HomeMy WebLinkAbout20241937.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0015, FOR
OIL AND GAS SUPPORT AND SERVICE (TRUCK PARKING) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT, AND RESCIND RESOLUTION #2021-3164, DATED NOVEMBER 17, 2021 -
STACY DITTER
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, on November 17, 2021, the Board approved the application of Stacy Ditter,
33818 County Road 53, Gill, Colorado 80624, for a Site Specific Development Plan and Use by
Special Review Permit, USR21-0015, for Oil and Gas Support and Service (truck parking) outside
of subdivisions and historic townsites, on the following described real estate, to -wit:
Lot 2 of Recorded Exemption, RE -32; being part of
the NW1/4 of Section 16, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has been presented with an email, dated July 3, 2024, from the
applicant stating the business is no longer active, and the permit is not needed, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and rescind Resolution
#2021-3164, dated November 17, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Stacy Ditter to withdraw the application for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0015, for Oil and Gas Support and
Service (truck parking) outside of subdivisions and historic townsites, on the parcel of land
described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2021-3164, dated November 17, 2021, be, and hereby is, rescinded.
cc: PL(ER/MtJ/oA), ASR (se), APPL.,APR..REP,
OSi/oVaLf
2024-1937
PL2803
ACCEPT WITHDRAWAL REQUEST FOR USR21-0015, AND RESCIND RESOLUTION
#2021-3164, DATED NOVEMBER 17, 2021 - STACY DITTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT
ATTEST: C.s .4,1 .4,
Weld County Clerk to the Board
BY: rn-004w,dL
Deputy Clerk to the Board
APP'!VED
unty A rney
Date of signature: _
Kevin D oss, Chair
Perry L. Buy, Pro-Tem
l'‘‘443/1-4,
ike F eeman
on Saine
2024-1937
PL2803
To:
From:
Subject:
Hearing Date:
Owner:
Address:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Board of County Commissioners
Maxwell Nader, Department of Planning Services
USR21-0015 - Consider rescission of conditionally approved permit
July 17, 2024
Stacy E Ditter
33818 CR 53, Gill, CO 80624
Legal Description: Lot 2 of Recorded Exemption RE -32; being a part of the NW4 of
Section 16, Township 6, Range 64 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to CR 53; Approximately 300 feet south of CR 70.
Parcel Number: 080116000025
Zoning: A (Agricultural)
Summary:
Parcel Size: +1- 26.5 acres
This purpose of this memorandum and hearing is to seek direction from the Board of
County Commissioners regarding the conditionally approved, but not perfected USR21-
0015.
Use by Special Review permit # USR21-0015 (A Site Specific Development Plan and Use
by Special Review Permit for oil and gas support and service (truck parking) outside of
subdivisions and historic townsites in the A (Agricultural) Zoned District.) was
conditionally approved by the Board of County Commissioners and the Final Resolution
was signed on November 17, 2021.
On June 27, 2024, Planning Staff discussed over the phone with the property owner on
the continuation of the business. The property owner stated the business was no longer
active, a follow up email was submitted to planning staff confirming the request to rescind
USR21-0015. Additionally, planning staff conducted a site inspection and verified that the
business is not in operation.
2024-1937
ri
PLZS03
Based on the correspondence received from the owner, Planning Staff recommends that
the Board of County Commissioners rescind Use by Special Review Permit No. USR21-
0015.
Exhibits:
A: Signed BOCC Resolution
B: Communication to applicant/owner regarding business
F: Draft USR Map
STACY E DITTER
USE BY SPECIAL REVIEW USR21-XXXX
LOT 2 OF R.E. #0801 -16 -2 -RE -32 OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH
P.M., WELD COUNTY, CO.
DEVELOPMENT STANDARDS
tJ
Map Unit Legend
SOIL SURVEY MAP
USR21-XXXX - COVER
VICINITY MAP
CERTIFICATIONS
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PROPERTv ONMER'S CERTIFICATION
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■
SHEET
USR-1
STACY E DITTER
USE BY SPECIAL REVIEW USR21-XXXX
LOT 2 OF R.E. #0801 -16 -2 -RE -32 OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH
P.M., WELD COUNTY, CO.
LEGEND
■
USR21-XXXX - SITE PLAN
USR-2
SHEET
Maxwell Nader
From: Kern Ann Ditter <kaditterl @gmail.com>
Sent: Wednesday, July 3, 2024 2:11 PM
To: Maxwell Nader
Subject: Re: USR21-0015 Status
Follow Up Flag: Follow up
Flag Status: Flagged
auction: `Phis Mail originated from outside of Weld County Government. Do not click' links or open attachments unless you recognise the
sender and know the content is safe.
Maxwell,
Good afternoon. It was nice to talk with you on the phone last week.
We closed Ditter Trucking in 2021 and Dirt Worx in 2022, so we do not need the USR21-0015. Please let the county
know that we appreciate the work they put into it, but we no longer need it.
Respectfully,
Kerri Ann bitter
970-819-8661
On Fri, Jun 28, 2024 at 1:18 PM Maxwell Nader <mnader@weld.gov> wrote:
Kerri,
As discussed on the phone yesterday. Can you please send me confirmation that you do not wish to finalize USR21-
0015 and support the rescission of it.
Thank you!
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17th Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)-400-3527
WELD
WELD COUNTY, CO
O®474
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Maxwell Nader
Sent: Thursday, June 27, 2024 1:26 PM
To: Kerri Ann Ditter <kaditterl@gmail.com>
Subject: USR21-0015 Status
Kerri,
I see that you signed the certified letter sent to you in March regarding the finishing of USR21-0015. A site visit was
taken today, and it appears there may not be a business the property any longer.
Currently a hearing is scheduled on July 17, 2024 to rescind this USR21-0015 due to the incompletion of conditions.
Please let me know as soon as possible on what your thoughts are.
Best,
2
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17. Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)-400-3527
LD
WELD COUNT,.
O®
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
3
From: Tom Parko Jr
To: kaditterl,.amail.com
Subject: FW: USR21-0015
Date: Wednesday, January 24, 2024 10:07:00 AM
Attachments: jmage006.pnq
image009,pnq
jmage010.onq
im.ge0ll.onq
ResUSR21-0015.odf
Kerri,
Good morning. Please see attached. Have a nice week.
Best,
Tom Parko
Community Development Coordinator
Weld County Government
1402 N. 17th Avenue
Greeley, Colorado 80631
tel: 970-400-3572
tparko@weld.gov
11CICa
From: Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Sent: Wednesday, January 24, 2024 10:05 AM
To: Tom Parko Jr <tparko@weld.gov>
Cc: Tim Naylor <tnaylor@agpros.com>
Subject: RE: USR21-0015
I ci
y0
This entail oi,
igni a the sent'
Good morning Tom,
e, of Weld CountyGovernment. l
tent is safe.
eliek links or open ettaehmen
unless
Hope you are well too. AGPRO is no longer contracted with the Ditters. Please reach out to Kerri
Ditter at (970) 819-8661 or kaditterllsdgmail,com to see if they wish to address their final conditions
of approval.
Thanks,
Kelsey Bruxvoort
Land Planner
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
■
AGPROfessionals
DEVELOPERS OF AGRICULTURE
From: Tom Parko Jr <tparkoWweld.gov>
Sent: Wednesday, January 24, 2024 10:01 AM
To: Kelsey Bruxvoort <Kbruxvoortlutagpros.com>
Subject: USR21-0015
Kelsey,
„�� MERCURY
■ FASiE5LAG`iYG
TOrch PANAif CiR,ZeS
t1/2T)
Vlar C 20.17 HONOREE
Ethics Biz mime= West
nner
Good morning. I hope you are well. We are in the process of cleaning up old case files with Weld
County and our records indicate that you the contact for case number USR21-0015. I'm sending you
an email in hopes that you can look into the status on this case. Please see attached Resolution. This
case was conditionally approved by the Board of County Commissioners on January 19, 2023 for an
oil and gas support and service business. Our records indicate that this USR was not perfected
(recorded). Please work with the case Planner, Maxwell Nader to complete any conditions of
approval so we can finalize the USR. Maxwell's email is mnaderWweld.gov. If the business is not
operational please let me know and we can take the case before the BoCC for recission. Please don't
hesitate to contact me with any questions.
Best,
Tom Parko
Community Development Coordinator
Weld County Government
1402 N. 17th Avenue
Greeley, Colorado 80631
tel: 970-400-3572
tparko@weld.gov
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0015, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK
PARKING) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - STACY DITTER
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 17th day of
November; 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Stacy Ditter, 33818 County Road 53, Gill. Colorado 80624, for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0015, for Oil and Gas
Support and Service (truck parking) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 2 of Recorded Exemption, RE -32; being part of
the NW1/4 of Section 16, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing. the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, LLC, 3050 67th Avenue, Greeley, Colorado 80634, 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 ail 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.
The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B 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 22-2-30.k1 states: "Land use changes should not inhibit
agricultural production nor operations." The subject property is also
utilized for residential productive agricultural use. The Eaton Ditch
is the physical division between the two (2) Uses; therefore, it is not
likely the trucking operation will expand into agricultural portion of
GC : PLCTPA4M, EH(LO, CAC88/Krt)
APR-., APPS.. REP,
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2021-3164
PL2803
SPECIAL REVIEW PERMIT (USR21-0015) - STACY DITTER
PAGE 2
the property. Also, the size and location of the parking area is not a
feasible location for agricultural purposes and is currently not being
used for agricultural purposes.
2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." Based
on the application materials it appears that the proposed Use is
benefiting the oil and gas industry, post development, and with the
limited size and location of the parking area it is not eliminating any
agricultural lands and preserving what is currently in use.
3) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The proposed Use is currently screened
with established trees, and the location of parking area is not easily
visible from the public road right-of-way. Planning staff has not
received any surrounding property owner concerns but is still
requiring an access easement to ensure adequate access and
maintenance of the private roadway utilized for truck parking. The
proposed Use is in an area that can support this development and
the existing and future screening, the Conditions of Approval, and
the Development Standards will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for
natural resource extraction and energy development, without the
interference of other, incompatible land Uses." This Code section allows
the applicant to apply for a USR (Use by Special Review) Permit.
2) Section 23-3-40.V — Uses by Special Review, of the Weld County Code
allows for 'Oil and Gas Support and Service" in Lots outside of a
subdivision and historic townsite in the A (Agricultural) Zone District. This
Code section allows the applicant to apply for the oil and gas truck parking
and related equipment.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. There are eight (8) USRs within one (1) mile
of the site. To the west of the subject property there is a sheep feed lot, USR-682,
and a mineral resource development facility, USR12-0027. To the north of the
subject property there is a central gas treating facility, SUP -287. To the east of the
subject property there is a roping arena and Second Single -Family home,
USR-139, and a dairy, AMUSR-820. To the south of the subject property there is
2021-3164
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SPECIAL REVIEW PERMIT (USR21-0015) - STACY DITTER
PAGE 3
parking and storage for a septic business, USR18-0010, and a water tank,
USR-578. The Weld County Department of Planning Services sent notice to 12
surrounding property owners within 500 feet of the subject property. No
correspondence was received back from surrounding property owners regarding
the proposed application. There were no emails or phone calls received regarding
the proposed application.
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 a
three (3) mile referral area of any municipality, nor is it located within any existing
Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and
XI, of the Weld County Code. The property is not within the Special Flood Hazard
Area, Geologic Hazard Overlay District, Airport Overlay District, Municipal
Separate Storm Sewer System (MS4) area or the Historic Townsite Overlay
District. Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, 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 in the locational decision for the proposed use.
The property is approximately 26 acres in size. The 0.75 acres of property that will
be utilized east of the Eaton Ditch indicated Thedalund loam soils were
encountered, per the Natural Resources Conservation Service Soil Survey dated
June 1, 2021. Additionally, due to the size of the area that is being utilized for the
Use, no farmland will be removed from production.
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 can 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 Stacy Differ, for a Site Specific Development Plan and
Use by Special Review Permit, USR21-0015, for Oil and Gas Support and Service (truck parking)
outside of subdivisions and historic townsites 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 map:
A. The applicant shall submit a recorded copy of the easement agreement
signed by all owners of the property crossed by the access, which include
parcel numbers 080116000073 and 080116200071. The access easement
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SPECIAL REVIEW PERMIT (USR21-0015) - STACY DITTER
PAGE 4
shall be shown and labeled on the USR map and referenced by the
associated Weld County Clerk and Recorder's Reception number.
B. The applicant shall address the requirements of the Department of
Planning Services — Development Review related to Water Quality
Requirements, as stated in the referral response dated September 14,
2021. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. A Screening Plan shall be submitted to, and accepted by, the Department
of Planning Services that screens the site.
D. A Road Maintenance Agreement is required with this land use case. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0015.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing and proposed screening used
for the trucks, related equipment, employee parking area, and
portable toilet.
5) The map shall delineate the parking area for the trucks, related
equipment, and employee vehicles.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code, if applicable.
7) County Road 53 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with the creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County.
8) County Road 70 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with the creating
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SPECIAL REVIEW PERMIT (USR21-0015) - STACY DITTER
PAGE 5
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) The applicant shall show and label the accepted water quality
BMPs.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 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 #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 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.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
2021-3164
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SPECIAL REVIEW PERMIT (USR21-0015) - STACY DITTER
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d);�
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP
Date of signature:
Steve oreno hair
Scmes, Pro -T
erry Bu
Lori Sai
2021-3164
PL2803
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STACY DITTER
USR21-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0015, is
for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic
townsites in the A (Agricultural) Zoned District, 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. The number of on -site commercial vehicles and related equipment shall be no more
than 14.
4. The parking area on the site shall be maintained.
5. The existing and proposed landscaping/screening on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D
and 23-E of the Weld County Code.
7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
10. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
12. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS. A permanent, adequate
2021-3164
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DEVELOPMENT STANDARDS (USR21-0015) - STACY DITTER
PAGE 2
water supply shall be provided for drinking and sanitary purposes, if required for business
use.
13. For employees or contractors onsite for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
19. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
20. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Weld County is not responsible for the maintenance of on -site water quality features.
23. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
and the 2020 National Electrical Code. A Building Permit application must be completed
and two (2) complete sets of engineered plans, bearing the wet stamp of a Colorado
registered architect or engineer, must be submitted for review. A Geotechnical
Engineering Report performed by a Colorado registered engineer shall be required or an
Open Hole Inspection.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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
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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.
26. 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.
27. 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.
28. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
29. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the Use may have been terminated, the Planner shall send
certified written notice to the landowner asking that the landowner request to vacate the
Use by Special Review Permit.
30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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