HomeMy WebLinkAbout20122568.tiff RESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR12-0031 (FORMERLY USR-632), FOR AN
AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: GRAIN AND/OR FEED
ELEVATORS, GRAIN AND FEED SALES, COMMERCIAL GRAIN STORAGE AND
DRYING, SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING AND
SALES AND RETAIL AND WHOLESALE OF PRODUCTS AND SIMILAR GOODS
ASSOCIATED WITH THE AGRI-BUSINESS AND AGRICULTURAL USES AND A
VARIANCE TO THE SETBACKS REQUIREMENT FROM A PUBLIC RIGHT-OF-WAY
IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTHEAST GRAINS, LLC, AND
FORREST AND JUDY TAPPY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day
August, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Northeast Grains, LLC, 417 Glenora Street, Sterling, Colorado 80751,
and Forrest and Judy Tappy, P.O. Box 115, Stoneham, Colorado 80754, for a Site Specific
Development Plan and Amended Use By Special Review Permit, USR12-0031 (formerly
USR-632), for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:
grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed
production, processing, storage, mixing, blending and sales and retail and wholesale of
products and similar goods associated with the agri-business and agricultural uses and a
variance to the setbacks requirement from a public right-of-way in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
South 13 feet of Lot 15 and all of Lots 16, 17, 18 of
Block 3 Stoneham; being part of the NW1/4 NW1/4
SE1/4, SW1/4 SW1/4 NE1/4 of Section 5,
Township 7 North, Range 56 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
September 26, 2012, due to a scheduling conflict with the applicant, and
WHEREAS, at said hearing, the applicant was represented by Brad Lebsock, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
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matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.8 (A.Goal 2) states, "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from
other proposed new uses that would hinder the operations of the
agricultural enterprises."
2) Section 22-2-20.G (A.Goal 7) states, "County land use regulations
should protect the individual property owner's right to request a
land use change."
3) Section 22-2-20.G (A.Goal 7) (1. A.Policy 7.1) states, "County
land use regulations should support commercial and industrial
uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas, when the impact to
surrounding properties is minimal, or can be mitigated, and where
adequate services are currently available or reasonably
obtainable."
4) Section 22-2-20.6.2 (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 site consists of
3.303 acres with Historic Use Encumbrances, including a scale
house, grain elevator and grain bins that have been utilized from
the early 1970s. The surrounding properties are agricultural lands
in each direction, with residential development primarily to the
north in Stoneham. There is an Engineer Designed Commercial
Septic System (SP-1200078) that was approved by the Board of
Public Health on May 22, 2012. The system is for a commercial
office and was sized for four (4) people. As the septic system was
not sized for customer use, a portable toilet is acceptable. The
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Stoneham community well provides water to the property for non-
potable uses. The applicants are proposing bottled water and
hand sanitizer until the community well for Stoneham is either
registered by the State or the applicants drill a new well on their
property.
The Colorado Division of Water Resources states in the referral
dated June 22, 2012, ". . . [that] the proposed water source for
non-potable uses such as toilet flushing is a water tap per
agreement with [a private property owner in] Stoneham. The
application notes that this well is not currently registered and is
located on a neighboring parcel at 41783 Marble Avenue. As it is
not a registered system or well, the applicants do not propose to
use the well for potable use unless it is registered. The
application materials indicate that for potable water uses, bottled
water would be utilized, with the option of obtaining a well permit
in the future was also mentioned in the application. This business,
Northeast Grains, LLC, would likely qualify for an exempt
commercial well permit. This would allow for one well on the
parcel to serve drinking and sanitation facilities, but no outside
uses. Exempt commercial well permits are issued for annual
water use not to exceed 1/3 acre-foot per year. This office does
not object to the proposal as long as the applicant is able to obtain
a commercial well permit for water supply"
B. Section 23-2-230.B.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 Establishment, primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or
contract basis as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. This operation is an
expansion of an existing facility for the purposes of receiving grain from
the area farmers at harvest time. The facility has historically been
operational for several decades and was most recently permitted under
USR-632, in 1984, with a proposed upgrade to the facility to include
additional bin storage and new ownership. This amendment seeks to
upgrade and modernize the facility, allowing the elevator to improve
off-loading of grains, long term agricultural storage and allow a means to
market agricultural products in this area.
The Stoneham area is very open and sparsely populated. There are
seven (7) property owners on nine (9) parcels within 500 feet of this
proposed facility. There are two residences and Dewey's Bar on three (3)
parcels within 500 feet of the facility, the nearest residence is
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approximately 150 feet to the east of the existing elevator. There have
been no letters, electronic mail, or telephone calls received regarding this
proposal. The Conditions of Approval and Development Standards will
ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-230.B.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 not located within three (3) miles of a
municipality or County.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. Effective April 25, 2011, building permits issued on the
property will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County, dated 1979, designated
the soils on this property as "High Potential Dry Cropland, Prime if they
become irrigated;" however, given that the 3.303-acre parcels contains
the improvements from the historic agricultural grain elevator, and was
formerly utilized as railroad right-of-way, the applicant is utilizing the
property for the highest and best use.
G. Section 23-2-230.B.7 -- 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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Northeast Grains, LLC, and Forrest and Judy
Tappy, for a Site Specific Development Plan and Amended Use By Special Review Permit,
USR12-0031 (formerly USR-632), for an Agricultural Service Establishment primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including: grain and/or feed elevators, grain and feed sales, commercial grain storage and
drying, seed production, processing, storage, mixing, blending and sales and retail and
wholesale of products and similar goods associated with the agri-business and agricultural uses
and a variance to the setbacks requirement from a public right-of-way in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
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1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
B. All sheets of the plat shall be labeled USR12-0031.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Marble Avenue is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 100 feet of right-of-way at full
buildout. There is presently 100 feet of right-of-way. All setbacks shall be
measured from the edge of right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
3) Granite Avenue is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 80 feet of right-of-way at full
buildout. There is presently 80 feet of right-of-way. All setbacks shall be
measured from the edge of right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
4) Slate Street is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 80 feet of right-of-way at full build
out. There is presently 80 feet of right-of-way. All setbacks shall be
measured from the edge of right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
5) The applicant may delineate the Water Quality Depression for this site.
The area can be an existing on-site low point that will capture the
stormwater and hold any contaminants on-site or it can be a shallow
depression dug downstream of the parking and storage area and labeled
as a "No Build or Storage Area." The applicant shall contact the Public
Works Department for sizing this feature.
6) All parking for this site must be off-street, internal and delineated on the
plat. Each parking space shall be equipped with wheel guards or curb
blocks to prevent vehicles from coming into contact with walls or other
structures.
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7) The application materials did not include a Lighting Plan. Should exterior
lighting be a part of this facility, all Light Standards shall adhere to Section
23-3-360.F of the Weld County Code.
8) The application materials did not include a Sign Plan. Should exterior
signage be a part of this facility, all signs shall adhere to Section 23-4-90
of the Weld County Code.
9) The applicant shall show the approved accesses on the plat, one off of
Marble Avenue and the second off of Granite Avenue and label them with
the approved access permit numbers (Numbers will be forthcoming).
D. The applicant shall address the requirements/concerns of the Colorado Division
of Water Resources, as stated in the referral response dated June 22, 2012.
Evidence of such shall be submitted, in writing, to the Weld County Department
of Planning Services.
E. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, specifically addressing the change of use for
each structure located on the property, as stated in the referral response dated
July 5, 2012. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval. With approval, the Lighting Plan information
shall be graphically delineated on the plat.
G. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The Mylar
plat shall be recorded in the office of the Weld County Clerk and Recorder by the
Department of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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.
3. 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 maps@co.weld.co.us.
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4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat 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 may be added for each additional three (3) month period.
5. Prior to the Release of Building Permits:
A. A building permit will be required for any new construction or renovation of
buildings associated with grain and/or feed elevators, grain feed sales,
commercial grain storage and drying, seed production, processing, storage and
drying and seed production processing.
B. A Permit Application must be completed and two complete sets of engineered
plans, including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
C. A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required. The structures proposed to have change uses will require a
commercial building permit for change of use. A code analysis, floor plan and
complete set of plans for any alteration and a structural analysis by a
professional engineer will be required.
D. An exhaust system shall be provided, maintained and operated as specifically
required by this section. For all occupied areas where machines, equipment and
processes produce or throw off dust or particles sufficiently light to float in the air,
an Engineers Analysis shall be provided in areas that produce dust.
E. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of Permit Application. Currently, the following have been
adopted by Weld County: 2006 International Building Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Energy
Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
F. A plan review shall be approved and a permit must be issued prior to the start of
construction.
G. All building plans shall be submitted to the New Raymer-Stoneham Fire
Protection District, for review and approval, prior to the issuance of building
permits.
H. Provide evidence to the Weld County Department of Public Health and
Environment that a well has been appropriately permitted and installed to provide
for potable water and sanitary use for the facility.
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6. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. (SATISFIED per hearing testimony.)
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •
�'�~ ��- Sean P. Cgnway, Chair
Weld County Clerk to th:g'•o- 0- '
� o I
�0 �
' VH11iam F. Garcia, Pro-Tem
" L A A
Deputy Clerk to the B.`.�J �-� EXCUSED
U F B ra Kirkmeyer
AP ED A RM: oti
David E. Long
M:
>cod!ei �e)1.1 a�,
/ Douglas Rademache
Date of signature: /OA
J/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NORTHEAST GRAINS, LLC / FORREST AND JUDY TAPPY
USR12-0031
1. The Site Specific Development Plan and Amended Use By Special Review Permit,
USR12-0031 (formerly USR-632), is for an Agricultural Service Establishment primarily
engaged in performing agricultural, animal husbandry or horticultural services on a fee or
contract basis, including: grain and/or feed elevators, grain and feed sales, commercial
grain storage and drying, seed production, processing, storage, mixing, blending and
sales and retail and wholesale of products and similar goods associated with the
agri-business and agricultural uses and a variance to the setbacks requirement from a
public right-of-way in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. The facility shall be operated in accordance with the approved Dust Abatement Plan.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are acceptable.
10. This application is proposing a well as its source of water. The applicant should be
made aware that while they may be able to obtain a well permit from the Office of the
State Engineer, Division of Water Resources, the quantity of water available for usage
may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test their drinking water prior to consumption and periodically test it over
time.
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11. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
12. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Access to the site shall be from Marble Avenue and Granite Avenue at the location, as
designated by the approved Access Permit.
15. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
The existing access and departure points will be utilized.
16. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
17. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
18. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
19. There shall be no parking or staging of vehicles on the County Road (CR). The
applicant shall use the on-site parking area.
20. In the event that one (1) or more acres are disturbed during the construction and
development of the site, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division (WQCD) of the Colorado Department of Public Health
and Environment (CDPHE).
21. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the
start of construction. The Grading Permit Application must contain an Erosion and
Sediment Control Plan, a Grading Plan, installation details of all Best Management
Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE Stormwater Permit.
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22. A building permit will be required for any new construction or renovation of buildings
associated with grain and/or feed elevators, grain feed sales, commercial grain storage
and drying; seed production, processing, storage and drying and seed production
processing.
23. A Permit Application must be completed and two (2) complete sets of engineered plans,
including Engineered Foundation Plans bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review.
24. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall
be required. The structures proposed to have change uses will require a commercial
building permit for change of use. A code analysis, floor plan and complete set of plans
for any alteration and a structural analysis by a professional engineer will be required.
25. An exhaust system shall be provided, maintained and operated as specifically required
by this section and for all occupied areas where machines, equipment and processes in
such areas produce or throw off dust or particles sufficiently light to float in the air. An
Engineer Analysis shall be provided in areas that produce dust.
26. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
27. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
28. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
29. Hours of operation are 24 hours a day, 7 days a week.
30. The number of employees associated with this facility is limited to eight (8) persons.
31. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Programs.
32. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
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33. 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 plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
37. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
38. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
39. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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