HomeMy WebLinkAbout20112471.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1251 FOR A COMMERCIAL GREENHOUSE/GARDEN
CENTER, DBA THE WINDSOR GARDENER, AND A BREWERY IN THE
A (AGRICULTURAL) ZONE DISTRICT- PAT AND AMANDA WEAKLAND
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 21st day
of September, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Pat and Amanda Weakland, 8695 County Road 88, Fort Collins,
Colorado 80524, for a Site Specific Development Plan and Amended Use by Special Review
Permit#1251 for a Commercial Greenhouse/Garden Center, dba The Windsor Gardener, and a
Brewery in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption #1425; being part of
the E1/2 SW1/4 of Section 18, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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
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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- 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." Section 22-2-20.B.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
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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
PAGE 2
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." Section 22-4-30.A.2 (WA.Policy 1.2) states, "Encourage land
use applications that support the return of adjudicated waters to
agricultural land for agricultural use." Further, Section 22-4-30.C.1
(WA.Policy 3.1) states, "Encourage using low-water-use plants and water
conservation techniques . . . ." Finally, Section 22-6-20.C (WA.Goal 3)
states, "County residents are encouraged to conserve water."
Section 22-6-20.A (ECON.Goal 1) states, "Encourage the expansion of
existing businesses and the location of new industries that will provide
employment opportunities in the County," and Section 22-6-20.A.2
(ECON.Policy 1.2) states, "Promote the expansion and diversification of
the commercial economic base to achieve a well-balanced commercial
sector in order to provide a stable tax base and a variety of job
opportunities for County citizens."
The applicant is proposing to amend the existing permit to include a
brewery. The brewery will encumber 1,000 square feet of a 4,800
square-foot warehouse and include a tasting room and outside patio
overlooking the hops farm to the west. In 2007, a hops farm was
established west of the Garden Center. This farm is the first on the front
range and one of the first in Colorado. The activity of growing hops is
directly related to the existing agriculture on the property with the new
brewery and tasting room building being a natural extension of the garden
center and hop farm. The vines are grown on soils in a nutrient rich
floodplain. Water for irrigating the farm is from the Cache la Poudre
Irrigation Ditch No. 2 and a one-third share of an irrigation well. The
brewery promotes the diversification of agriculture in the county.
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.FF of the Weld County
Code provides for a Brewery as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by limited residential development, agriculture (predominately
pasture lands), and aggregate mining activities. The property under
review is presently the Windsor Garden Center; the property to the south
was mined by Hall-Irwin. The land on the west is in the floodplain with a
residential structure to the north. Agricultural lands are adjacent to the
north, with the Town of Windsor to the east, along with a commercial
development yet to be constructed.
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
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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The facility is within the three-mile referral area for the
Town of Windsor, which submitted a referral response, dated August 4,
2011, stating the property is located within the Town's Growth
Management Area and is contiguous to the Towns' corporate limits along
the eastern property line. The Town's Land Use Map delineates this
parcel as Single Family Residential, Parks, Open Space, Mineral
Extraction and Floodplains. Further, the property is located in the Town's
Main Street Commercial corridor, and the adjacent parcels to the east are
zoned commercial. The referral recommends that the applicant submit a
petition for annexation.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lots 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 proposed lots will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee. The site is located within the Flood Overlay
District. The entire parcel is designated Zone AE on Flood Insurance
Rate map (FIRM) Panel 080266-0605d, dated September 28, 1991.
Flood Hazard Development Permit No. FHDP-353 for the garden center
was conditionally approved, in 2000, for an office and greenhouse, and
Flood Hazard Development Permit number FHDP-731 is currently under
review for the proposed Brewery building and associated amendments.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is designated as "Prime" by the USDA Soil
Conservation Service. The current use of the Garden Center has
removed a majority of the land from production; however, the hops farm
will not remove any additional agricultural land from production. The
agricultural activities on the property are an important part of the
proposed use.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of 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 Pat and Amanda Weakland, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1251 for a Commercial
Greenhouse/Garden Center, dba The Windsor Gardener, and a Brewery 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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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
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1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-1251.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) North 17th Street is within the Town of Windsor's jurisdiction. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way, and this information shall be noted on
the plat. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated.
5) State Highway 392 is within the Town of Windsor's jurisdiction.
The applicant shall verify the existing right-of-way, and the
documents creating the right-of-way, and this information shall be
noted on the plat. All setbacks shall be measured from the edge
of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated.
6) The floodplain and floodway boundaries depicted on the Site
Specific Development Plan do not match the floodplain and
floodway boundaries shown on FEMA's current effective flood
insurance rate map (FIRM). The applicants shall show the
floodplain and floodway boundaries as shown by FEMA on the
current effective FIRM. If the applicants have obtained a Letter of
Map Revision (LOMR) from FEMA, the floodplain and floodway
boundaries depicted on the LOMR may be used.
7) A graphic key and/or symbol serving to identify each component
that is located within the USR boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
8) The applicant shall delineate all exterior lights associated with the
Brewery and Tasting Room structure, as approved by the
Department of Planning Services.
9) The applicant shall delineate the location of any sign associated
with this facility, as approved by the Department of Planning
Services.
10) The applicant shall delineate the location of the trash dumpster.
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B. The applicant shall submit evidence that the construction of new
structures, including access roads and parking areas, are not subject to
Section 404 of the Clean Water Act.
C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the existing residence on the property. Any existing
septic system, which is not currently permitted through the Weld County
Department of Public Health and Environment, will require an Individual
Sewage Disposal System (I.S.D.S.) evaluation prior to the issuance of the
required septic permit. In the event the system is found to be inadequate,
the system must be brought into compliance with current I.S.D.S.
Regulations. Evidence of adequacy shall be submitted to the Weld
County Department of Public Health and Environment, for approval.
D. Any additional hydraulic load to any existing septic system will require a
review by a Colorado registered professional engineer. The review shall
consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. Evidence of
adequacy shall be submitted to the Weld County Department of Public
Health and Environment, for approval.
E. The applicant may install a separate individual sewage disposal system
for the brewery/tasting room. The septic system is required to be
designed by a Colorado registered professional engineer, according to
the Weld County I.S.D.S. regulations. Evidence of adequacy shall be
submitted to the Weld County Department of Public Health and
Environment, for approval.
F. In the event the septic system requires a design capacity of over 2,000
gallons of sewage, per day, the applicants shall provide evidence that all
requirements of the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment (specifically
Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant may provide evidence
from the WQCD that they are not subject to these requirements.
Evidence of adequacy shall be submitted to the Weld County Department
of Public Health and Environment, for approval.
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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
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G. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements. Evidence of adequacy shall be submitted
to the Weld County Department of Public Health and Environment, for
approval.
H. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. At a minimum, information shall be
provided concerning lamp type and construction/installation of said
device.
The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval.
J. If structures are to be constructed in the FEMA mapped Cache La Poudre
River floodplain, the applicant must obtain an approved flood hazard
development permit showing that the structures can be constructed in
compliance with FEMA and Weld County floodplain regulations.
Additionally, buildings constructed after March 18, 1980, which are
located in the FEMA mapped Cache La Poudre floodplain must be shown
to be compliant with the floodplain regulations.
2. Prior to the Release of Building Permits:
A. This parcel is located within the FEMA mapped Zone AE 100-Year
Floodplain Floodway. Weld County Code prohibits the construction of
buildings within the floodway. The applicant submitted a Flood Hazard
Development Permit, on July 15, 2011, for review and comment. The
application is currently under review.
B. The applicant shall submit evidence that the Site Specific Development
Plan Application for Plat Amendment, dated June 16, 2011, addresses
flood hazard protection for the site, including erosion, septic, and building
pad protection. Additional aspects of the project required for local
approval under floodplain management regulations adopted for the
National Flood Insurance Program should be coordinated with the local
floodplain administrator. Such aspects may include providing the as-built
certified lowest floor or floodproofing elevation.
C. Access to the proposed Amended USR shall be from State Highway 392,
north on 17th Street to Ash Avenue. All access is either from the State
Highway or from the Town of Windsor's jurisdiction. Please contact the
Town of Windsor to verify access permit or for any additional
requirements that may be necessary to obtain or upgrade the permit.
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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
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3. Prior to the issuance of the Certificate of Occupancy:
A. The applicant must also comply with the provisions of the FHDP,
including providing an as-built elevation certificate prior to Certificate of
Occupancy and providing as-built drawings of the buildings and grades
on site. The elevation certificate and as-built drawings shall show
elevations in the same vertical datum as the FEMA Flood Insurance Rate
Maps (NGVD-29) and shall be certified by a registered professional land
surveyor licensed in the State of Colorado.
4. Prior to Operation
A. The applicant shall submit written evidence of compliance with all local,
state and federal regulations specific to the operation, manufacture and
sales of malt liquors or similar product.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
6. The Amended 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.
7. 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
8. 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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AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board c t� <'
'•��
Sean P. Co ay, Pro-Tem
BY: e �An�n Q .I��r / if/
Deputy Cl k to the Board,) �►�IIi
f ti lam F. Garcia
APPROVED TO F=ORM: ,r j .:r aid ( c ...
-vid E. Long
County Attorney ��� �,. ! L R!
Dougla ademacher
Date of signature: /0 S'��
2011-2471
PL1372
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAT AND AMANDA WEAKLAND
AMUSR#1251
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1251
is for a Commercial Greenhouse/Garden Center, dba The Windsor Gardener, and a
Brewery 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. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)
from the Water Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment for any proposed discharge into State waterways. Alternately,
the applicants may provide evidence from the WQCD that they are not subject to these
requirements. Evidence of adequacy shall be submitted to the Weld County Department
of Public Health and Environment, for approval.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. The installation of the septic system shall comply with the Weld County I.S.D.S.
floodplain regulations. The applicant shall contact Weld County Department of Public
Works to verify floodplain versus floodway.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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DEVELOPMENT STANDARDS - PAT AND AMANDA WEAKLAND (AMUSR#1251)
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12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. The facility shall utilize the existing public water supply (Town of Windsor).
14. 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 and volatile organic compounds. All chemicals must
be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies, and the Weld County Code.
16. The applicant shall comply with the provisions of the Flood Hazard Development Permit
(FHDP-731).
17. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it 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 run-off.
18. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
19. Weld County shall not be responsible for the maintenance of on-site drainage related
improvements.
20. WARNING: PORTIONS OF THE PROPERTY MAY NOT BE BUILDABLE DUE TO
FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that portions of the
property may not be able to obtain building permits to construct structures. All
construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency FIRM Community Panel Map #080266-0605D, dated
September 27, 1991, and FBFM Panel Map #080266-0001, dated September 27, 1991,
shall comply with the Flood Hazard Overlay District requirements of Chapter 23,
Article V, Division 3, of the Weld County Code and all applicable FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65.
21. Flood hazard development permits will be required for development activities located
within the FEMA mapped Cache La Poudre Floodplain. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
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DEVELOPMENT STANDARDS - PAT AND AMANDA WEAKLAND (AMUSR #1251)
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23. Future development occurring within the floodplain shall be in compliance with the
floodplain codes in effect at that time.
24. Ingress and egress to the facility shall be from the existing access on 17th Street, a
Town of Windsor street.
25. A building permit is required for any future building. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is
regulated by the Code, or to cause any such work to be done, shall first make
application to the Department of Building Inspection and obtain the required permit.
26. Buildings, structures, and uses 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 Fuel Gas Code, 2006 International
Energy Conservation Code, 2008 National Electrical Code, 2003 ANSI 117.1
Accessibility, and Chapter 29 of the Weld County Code.
27. All building plans shall be submitted to the Windsor Severance Fire Protection District,
for review and approval, prior to the issuance of building permits.
28. The Tasting Room hours shall be those set by State statute.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. The applicant shall comply with the definition of a Brewery, as defined in the Weld
County Code, at all times. By definition, a Brewery is any licensed establishment,
pursuant to the provisions of Article 47, Title 12, of the Colorado Revised Statues, where
malt liquors are manufactured, except brew pubs. Malt liquors include beer and shall be
consumed to mean any beverage obtained by the alcoholic fermentation of any infusion
or decoction of barley, malt, hops, or any other similar product, or any combination
thereof, in water containing more than three and two-tenths percent (3.2%) of alcohol by
weight or four (4%) alcohol by volume.
32. 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.
33. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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34. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
35. 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.
36. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
37. The Amended 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.
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