HomeMy WebLinkAbout20160005.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: December 1, 2015
Case Number: USR15-0024
Applicant: Legacy Farms LLC CIO Stan Everitt — Everitt Companies
Address: 3003 East Harmony Road, Suite 400, Fort Collins, CO 80528
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 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 of S2NW4 of Section 18, T6N, R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 13 and north of and adjacent to County Road
68.5.
Size of Parcel: +/- 55.64 acres Parcel No. 0807-18-0-00-060
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:
VVVVVV
Weld County Zoning Compliance, referral dated August 13, 2013
Weld County Department of Planning Services -Engineer, referral dated August 28, 2015
Weld County Department of Building Inspection, referral dated September 3, 2013
Weld County Department of Public Health and Environment, referral dated August 17, 2015
Weld County Public Works — Access Permit, referral dated August 20, 2015
Town of Windsor, referral dated, November 17, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Severance, referral dated August 4, 2015
➢ Weld County Zoning Compliance, referral dated July 31, 2015
Y Weld County Extension Service, referral dated August 13, 2015
• Weld County Sheriff's Office, referral dated July 31, 2015
• State of Colorado, Division of Water Resources, referral dated August 17, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ School District RE -4
➢ Larimer County
'./.> Windsor -Severance Fire Protection District
'./.> Fort Collins Soil Conservation District
USR15-0024 Everitt Companies Page 1
Planner:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December
1,2015
Case Number: USR15-0024
Applicant: Stan Everitt — Everitt Companies
Address: 3003 East Harmony Road, Suite 400, Fort Collins, CO 80528
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 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 of S2NW4 of Section 18, T6N, R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 13 and north of and adjacent to County Road
68.5.
Size of Parcel:
Case Summary:
+/- 55.64 acres Parcel No. 0807-18-0-00-060
The applicant is proposing to amend an existing Use by Special Review Permit for a dairy facility
operating under Use by Special Review (USR) # 845 for a 600 head maximum capacity dairy. This USR
was approved in September of 1988. The applicant is proposing a community garden, covered self -
storage and covered and outdoor boat, RV and vehicle storage. In addition to the proposed indoor self -
storage buildings, the application indicates that an existing free -stall barn onsite that will be utilized for
vehicle and equipment storage.
The application is also proposing a Community Supported Agriculture (CSA) component. This will include
garden areas for food and decorative plants, greenhouses, tool and equipment storage buildings,
equipment maintenance shop, garden retail center, livestock area and a garden caretaker quarters mobile
home. Customers would be allowed to come to the site and pick produce grown on the site. This use is
proposed to be seasonal (running from March to early November). Hours of operation are proposed to be
from 7:00 AM to 7:00 PM with the exception of special events (including cookouts, concerts, antique
shows, harvest days, holiday lighting and/other seasonal activities). The application indicates that no
more than 15 of these events would occur on an annual basis and would end no later than 9:30 PM.
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:
USR15-0024 Everitt Companies Page 2
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.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.6.16 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
USR15-0024 Everitt Companies Page 3
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.
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.
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:
Prior to recording the map:
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)
USR15-0024 Everitt Companies Page 4
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)
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 a paved road and is designated on the Weld County Road
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)
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
USR15-0024 Everitt Companies Page 5
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 $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable 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)
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)
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)
USR15-0024 Everitt Companies Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Legacy Farm LLC C/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)
USR15-0024 Everitt Companies Page 7
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)
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)
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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)
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.
USR15-0024 Everitt Companies Page 9
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 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.
USR15-0024 Everitt Companies Page 10
November 06, 2015
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
EVERITT STAN
3003 E HARMONY ROAD, STE 400
FORT COLLINS, CO
Subject: USR15-0024 - 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.
On parcel(s) of land described as:
PART S2NW4 SECTION 18, T6N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 1, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 6, 2016 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.weldcou ntyplanningcases.arg
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2015.11.06 15:57:01 -07'00'
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
July 31, 2015
EVERITT STAN
3003 EAST HARMONY RD, STE 400
FORT COLLINS, CO
Subject: USR15-0024 - 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.
On parcel(s) of land described as:
PART S2NW4 SECTION 18, T6N, R67W 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 Commission(s) for their review and comments:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
A
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2015.07.31 08:30:21 -06'00'
FIELD CHECK inspection dates: 11/19/2015
APPLICANT: Legacy Farms LLC CIO Stan Everitt — Everitt Companies
CASE #: USR15-0024
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: Part of S2NW4 of Section 18, T6N, R67W of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to County Road 13 and north of and adjacent to County Road 68.5.
PARCEL ID #s: 0807-18-0-00-060
ACRES: +/- 55.64 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland/SF residence to the NE
S
A
S
Cropland
W
A
W
Cropland/SF residence to the SW
COMMENTS:
Site is contains improvements (barn, outbuildings) associated with a feedlot facility (USR) # 845 for a 600
head maximum capacity dairy).
scH:latt-
Chris Gathman - Planner III
Chris Gathman
From:
Sent:
To:
Cc:
Subject:
Sandi Friedrichsen <sfriedrichsen@wsfr.us>
Friday, December 11, 2015 9:14 AM
Stan Everitt
Chris Gathman
Stan Everiit Property
The board approved your variance last night with the modifications that you made to the site that we had discussed.
Their only condition is that if any further development or buildings are put on the property then the variance will need
to be revisited. This is primarily to make sure that we will have adequate fire hydrants and access as you develop this
property further. Please let me know if you have any further questions. Thank you.
Sandra Friedrichsen
Fire Marshal
Windsor Severance Fire Rescue
100 7th Street - Windsor, CO 80550
Main - (970) 686-2626
Email — firemarshal@wsfr.us
www.wsfr.us
1
From: Stan Everitt
To: Shris 1;athmart' Jvktincithornun U.
Cc: Stan Everitt
Subject: Re: USR15-0024 Hearing Date/ETA on referral comments
Date: Tuesday, November 17, 2015 8:37:16 AM
Chris, here are sonic responses to the Windsor comments.
1. Screening from the neighborhood is already in place with the existing neighborhood fence that is on the West side
of 17th Street.
2. Lighting shall be as described except for emergency/security lighting that will be on a motion detector in some
areas.
3. We will follow Weld County requirements for signage.
4. None of our access drives connect to Town of Windsor streets. Tracking materials shall be installed according to
Weld County requirements.
Thanks
Stan
From: Chris Gathman <cgathmanctfico.weld.co.us>
Sent: Tuesday, November 17, 2015 8:15 AM
To: kristingtbgroup.us; Stan Everitt
Subject: FW: USR15-0024 Hearing Date/ETA on referral comments
Dear Kristin and Stan,
See the attached Town of Windsor referral comments. I am working on drafting/finalizing the staff
recommendation.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient
is strictly prohibited.
Original Message
From: Paul Hornbeck[mailto:phonnbeckta,windsoroov.com]
Sent: Tuesday, November 17, 2015 8:13 AM
To: Chris Gathman
Cc: Kristine Ranslem; Gale Schick; Kelly Arnold; PLANNING
Subject: RE: USR15-0024 Hearing Date/ErA on referral comments
Chris,
Sorry for the mix up on our end. Please find attached Windsor's referral response.
Paul Hornbeck
Associate Planner
Town of Windsor I Planning
Dir: 970-674-24101 www.windsorgov.com
Follow Us www.windsorgov.com/socialmcdia
Original Message
From: Chris Gathman[mailto:cgathman(o,co.wcld.co.us]
Sent: Tuesday, November 17, 2015 7:35 AM
To: Paul Hornbeck
Cc: Kristine Ranslem
Subject: LW: USR15-0024 Hearing Date/EI'A on referral comments
Importance: High
Dear Paul,
We are in a bit of an awkward situation here. As Kris indicated - referrals were sent out for this case on July 31st.
This case is now scheduled to be heard by the Planning Commission on Tuesday, December 1st. Given the location
of this site and proximity to Windsor - we value your referral comments. Any idea/ETA regarding when we can
expect referral comments on this case?
Regards,
Chris Gathman
Planner HI
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient
is strictly prohibited.
Original Message
From: Kristine Ranslem
Sent: Tuesday, November 10, 2015 9:23 AM
To: Paul Hornbeck; Chris Gathman
Cc: PLANNING
Subject: RE: USR15-0024 Hearing Dates
Paul,
This case was sent out for referrals on 7/31 so it was a while ago. If you have any comments, please send them
ASAP.
Thanks!
Kristine Ranslem
Planning Technician
Weld County Planning Department
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100 ext. 3519
kranslem@co.weld.co.us <mailio.kotoslem;mco weld co us>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient
is strictly prohibited.
From: Paul Hornbeck[mailto:phonhbeckua;windsoruov.com]
Sent: Tuesday, November 10, 2015 9:18 AM
To: Kristine Ranslem; Chris Gathman
Cc: PLANNING
Subject: RE: USR15-0024 Hearing Dates
Kristine/Chris,
Windsor never received a referral for USR 15-0024 (only for RHCX 15-0054). Can you please send the USR to us?
Thanks.
Paul Hornbeck
Associate Planner
Town of Windsor I Planning
Dir: 970-674-24101 www.windsorgov.com <http://www.windsoroov.com/>
Follow Us www.windsorgov.com/socialmedia<http:/hina-w.windsoroov.com/socialmcdia>
From: Kristine Ranslem [mai ho•kranslenda.co weld co us]
Sent: Friday, November 06, 2015 4:20 PM
To: Morgan Gabbed; Jose Gonzalez; Bethany Pascoe; Wayne Howard; Jennifer Petrik; Lauren Light; Alan
Caldwell; Keith Maxey; Hice-Idler, Gloria; tracy.kosloff@state.co.us <maihoatracv koslnff2cstate co us> •
sandra.billingsai≥state.co.us <mailto:sandra.billinos(at statc.co.us>' douglas.camrud@state.co.us
<mai Ito:douo las.canu2ud(custatc.co.o s> • janel I.r.nelsonLaphis.usda.gov <mai lto:jancl I .r.nclsoly aaphis.usdagov> •
'manager(�townofseverance.org;'nwharton@townofseverance.org; jim@tbgroup.us <maiho•iim!mtburouo us> •
Scott Ballstadt; Peggy Tremelling; mlafferty(c�larimer.org <mailto:mlaffcrty(cclarimcr.oro> • Sandra Friedrichsen;
stephanie.watson@weldre4.k12.co.us <mailto:stcphauic.watsowncldre4.k 12.co.us> • infoLbigthompson.org
<maiho'inlb(mbigthunrnson or0>
Subject: USR15-0024 Hearing Dates
Please see the attached letter which lists the hearing dates for the Weld County Planning Commission and Board of
County Commissioners.
Have a great day!
Kristine Ranslem
Planning Technician
Weld County Planning Department
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100 ext. 3519
kranslem@co.weld.co.us <mailto:k ansIcmrmco.wcld co ❑s>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient
is strictly prohibited.
Hello