 . Fugitive dust and fugitive particulate emissions 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)
12 . The facility shall maintain compliance with the Animal Feeding Operations (AFO) Control Regulation
(Regulation No. 61 , 5 CCR 1002- 18) , Colorado Discharge Permit System Regulations (Regulation No.
61 ). and Section 23-4-710 of the Weld County Code (Department of Public Health and Environment)
13. The facility shall comply with the composting section (Section 14) of the Regulation Pertaining to Solid
Waste Sites and Facilities. 6 CCR 1007-2 . Part 1 . if applicable. (Department of Public Health and
Environment)
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 7
14. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
15. The facility shall not discharge runoff or other wastes waters to surface or groundwater with exception to
what is allowed by the Animal Feeding Operations Control Regulation . (Department of Public Health and
Environment)
16 . Odors detected off the site shall not equal or exceed the level of fifteen-to-one dilution threshold. as
measured pursuant to 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 meets 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)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. If the facility will be used on a seasonal basis (6 months or less per year) or will have
10 or less customers per 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)
18. That facility shall be operated in a manner to control flies 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 Fly control measures shall be implemented in the event the Weld County Department of Public
Health and Environment receives 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)
19. All pesticides, fertilizer. and other potentially hazardous chemicals must be handled in a safe manner. in
accordance with product labeling , and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs) . All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
20 . Sewage disposal for the facility shall be by septic system 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)
21 . A permanent. adequate water supply shall be provided for drinking and sanitary purposes The facility
shall utilize the existing public water supply. (Department of Public Health and Environment)
22 . 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)
23. 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)
24. Should noxious weeds exist on the property. or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II . of the Weld County Code_ (Department of Planning Services — Engineer)
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 8
25 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
26 Weld County is not responsible for the maintenance of onsite drainage related features. ( Department of
Planning Services - Engineer)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
28 . The site shall be maintained to mitigate any impacts to the public road including damages and/or tracking
control (Department of Planning Services - Engineer)
29. 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 2011
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)
30_ The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
31 . 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.
32 . 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_
33. 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
34 . 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.
35. 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
RESOLUTION USR15-0024
LEGACY FARM LLC
PAGE 9
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. a 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 .
V C 11J U-feS
174 \t5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 1 , 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Jordan Jemiola. at 12: 30 pm.
Roll Call .
Present: Benjamin Hansford . Bruce Johnson , Bruce Sparrow. Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman, Terry Cross.
Also Present: Kim Ogle. Chris Gathman, Diana Aungst, and Toni Parka, Department of Planning
Services: Wayne Howard, and Jennifer Petrik. Department of Planning Services — Engineering Division;
Lauren Light. Department of Health : Bruce Barker. County Attorney. and Kris Ranslem, Secretary
Motion: Approve the November 17, 2015 Weld County Planning Commission minutes. Moved by
Benjamin Hansford , Seconded by Bruce Johnson . Motion passed unanimously.
CASE NUMBER USR15-0024
APPLICANT: LEGACY FARM LLC
PLANNER: CHRIS GATHMAN
REQUEST AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT USR-845 (600 HEAD MAXIMUM CAPACITY
DAIRY) TO INCLUDE ENCLOSED AND OUTDOOR SELF STORAGE , A
COMMUNITY GARDEN (COMMUNITY SUPPORTED AGRICULTURE) AND
ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (A 2ND SINGLE-FAMILY DWELLING
ON THE PARCEL) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION PART S2NW4 SECTION 18, T6N, R67W OF THE 6TH P. M. . WELD COUNTY,
COLORADO
LOCATION EAST OF AND ADJACENT TO CR 13 AND NORTH OF AND ADJACENT TO
CR685
Chris Gathman , Planning Services, presented Case USR15-0024. reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard , Engineering , reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements, on-site
dust control . and the Waste Handling Plan.
Stan Everitt. 695 South Wood Lane, Windsor. Colorado. stated that the proposal is to continue to retain
the use of the 600 cow dairy and to replace the facilities with these other requested uses. He
understands that the dairy has not operated for approximately six (6) months and that if it is not operated
in another two and one-half years then that component of the USR permit would expire.
Mr. Everitt stated that they held a neighborhood meeting on November 5th and one gentleman showed up;
however over the summer several neighbors showed up and were in support of the proposal for this
property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Ruth Berley stated that she lives in the Windshire Subdivision . She asked if the applicant will operate a
dairy there and if so how many cattle would be there. Mr. Gathman said that up to four (4) cattle per acre
is an allowed as a Use by Right. Under USR-845. this permit allows the landowner to have up to 600
cows on site.
EXHIBIT
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Mr. Everitt said that if the dairy is not operated in a three year period then it is expired. He said that
presently they are not operating as a dairy and added that if the proposed uses are successful within the
next two and one-half years then they would let the dairy expire. However they would like to maintain
their right under USR-845 if a dairy becomes the business of choice
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR15-0024 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Benjamin Hansford, Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford, Bruce Johnson , Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman. Terry Cross.
Meeting adjourned at 3: 57 pm
Respectfully submitted,
Digitally signed by Kristine Ranslem
45\1.66111-' Date: 2015 . 12.04 09:33: 10 -07'00'
Kristine Ranslem
Secretary
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