HomeMy WebLinkAbout20252437.tiffResolution
Approve Request to Extend Time to Record Map for Use by Special Review Permit,
USR23-0046 — 6045 County Road 6 Trust
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 the 26th day of March, 2025, the Board of County Commissioners of Weld
County, Colorado, approved the application of 6045 County Road 6 Trust, 6045 County
Road 6, Brighton, Colorado 80603, for Use by Special Review Permit, USR23-0046, for
a Residential Therapeutic Center, outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the S1/2 SW1/4 of Section 19, Township 1 North, Range 67 West of
the 6th P.M., Weld County, Colorado
Whereas, Section 23-2-200.H of the Weld County Code states: The applicant shall
submit the draft map for preliminary approval to the Department of Planning Services in
electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or
other drafting media approved by the Department of Planning Services, along with all
other documentation required as Conditions of Approval. The map shall be recorded in
the office of the County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of
this Article. The map shall be recorded within one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. If a Use by Special Review (USR) map has not
been recorded within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and present
evidence substantiating that the Use by Special Review (USR) has not been abandoned
and that the applicant possesses the willingness and ability to record the Use by Special
Review (USR) map. The Board of County Commissioners may extend the date for
recording the map. If the Board determines that conditions supporting the original
approval of the Use by Special Review (USR) cannot be met, the Board may, after a
public hearing, revoke the Use by Special Review (USR), and
Whereas, the Department of Planning Services received a request from 6045 County
Road 6 Trust, by letter dated July 28, 2025, seeking an extension until January 26, 2026,
to complete the Conditions of Approval and record the map for USR23-0046 in the records
of the Weld County Clerk and Recorder, and staff set the matter to be considered by the
Board of County Commissioners of Weld County, Colorado, on August 27, 2025, and
cc : PL(DE/MU /KR), CA(► m), ASR(sa.
RPM., APPS.. REP.
oq /oir/2S
2025-2437
PL2947
Extend Time to Record Map for Use by Special Review Permit, USR23-0046 —
6045 County Road 6 Trust
Page 2
Whereas, the Board heard all of the testimony and statements of those present, studied
the information presented by the applicant, and recommendation of the Weld County
Department of Planning Services, and having been fully informed, deems it advisable to
grant the extension request until January 26, 2026.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of 6045 County Road 6 Trust, for an extension of time to
complete the Conditions of Approval and record the map for Use by Special Review
Permit, USR23-0046, be, and hereby is, approved, with said extension granted until
January 26, 2026.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 27th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2537
PL2947
MEMORANDUM
WEE
COUNTY, CO
To: Board of County Commissioners
From: Maxwell Nader, Planning Manager
Date: August 25, 2025
Re: USR23-0046 Extension Request
Mimi Florance, Agent for Jordan Gutierrez submitted an extension request for USR23-0046,
a Residential Therapeutic Center. The applicant is requesting an extension date of
January 26, 2026. The extension request states: "Since the BOCC approval we have
worked consistently to address and resolve Conditions of Approval for this application to
be accepted by all Referral Agencies, yet we did not anticipate that in some cases
approval would require the Applicant to move into the planning and also, even
procurement phases of this project. Specifically, those items we continue to resolve are
CWCWD's domestic water requirements. This introduces pressure to choose a course of
action that could have substantial implications for other aspects of this project. We
continue to work to make the best use of available resources and the most insightful
planning for this project and we respectfully request more time to address and resolve all
Conditions of Approval."
USR23-0046 was approved by the Board of County Commissioners on March 26, 2025 for
a Residential Therapeutic Center.
Per Section 23-2-200.H: The applicant shall submit the draft map for preliminary approval
to the Department of Planning Services in electronic (.pdf) format. Upon approval, the
applicant shall submit the map on Mylar or other drafting media approved by the
Department of Planning Services, along with all other documentation required as
Conditions of Approval. The map shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall
be recorded within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the recording
fee. If a Use by Special Review (USR) map has not been recorded within one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution, or
within a date specified by the Board of County Commissioners, the Board may require
the landowner to appear before it and present evidence substantiating that the Use by
Special Review (USR) has not been abandoned and that the applicant possesses the
willingness and ability to record the Use by Special Review (USR) map. The Board of
County Commissioners may extend the date for recording the map. If the Board
determines that conditions supporting the original approval of the Use by Special Review
Page 1
pLZq1-11
(USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special
Review (USR).
The Department of Planning Services is in support of this extension.
Page 2
07/28/2025
To: Maxwell Nader, Planning Manager, Dept of Planning Services, Weld County, CO
Re: Special Use Review USR23-0046 and request for an extension for application completion.
Project Address: 6045 County Rd 6, Brighton, CO
Applicant: Jordan Gutierrez
Maxwell,
Due to unforeseen and unanticipated requirements for "Conditions of Approval" for this USR
Application we are requesting an extension of six (6) months.
This Special Use/Change of Use was approved at the two hearings, by the Planning Board on
March 4, 2025 and the by the Board of County Commissioners on March 26, 2025. Per the
original timeline the USR Application needed to be completed and finalized within 120 days
from the BOCC's approval.
Since the BOCC approval we have worked consistently to address and resolve Conditions of
Approval for this application to be accepted by all Referral Agencies, yet we did not anticipate
that in some cases approval would require the Applicant to move into the planning and also,
even procurement phases of this project. Specifically, those items we continue to resolve are
CWCWD's domestic water requirements. This introduces pressure to choose a course of
action that could have substantial implications for other aspects of this project. Do note, this
change of use from a Single -Family Home to an Assisted Living Facility has a realistic opening
date of 2029.
We continue to work to make the best use of available resources and the most insightful
planning for this project and we respectfully request more time to address and resolve all
Conditions of Approval.
Thank you,
Mimi Florance, Agent for Jordan Gutierrez
o: 970-314-2903
c: 303-887-3447
Extension Request
Department of Planning Services
1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632
www.weld.gov I (970) 400-6100 I Fax (970) 304-6498
The Weld County Code contains certain timeframes that developments must meet. Please refer to the
Weld County Code, accessible online from the link under Useful Links on the County website:
www.weld.gov. See attached for excerpted sections.
An extension of time may requested by submitting this form. Please complete this page and email it to the
planner you have been working with. The form may also be faxed to the number above or mailed or
delivered to the address above.
Your name:fr rni t7 1281X4 A irtiv'+f/than f Planner on case: 'fjc/trf/iVader
Phone: f fO /y 2 qO4 Email: #011/80/.411107a,./ Corn
Case number: 6651 - o0 Date case conditionally approved: Hai 'to be. /t,Gorded:
6 -£� r�5
Number of Previous Extension Requests: 5 Extension date requested: /— Z-6 --Z
Reason for request: ,.V'./ 1 G41GM?/j , l'eweed,/pow a,G Or,
add•tto ///vm�re.SharI r /at COil M eacA7"o - #iG /`C✓IC't/ 074-
e• !?/a*v -reeatsr7eh7 ttrst rp uarro/ as a.
GOA 41 the- Sri✓/ro a n'tai Alt//17 AOsioli is �ye f Gosiviefewe.
Type of extension (check one): Ad'? / ewa cape jh-,ro cs9.
9
X Plat/map recording deadline extension
Construction commencement deadline extension
Other
I (We) acknowledge the County will charge an additional $50.00 for every three-month period beyond the
original deadlin o record the map or plat per the Fee Schedule in Appendix 5-J of the County code.
�'.Z5
gnat e% Date Signature Date
Him, /—/D,'a.1ce—
Print Print
For Planning Department Use:
An extension is hereby granted for the case and date listed above.
An extension is hereby granted for the case listed above but until
The requested extension is denied for the following reason(s):
The requested extension will be forwarded to the Board of County Commissioners for its
decision at its regular 9:00 a.m. meeting on . Please be sure to
attend the meeting.
Director of Planning Services
02/24
CO PY1
Resolution
Approve Use by Special Review Permit, USR23-0046, for a Residential Therapeutic
Center, outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — 6045 County Road 6 Trust
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 26th day of
March, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of 6045 County Road 6 Trust, 6045 County Road 6, Brighton,
Colorado 80603, for Use by Special Review Permit, USR23-0046, for a Residential
Therapeutic Center, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Part of the S1/2 SW1/4 of Section 19, Township 1 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 —The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded is
the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with, or infringe
upon, the rights of others." The proposed application respects private
property rights by allowing an existing use and existing structure to
be utilized in a way that better supports the needs of the community,
co:PL(GE/t1N/Kit),ASR(SG)
APPL.,ArrL. REP.
oH/3o/25
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 — 6045 County Road 6 Trust
Page 2
by providing expanded operating parameters to a residential
therapeutic center. The existing site activities, being a residential
dwelling, have successfully co -existed with the surrounding
properties for many years and will continue to be utilized as such.
This request complies with County regulations and does not
negatively impact surrounding land uses.
2) Section 22-2-30.C states: "Harmonize development with surrounding
land uses." The proposed residential therapeutic center is a use that
can serve the surrounding residential population. Conditions of
Approval and Development Standards are attached to address
compatibility with the surrounding area. The property is adjacent to
the municipal limits of the City of Dacono and the city responded with
no concerns. The proposal will be utilizing the existing structures on
the site and will be limited to 16 residents, due to the size of the
structure and compliance with state regulations. The structure will
expand in size but will go through a change of use process with the
Department of Building Inspections to ensure the building is properly
built for the use of a Residential Therapeutic Center (RTC).
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. 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."
2) Section 23-3-40.DD of the Weld County Code allows residential
therapeutic centers as a Use by Special Review outside of
subdivisions and historic townsites.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Adjacent land consists of a variety
of uses including rural residences, commercial uses permitted through Use
by Special Review (USR) permits, and agricultural land. There are multiple
USR permits within one (1) mile of the site, including USR-1669 for a
trucking parking business, 1 MUSR20-18-0061 for an oil and gas support
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 - 6045 County Road 6 Trust
Page 3
and service facility, USR18-0109 for a non -1041 major facility-230KV,
USR-941AM and SUP -223 for compressor stations, USR16-0002 for a
commercial business for storage of roofing material, SUP -299 for a kennel,
USR-1341 fora mining operation and batch plant, USR16-0035, 2MUSR17-
13-0010, USR-1607 and MUSR14-0021 for outdoor storage facilities, and
USR-1702 for a public utility facility.
The Department of Planning Services sent notice to 15 surrounding
property owners and two (2) letters were received in January of 2024, during
the second round of review. The concerns outlined in the first letter were
focused on the previous request of two (2) RTCs and the impacts
associated with having two (2) facilities, such as traffic, infrastructure,
zoning and property values. The second letter, also submitted during the
second round of review, outlined concerns of traffic, noise, and general
safety. The Conditions of Approval and Development Standards will assist
in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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 located within the three (3) mile referral area for
the Town of Erie, and the Cities of Fort Lupton, Northglenn and Dacono. All
four (4) municipalities responded with no concerns on their referrals. The
City of Dacono is the nearest municipality, being approximately 100 feet
north of the subject property. The City's "Dacono Forward" Comprehensive
Plan Update of 2017 identifies this subject property as future "Suburban
Residential."
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 located within any of
the following overlay districts officially adopted by the County, including A -P
(Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate
Storm Sewer System area, or Special Flood Hazard Area. The property is
located within the Geologic Hazard Overlay District. Specifically, the subject
property is located above two (2) abandoned coal mines, being 350-399
feet and 100-149 feet in depth. The on -site improvements are located on
top of the 350 -399 -foot deep abandoned coal mine. 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.
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 - 6045 County Road 6 Trust
Page 4
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 proposal does not add additional buildings or improvements, and
the existing structures will be used for the proposed use. The property is
currently not in crop production. There are four (4) soil classifications on the
site: Nunn clay, Renohill clay loam, Ulm clay loam, and Wiley -Colby
complex. All four (4) soil classifications are either considered "Prime
Farmland if irrigated" or "Farmland of Statewide Importance". The site has
historically been residential, with the house constructed in 2005. Based on
the historic uses and the soil classifications this use will not remove any
"Prime Farmland" from production.
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 can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of 6045 County Road 6 Trust, for Use by Special Review
Permit, USR23-0046, for a Residential Therapeutic Center, 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 address the comments from the Central Weld County
Water District, as stated in the referral response dated November 26, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the comments from the Mountain View
Fire Rescue, as stated in the referral response dated November 26, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. As the applicant intends to utilize the existing On -site Wastewater
Treatment System, the system shall be reviewed by a Colorado Registered
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 — 6045 County Road 6 Trust
Page 5
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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0046.
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 applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) All signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2 of the Weld County Code, if
applicable.
6) The map shall delineate the parking area for the vendors, customers
and/or employees.
7) The applicant shall show and label all recorded easements, and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
8) County Road 6 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) County Road 13 (Colorado Boulevard) is a paved road and is
designated on the Weld County Functional Classification Map as an
arterial road, which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 — 6045 County Road 6 Trust
Page 6
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the site map or
plat. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
10) The applicant shall show and label the proposed access location
onto County Road 6, as well as the approved access width and the
appropriate turning radii, on the site plan. The applicant must obtain
an Access Permit for an approved location, prior to construction.
Label the existing, unpermitted access point onto County Road 6 as
"Close and Reclaim."
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the drainage flow arrows.
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 paper map along with all other documentation required as
Conditions of Approval. The paper 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 paper 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 Appendix 5-J of the Weld County Code, should the map not
be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added
for each additional three (3) month period.
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 - 6045 County Road 6 Trust
Page 7
4. Prior to Construction:
A. The Access Permit shall be obtained, and the approved tracking control
shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to the issuance of the Certificate of Occupancy:
A. On -site Wastewater Treatment Systems (OWTS) are required for the
proposed facility and shall be installed according to the Weld County OWTS
Regulations and are required to be designed by a Colorado Registered
Professional Engineer, according to the Weld County OWTS Regulations.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any
Building Electrical Permits be issued on the property, until the Use by Special
Review map 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.
Use by Special Review Permit
Development Standards
6045 County Road 6 Trust
USR23-0046
Use by Special Review Permit, USR23-0046, is for a Residential Therapeutic
Center, outside of subdivisions and historic townsites in the A (Agricultural) Zone
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 hours of operation will be 24 hours a day, 7 days a week.
4. There will be up to seven (7) employees.
5. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County
Code.
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 - 6045 County Road 6 Trust
Page 8
8. 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 facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
9. 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.
10. Adequate drinking, handwashing and toilet facilities shall be provided for the
facility, at all times. A permanent, adequate water supply shall be provided for
drinking and sanitary purposes.
11. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
12. If an OWTS serves 20 or more people per day, the facility shall submit an
Underground Injection Control (UIC) Class V Injection Well Permit to the
Environmental Protection Agency (EPA).
13. The facility shall comply with the Colorado Department of Public Health and
Environment, Colorado Department of Human Services, and the Weld County
Department of Human Services, rules and regulations regarding registration and
licensing requirements.
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. 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.
18. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with
the use on the adjacent properties in accordance with the map. Neither the direct,
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 - 6045 County Road 6 Trust
Page 9
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.
21. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County 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, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
22. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact. Fee Programs.
23. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
24. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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 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 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.
2025-0752
PL2947
Use by Special Review Permit, USR23-0046 — 6045 County Road 6 Trust
Page 10
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. A 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. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 26th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0752
PL2947
Hello