HomeMy WebLinkAbout20062483 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND
FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD, INCLUDING A
TIRE LANDFILL, STORAGE, SHREDDING, AND RECYCLING FACILITY),
MANUFACTURING/PROCESSING FACILITY (CRYOGENIC PROCESSING/CRUMB
RUBBER), AND A MOBILE HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL)ZONE
DISTRICT -TIRE RECYCLING, INC.
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 27th day of
September,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Tire Recycling, Inc., 12311 Weld County Road 41, Hudson,Colorado 80642,for
a Site Specific Development Plan and Third Amended Use by Special Review Permit#842 for a
Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire
landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic
processing/crumb rubber),and a Mobile Home for housing in the 1-3(Industrial)Zone District on the
following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #1367; being
part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of
Section 32,Township 3 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS,said 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 23-2-230.6 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 22-2-150.6 (I.Goal 2) states, "Encourage the expansion and
diversification of the industrial economic base." The applicant is proposing
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#842 -TIRE RECYCLING, INC.
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to expand the recycling aspect of the existing facility by incorporating the
processing of crumb rubber through the cryogenic process.
Section 22-2-150.8.5(I.Policy 2.5.b) states, "Ensure the compatibility with
surrounding land use in terms of general use,building height,scale,density,
traffic dust and noise." The Conditions of Approval and Development
Standards will ensure the site does not have an adverse impact on the
surrounding properties.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
1-3 (Industrial) Zone District. Section 23-3-330.D.11 of the Weld County
Code provides for Heavy Manufacturing/Processing(cryogenic processing
- crumb rubber) as a Use by Special Review in the 1-3 (Industrial) Zone
District. Section 23-3-330.D.3 of the Weld County Code provides for a
Commercial Junkyard and Salvage Yard as a Use by Special Review in the
1-3 (Industrial) 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 area consists of
an auto salvage yard to the north and agricultural property to the east,south,
and west.
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 subject
property is not located within the three-mile referral area of any municipality.
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
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.
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 United States Department of Agriculture (U.S.D.A.) Soils Maps
indicate that the soils on this property are designated as "other," "prime,"
"prime if irrigated,"and"irrigated not prime"farmland of Weld County. The
area consists of approximately 120 acres and is currently being utilized as
a Commercial Junkyard and Salvage Yard(tire landfill,storage and recycling
facility)along with a Certificate of Designation and a mobile home for housing
of tire purchasers in the 1-3 (Industrial) Zone District.
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g. Section 23-2-230.6.7 -- 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 Tire Recycling, Inc.for a Site Specific Development Plan
and Third Amended Use by Special Review Permit#842 fora Solid Waste Disposal Site and Facility
(commercial junkyard and salvage yard, including a tire landfill,storage,shredding, and recycling
facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile
Home for housing in the 1-3(Industrial)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 applicant shall address the requirements and concerns of the
Department of Planning Services regarding landscaping, as stated in the
referral response dated December 30, 2005. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
The applicant shall submit a Landscape/Screening Plan that,at a minimum,
delineates the proposed and existing landscaping on the site for review and
approval. The applicant shall demonstrate how the proposed and existing
landscaping on the site will be watered. Evidence of a commercial well for
irrigation of the landscaping shall be supplied to the Department of Planning
Services.
B. The applicant shall submit a Property Maintenance Plan,in compliance with
Section 23-3-360.G of the Weld County Code,to the Department of Planning
Services for review and approval.
C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part
of this facility, all light standards shall be delineated on the plat and be in
accordance with Section 23-3-250.6.6 of the Weld County Code.
D. The applicant shall address the requirements and concerns of the Platteville/
Gilcrest Fire Protection District, as stated in the referral response dated
January 27,2006, including evidence that a copy of MSDS for all hazardous
materials has been forwarded to the Platteville/Gilcrest Fire Protection
District. Evidence of such shall be submitted, in writing,to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Sheriffs Office, as stated in the referral response dated January 26,
2006. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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F. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated January 19,2006. Evidence of such shall be submitted, in writing,to
the Weld County Department of Planning Services.
G. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an ImprovementsAgreementAccording to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. The itemized agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
H. The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss a security plan for the site free of charge.
A detailed amended Design and Operations Plan shall be submitted to the
Colorado Department of Public Health and Environment and the Weld
County Department of Public Health and Environment for review and
approval. The facility shall be constructed and operated in accordance with
the approved design. Evidence of approval shall be submitted to the
Department of Planning Services.
J. Evidence shall be submitted to the Weld County Department of Public Health
and Environment and the Colorado Department of Public Health and
Environment that demonstrates the recycling facility was constructed in
accordance with the approved design. Evidence of approval shall be
submitted to the Department of Planning Services.
K. All required Air Emissions Permits must be obtained from the Colorado
Department of Public Health and Environment,Air Pollution Control Division.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
L. A Fugitive Particulate Emissions Control Plan (Dust Control Plan)shall be
submitted to the Weld County Department of Public Health and Environment
for approval. Evidence of approval shall be submitted to the Department of
Planning Services.
M. The applicant shall demonstrate,through a revised Design and Operations
plan, that all processed wastewater will be collected, disposed of, and/or
used in accordance with the Colorado Water Quality Control Commission
and U.S. Environmental Protection Agency regulations. Evidence of approval
shall be submitted to the Department of Planning Services.
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N. Due to the increased number of employees,the existing 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. Evidence of approval shall
be submitted to the Department of Planning Services.
O. The plat shall be amended to delineate the following:
1) The approved Fencing/Screening Plan.
2) All sheets of the final plat shall be labeled: 3rd AMUSR-842.
3) Weld County Road 41 is designated on the Road Capital
Improvement Plan(County-Wide Road Impact Fee,Code Ordinance
Section 20-1-30)as a collector status road,which requires 80 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. This road is maintained by Weld County.
4) Off-street parking, including access drives and fire lanes, shall be
surfaced with gravel or the equivalent, shall be graded to prevent
drainage problems, and shall be capable of handling the weight and
turning radiuses of any fire trucks/emergency vehicles.
5) A minimum of thirty(30) parking spaces shall be delineated on the
plat, and shall include accommodations that meet the requirements
of the American with Disabilities Act (ADA). Each parking space
shall include a curb stop; however, one curb stop centered over two
paring spaces is acceptable.
6) A loading area shall be delineated on the plat, per Section 23-3-350.D
of the Weld County Code.
7) Signs, as approved, shall be delineated on the plat.
8) Areas used for sorting and processing tires shall be delineated on the
plat.
9) The approved Landscape/Screening Plan shall be delineated on the
plat.
10) The approved Lighting Plan shall be delineated on the plat.
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11) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and used
in a manner that will prevent trash from being scattered by wind or
animals, as outlined in Section 23-3-250.A.6 of the Weld County
Code.
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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)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.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Third Amended Use by Special Review. Acceptable CAD formats
are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView
shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
5. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property,until the Third Amended Use
by Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of September, A.D., 2006.
BOARD OF-COUNTY COMMISSIONERS
_ Lc" WELD C NTY, COLORADO
ATTEST: tai 1
J. i , Chair
Weld County Clerk to theme,, (�
David E. Long, Pro-Tern
BY: G "" .
Dep Clerk the oard
W ' m H. Jerke
APP E AS TO 8‘,\NO
Rob D. Masde
o Att ey
Glenn Vaad C
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIRE RECYCLING, INC.
3RD AMUSR#842
1. The Site Specific Development Plan and Third Amended Use by Special Review
Permit #842 is for a Solid Waste Disposal Site and Facility (commercial junkyard and
salvage yard, including tire landfill, storage, shredding, and recycling facility), Heavy
Manufacturing/Processing Facility(cryogenic processing/crumb rubber)and a Mobile Home
for Housing in the 1-3(Industrial)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. Off-street parking, including access drives and fire lanes, shall be surfaced with gravel or
the equivalent, shall be graded to prevent drainage problems, and shall be capable of
handling the weight and turning radiuses of any fire trucks/emergency vehicles.
4. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
5. The applicant shall take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
6. In the event that any area is proposed to be leased to another party in the future, the
applicant shall submit a copy of the lease agreement and information regarding the
proposed use of the leased portion to the Weld County Attorney's Office, Weld County
Department of Building Inspection, Platteville Fire Protection District,and the Department
of Planning Services for review. Based upon the proposed use and/or impacts of the leased
portion, the Department of Planning Services may require a new Use by Special Review
application.
7. The existing mobile home on the site shall be used as living quarters for caretakers or
security personnel responsible for maintaining or guarding the property in accordance with
Section 23-3-330.C.4 of the Weld County Code,and as approved under 2nd AMUSR-842.
8. "No Trespassing"signs shall be posted and maintained on the perimeter to clearly identify
the boundaries of the site.
9. The hours of operation, as indicated in the application materials, for tire deliveries are
7:30 a.m. to 4:30 p.m., Monday through Friday, and 8:00 a.m. to 12:00 p.m. on Saturday.
The shredding and crumb rubber operation hours will be running 24 hours a day,seven(7)
days a week.
10. The site shall be limited to no more than twenty (20) employees at any given time.
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11. The property owner or operator shall be responsible for complying with the Certificate of
Designation, as approved by the Board of County Commissioners on October 22, 2003.
12. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
13. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
14. 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.
15. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. Building plans shall
also be submitted to the Platteville Fire protection District for its review and approval, and
written evidence of such shall be submitted to the Weld County Department of Building
Inspection.
16. 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter 29 of
the Weld County Code.
17. The structures will probably be classified as an F-1 use(Crumb rubber). The building will
be required to have an automatic sprinkling system,or an alternative system approved by
the Platteville/Gilcrest Fire Protection District. 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 the Weld County
Code.
18. 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. Offset and setback requirements are measured to the farthest
projection from the building.
19. Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a ten(10)foot deep hole shall be excavated near
the center of the proposed trench area,and shall be left open for a minimum of three
days to determine groundwater depth. A minimum of two(2)feet separation shall
be maintained between the lowest elevation of the cell and the highest elevation of
the groundwater.
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b. Storage cells will be constructed in accordance with the facility's Design and
Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28,
2003, and accompanying supplemental material.
c. No more than eight (8) cells shall be excavated and exposed or filled at a time.
d. A minimum of fifty(50)feet shall be maintained between the top of each cell to allow
for an adequate firebreak and access.
20. Tires in the cells shall be stacked a maximum of four(4) feet above the fire lane surface
elevation, or one (1)foot above the fire lane surface elevation for cells within the 200-foot
setback from oil and gas wells. An additional one(1)foot will be allowed for unevenness of
the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground
elevation adjacent to, and at, the North-South center point on both sides of each cell. The
top one(1)foot(from 4 to 5 feet)will be painted a bright color to allow for easier observation.
21. Volume records shall be maintained which include number of incoming tires, tires placed
in storage trenches,tires recycled on the site, and tires recycled off the site. These counts
shall be recorded daily,and accumulated monthly and annually. An annual report shall be
submitted to the Weld County Department of Public Health and Environment and the
Colorado Department of Public Health and Environment, beginning May 1st of each year.
22. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above
ground for processing and/or recycling shall be stockpiled for a time not to exceed 30 days.
Above ground tire stockpiles shall not exceed ten(10)feet in height and shall be separated
by a minimum width of fifty (50) feet.
23. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and
the requirements of the Platteville Fire Protection District at all times.
24. The property owner or facility operator shall notify the Weld County Departments of Public
Health and Environment and Planning Services,Colorado Department of Public Health and
Environment,and Platteville Fire Protection District in the event of a change in the availability
of equipment or soil identified for fire protection,or changes in the Fire Safety Evaluation and
Fire Control Plan.
25. A copy of the recorded plat and Development Standards will be forwarded and filed with the
Colorado Department of Public Health and Environment.
26. A spillage retention berm shall be required around any container holding fuel or oil with a
volume greater than 50 gallons. The volume retained by the spillage berm should be greater
than the volume of the largest tank inside the berm.
27. No permanent disposal of wastes, other than waste tires, shall be permitted at this site.
28. Any liquid or solid wastes,as defined in the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities, as promulgated by the Solid Waste Disposal Sites and Facilities Act,
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Title 30,Article 20,part 1,C.R.S.,shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
29. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
30. Fugitive dust and fugitive particulate emissions shall be controlled on this site. Facility shall
comply with the approved Fugitive Particulate Control Plan.
31. The maximum permissible noise level shall not exceed the industrial limit of 80 decibels,as
measured according to Section 25-12-102, C.R.S.
32. The property shall be maintained in compliance at all times with the Soil Conservation Plan
approved by Platte Valley Soil Conservation Service.
33. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
34. Surface drainage shall be directed away from the active cells and will be allowed to flow off
of the facility into the natural drainage ways. Stormwater runoff from the facility shall not
exceed the rate of historic runoff. The need for a Stormwater Discharge Permit will be
evaluated in the event stormwater runoff from the facility disrupts normal flows off of the
facility.
35. A safe and adequate fresh water supply shall be available on the facility premises.
36. Upon permanent closure of the facility,all filled tire cells containing tires will be covered with
a minimum of two(2)feet of soil. Cells that are either partially filled or unused shall be filled
to grade with soil.
37. This facility shall comply with the laws, standards, rules and regulations of the Air Quality
Control Commission,the Water Quality Control Commission,the Hazardous Materials and
Solid Waste Division, and any other applicable agency.
38. The tire shredding and cryogenic fracturing process shall operate in compliance with
applicable Colorado Air Quality Control Regulations,and comply with any permits issued by
the Air Pollution Control Division.
39. Visible emissions from the tire shredding and cryogenic fracturing process shall not exceed
20 percent opacity(measured in accordance with Environmental Protection Agency(EPA)
Reference Method 9). There shall be no visible emissions from any manufacturing or
storage buildings (measured in accordance with EPA Reference Method 22).
40. There shall be no discharge of process wastewater to groundwater,surface water,or off the
property. Except those discharges allowed by a Colorado Discharge Permit System
(CDPS) Discharge Permit.
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41. The property owner or operator shall comply with the approved Design and Operations plan.
42. At closure, all tires and tire material shall be placed into cells.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
45. Effective January 1, 2003, building permits issued on the subject site will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
46. 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.
47. 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.
48. The Third 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.
49. 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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