HomeMy WebLinkAbout20100886.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1719 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE
DISTRICTS (RV, BOAT, AND CONSTRUCTION EQUIPMENT STORAGE) ALONG
WITH ONE (1) MOBILE HOME USED AS LIVING QUARTERS FOR CARETAKERS
OR SECURITY PERSONNEL RESPONSIBLE FOR MAINTAINING OR GUARDING
THE PROPERTY (A MODULAR/MOBILE HOME TO BE USED AS AN OFFICE
AND AS A RESIDENCE FOR EMPLOYEES) IN THE A (AGRICULTURAL) ZONE
DISTRICT- MARY ANN PLONKA
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 5th day of
May, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Mary Ann Plonka, 16230 State Highway 52, Fort Lupton, Colorado 80621, for
a Site Specific Development Plan and Use by Special Review Permit #1719 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial and Industrial
Zone Districts (RV, boat, and construction equipment storage) along with one (1) Mobile Home
used as living quarters for caretakers or security personnel responsible for maintaining or
guarding the property (a modular/mobile home to be used as an office and as a residence for
employees) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption #3193; located in
part of the SW1/4 of Section 2, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present at said hearing, 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:
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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.G (A.Policy 7.2) states, "Conversion of agricultural land
to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region."
Section 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that
occur between commercial uses and surrounding properties."
Section 22-2-100 (C.Policy 5.2) states, "Support the use of visual and
sound barrier landscaping to screen open storage areas from residential
uses or public roads." The Conditions of Approval and Development
Standards, such as the requirement of a Landscaping and Screening
Plan and a Lighting Plan, will help to ensure compliance with the policies
of the Weld County Comprehensive Plan.
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.R of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Use Permitted as a Use by Right, an Accessory Use,
or a Use by Special Review in the Commercial or Industrial Zone
Districts, (RV, boat, and construction equipment storage) along with one
(1) Mobile Home used as living quarters for caretakers or security
personnel responsible for maintaining or guarding the property (a
modular/mobile home to be used as an office and as a residence for
employees) 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. The surrounding
properties to the north, south, west, and east are predominately
agricultural and rural residential parcels. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties
and the character of the area. One commercially-zoned parcel and one
industrially-zoned parcel (containing a batch plant facility) are located
approximately 3/4 mile to the west of this site. The property immediately
to the north (across State Highway 52) has been annexed to the City of
Fort Lupton. A Landscape and Screening Plan, along with a Lighting
Plan, are required to address the visual impacts of this use and to ensure
compatibility with the existing surrounding land uses.
d. Section 23-2-230.8.4 -- 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 subject property lies outside the Urban Growth Area,
as defined in the Coordinated Planning Agreement between the City of
Fort Lupton and Weld County (adopted by Weld County and codified
under Chapter 19, Section XII, of the Weld County Code); however, it is
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located within the three-mile referral area for the City of Fort Lupton.
Section 19-12-50.B of the Weld County Code (Fort Lupton Plan) states,
"To the extent legally possible, the County will disapprove proposals for
Urban Development in areas of the Municipal Referral Area outside the
Urban Growth Area. In reviewing proposals for Non-Urban Development
in such areas, the County will apply its Comprehensive Plan and zoning
and subdivision ordinances and, where appropriate, the RUA Plan."
Section 19-12-40 of the Weld County Code (Fort Lupton Plan) defines
Urban Development as, "Development which is characterized by
development density typical to urbanized areas and requires support
services such as central water and sewer systems, road networks, park
and recreation facilities and programs, storm drainage and other similar
services which are typically furnished by the municipality."
The proposed use will not be connected to central water and sewer
systems and lacks other elements consistent with the definition of urban
development, which warrants a recommendation of denial for this
proposal based on non-compliance with the coordinated planning
agreement. The City of Fort Lupton, in the referral dated November 4,
2009, states that the proposed use falls in the majority of the City of Fort
Lupton's future employment area. Uses in the employment area are
generally defined as areas that will serve as important job centers
(business parks, large scale retail, and other complementary uses). The
referral also states that employment area uses must be adequately
buffered from less intense uses and comply with the City of Fort Lupton
Design Standards, and the City requests that the proposed storage area
be screened and buffered from State Highway 52 and adjoining
residential and agricultural uses. The Conditions of Approval require the
applicant to attempt to address the conditions presented by the City of
Fort Lupton, and to submit a Landscape/Screening Plan, for review and
approval by the Department of Planning Services.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site does not lie within any
Overlay Districts. Effective January 1, 2003, 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 August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is designated as "Other" by the 1979
USDA Soil Conservation Services map.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
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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 Mary Ann Plonka, for a Site Specific
Development Plan and Use by Special Review Permit #1719 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial and Industrial Zone Districts
(RV, boat, and construction equipment storage) along with one (1) Mobile Home used as living
quarters for caretakers or security personnel responsible for maintaining or guarding the
property (a modular/mobile home to be used as an office and as a residence for employees) in
the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
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 USR-1719.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan. The applicant shall
delineate a plant list to coincide with the Landscape Plan. The list
shall include how the plants will be maintained and irrigated.
4) The edge of right-of-way for State Highway 52 (75 feet from
centerline) shall be delineated on the plat.
5) The access from State Highway 52 must be paved from the
access point to the office location. The internal parking areas and
travel lanes may be gravel and shall be constructed to County
Standards (3/4 inch to one inch minimum aggregate). The site
plan shall be corrected to show the paved and gravel areas.
6) Each paved parking space shall be equipped with wheel guards or
curb stops, where needed, to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, or plantings.
7) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-6 of the Weld County Code. The total
number of on-site parking spaces for this facility shall be at least
two (2) spaces, of which one (1) shall be a van accessible
handicapped parking stall, meeting all of the requirements as set
forth in the Americans with Disabilities Act (ADA).
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8) The applicant shall address and adhere to ADA standards for this
facility. Non-ambulatory/ambulatory parking spaces shall be
identified and shown on the plat for the office. This site will be
required to meet all requirements of the Americans with
Disabilities Act. At least one space must be van accessible.
9) The applicant has proposed a sign. The approved sign
dimensions shall be indicated on the plat.
10) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner which will prevent trash from being scattered by wind or
animals.
11) The applicant shall delineate all on-site lighting.
Section 23-3-360.F of the Weld County Code, addressing the
issue of on-site lighting, including security lighting, if applicable,
states, "any lighting ... 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...".
12) All structures shall be meet the setback and offset requirements of
Sections 23-3-50.B and 23-3-50.C of the Weld County Code.
13) The reference to "FUTURE PHASES" indicated on the plot plan
shall be removed.
14) The fence shall be delineated a minimum of 50 feet from the edge
of future right-of-way for State Highway 52, as requested by the
Colorado Department of Transportation (CDOT).
15) A 50-foot landscape buffer, from the edge of future right-of-way for
State Highway 52, shall be indicated on the plat.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required on-site improvements. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board
of County Commissioners, prior to recording the USR plat. The
Improvements Agreement will not be needed if the necessary
improvements are completed to the satisfaction of the Departments of
Public Works and Planning Services.
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C. In the event the applicant intends to utilize the existing septic system for
any or all of the following uses: addition of six (6) employees, 52 storage
spaces, or an office/apartment, the septic system shall be reviewed 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.
D. Alternately to Condition of Approval #1.D above, the applicant shall install
an Individual Sewage Disposal System (I.S.D.S.) within the
office/apartment building, and the system shall be installed according to
the Weld County I.S.D.S. Regulations. The system shall be sized for all
of the following: addition of four (4) employees, 52 storage spaces, and
an office/apartment. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated October 16, 2009. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
F. The applicant shall submit a Landscape and Screening Plan, for review
and approval by the Department of Planning Services. The applicant
shall attempt to comply with the fencing requirements of the Fort Lupton
Code. The plan shall also address landscaping of the 50-foot landscape
buffer to the south of the future right-of-way for State Highway 52.
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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. Prior to Grading and/or Construction:
A. A Stormwater Discharge Permit may be required for a development/
construction site where a contiguous or non-contiguous land disturbance
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is greater than, or equal to, one acre in area. The applicant shall contact
the Water Quality Control Division of the Colorado Department of Public
Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit, for
more information.
4. Prior to issuance of Building Permits:
A. Any building plans shall be submitted to the Fort Lupton Fire Protection
District, for approval.
B. A separate building permit shall be obtained prior to the construction of
any building.
C. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Commercial building plans
shall bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit.
Residential building plans may be required to bear the wet stamp of a
Colorado registered architect or engineer.
D. Buildings 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, 2008 National Electrical Code, 2006
International Energy Conservation Code, and Chapter 29 of the Weld
County Code.
E. Each building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection performed by
a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
F. Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas will be reviewed at the
plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
G. Building height shall be measured in accordance with the 2003
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction, and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are
measured to the farthest projection from the building. Property lines shall
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be clearly identified, and all property pins shall be staked, prior to the first
site inspection.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
7. 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 may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of May, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .�: � .a . - . n �� ✓ �
6 (.a oaf �•" glas Rademach r, Chair
Weld County Clerk to the Bo= & i O' ail , `
rbar irkmeyer ro-Tem
BY:
Dep-t Clerk t4F e Board
Sean P. Conway
APP ED AS TO,F M:
William F. Garcia
unty torney EXCUSED
David E. Long
Date of signature: �(2 it
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARY ANN PLONKA
USR-1719
1. A Site Specific Development Plan and Use by Special Review Permit #1719 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts (RV, boat, and construction equipment
storage) along with one (1) Mobile Home used as living quarters for caretakers or
security personnel responsible for maintaining or guarding the property (a
modular/mobile home to be used as an office and as a residence for employees) in the
A (Agricultural) Zone District, and is 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 which 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 which 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. 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.
8. 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.
9. Any vehicle washing area(s) shall capture all effluent and prevent discharges in
accordance with the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency.
10. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
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11. Sewage disposal shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal System (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply (Permit#66600-F).
13. Adequate drinking, hand washing and toilet facilities shall be provided for patrons of the
facility, at all times.
14. This application is proposing a well as its source of water. The applicant shall 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, etcetera. Also, the applicant shall 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 the drinking water prior to consumption, and periodically thereafter.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
17. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
18. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
19. Business shall be conducted during the hours of daylight. This restriction shall not apply
to operation of the office located on the property.
20. The number of employees for the business shall be limited to six (6) persons.
21. The proposed modular residence/apartment shall be utilized by the employees and/or
owners of the facility. It shall not be utilized as an outside rental.
22. All vehicles located on the property must be operational, with current license plates and
tags.
23. 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 not prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and unplanned ponding of storm runoff.
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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.
25. A building permit application must be completed, and two complete sets of plans,
including engineered foundation 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.
26. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Commercial building plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. Residential building plans may be required to bear the
wet stamp of a Colorado registered architect or engineer.
27. Buildings 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, 2008 National Electrical Code, 2006
International Energy Conservation Code, and Chapter 29 of the Weld County Code.
28. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
29. Fire resistance of walls and openings, construction requirements, maximum building
height, and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code.
30. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction, and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring buildings to
determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property
pins shall be staked prior to the first site inspection.
31. Any building plans shall be submitted to the Fort Lupton Fire Protection District, for
approval.
32. On-site lighting, including security lighting, shall maintain compliance with
Section 23-3-250.D of the Weld County Code:
A. 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; and
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B. Neither 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-25 of the Weld County Code.
35. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
36. 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.
37. 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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