HomeMy WebLinkAbout20233621.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT,USR23-0026,FOR LIVESTOCK CONFINEMENT OPERATIONS FOR UP TO
25,000 CALVES AND MULTI-FAMILY DWELLING FOR PERSONS PRINCIPALLY
EMPLOYED AT OR ENGAGED IN FARMING FOR UP TO 25,000 CALVES OUTSIDE
OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A(AGRICULTURAL)ZONE
DISTRICT-ABCD LANDCO,LLC,C/O 5280 CATTLE COMPANY,LLC
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 20th day of
December,2023,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of ABCD Landco, LLC, c/o 5280 Cattle Company, LLC,
9571 County Road 20,Fort Lupton,Colorado 80621,for a Site Specific Development Plan and
Use by Special Review Permit, USR23-0026,for Livestock Confinement Operations for up
to 25,000 calves and multi-family dwelling for persons principally employed at or engaged in
farming outside of subdivisions and historic townsites in the A(Agricultural)Zone District,on the
following described real estate,being more particularly described as follows:
Lots A and B of Recorded Exemption,RE-4332,and
Lots 2 and 3; all being a part of the N1/2 of
Section 12,Township 7 North,Range 67 West of the
6th P.M.,Weld County,Colorado
WHEREAS, at said hearing, the applicant was represented by Travis Hertneky,
THEngineering,P.O.Box 337748,Greeley,Colorado 80633,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.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.A.4 states: "Farming or ranching operations are
not considered a nuisance as long as they employ common or
reasonable agricultural practices."Day old calves are brought into
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the facility from area dairies where they are raised until
approximately six(6)months old.They are then transferred back to
the original dairy,to a dedicated heifer raising facility,and a few are
kept onsite. The site is large enough to handle the expansion,
ensure long-term operation without the necessity of leasing acres,
and will be located to the south of County Road 84 and east of the
existing facilities.
2) Section 22-2-30.D.2 states: "Collaborate on County-wide
transportation and land use plans,and ensure that land use change
proposals comply with applicable transportation plans,functional
classifications,and access control plans adopted by the County."
This site has no permitted access point onto County Road 23;
however,in the platting of RE-4332,an agricultural access was
identified.Based on the location shown on the plat for RE-4332,this
access point does not meet the Minimum Access Spacing Criteria.
Specifically,it is not at least 330 feet from the intersection of County
Roads 23 and 84.Aerial imaging indicates this access has been
constructed, therefore, the access point shall be closed and
reclaimed.The applicant has requested that the manure trucks for
the site access onto County Road 23,north of the Pierce Lateral.
This access point appears to be existing but not permitted and
meets the Minimum Access Spacing Criteria, therefore, an
agricultural Access Permit shall be obtained for this location.
The site has three (3) permitted access points onto County
Road 84. In addition to these three(3)accesses points, there
appears to be an unpermitted, agricultural access that is
approximately 2,240 feet west of the intersection of County
Roads 84 and 25. This location appears to meet the Minimum
Access Spacing Criteria and should be permitted.The applicant has
stated that vehicles from this facility will be using Access Permit,
#AP21-0008,onto County Road 84.
The site has three (3) permitted access points onto County
Road 25.In the platting for RE-4332,an agricultural access was
identified just south of the intersection of County Roads 25 and 84;
however, this access location does not appear to have been
constructed.Further,this access point does not meet the Minimum
Access Spacing Criteria,therefore,this access point should not be
shown on the USR map.
Traffic to and from the facility will consist primarily of approximately
two(2)stock trailer loads of baby calves,per day,during Phase I
and four(4)stock trailer loads,per day,at full buildout.Calves will
be raised to approximately 400 pounds,at which time they will be
shipped out to local dairies,via semi or stock trailers.Traffic from
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cattle shipped from the facility will account for two(2)loads,per
week,during Phase I operations,and six(6)loads,per week,at full
buildout.
The majority of truck traffic will be feed deliveries,which will consist
of approximately 50% silage, delivered during a distinct silage
harvest season, and the remainder will be hay, grains, and
minerals.Feed deliveries will typically average 55 loads,per day,at
full buildout.
B. Section 23-2-230.6.2—The proposed use is consistent with the intent of
the A(Agricultural)Zone District.
1) Section 22-2-10 — 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."This
Code Section,in essence,supports the proposed USR,as the dairy
expansion does not interfere with agricultural activities or other Use
by Right activities.The proposed use is consistent with the intent of
the A (Agricultural) Zone District and is permittable under
Section 23-3-40.O of the Weld County Code,which allows for a Site
Specific Development Plan and Use by Special Review Permit for
a Livestock Confinement Operation (25,000-head calf facility).
Additionally, the application materials included a Nuisance
Management Plan and a Preliminary Waste Management Plan,per
the Colorado Department of Public Health and Environment,
Concentrated Animal Feeding Operation (CAFO) requirements,
which will help mitigate potential impacts of the dairy.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses.The adjacent unincorporated lands
are all zoned A(Agricultural).The surrounding land uses consist of irrigated
and dry farmland,rural residences and sporadic, on-going oil and gas
activity.Many parcels have been created using the Recorded Exemption
or Subdivision Exemption process,while lands to the north are large tract
and unplatted.There are four(4)USRs within one(1)mile of the site.To
the west is USR-850,for a single family residence on less than 80 acres;
and to the east are USR-895 and USR18-0065,for the Waste Management
North Weld Landfill; and associated USR-1527 for the Administration,
repair,parking,staging and storage of vehicles and equipment and fueling
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station, associated with the Waste Management operations.
Approximately one-half(0.5) mile to the south is the Belmont Farms
residential subdivision,located within the Town of Severance.
Weld County Department of Planning Services staff sent notice to
seven(7) surrounding property owners (SPOs)within 500 feet of the
proposed USR boundary.No written correspondence or telephone calls
were received. The proposed use is in an area that can support this
development and the proposed screening, Conditions of Approval and
Development Standards,will assist in mitigating the impacts of the facility
on 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 of
the Town of Severance,which did not return referral comments indicating
a conflict with their interests.
The Town of Severance Future Land Use map designates this area as
Rural Residential.The intent of the rural residential land use category is to
provide low-density, single-family, residential development within the
Town's outer fringe. The current land is predominantly rural and
agricultural,with some existing residential subdivision developments that
are consistent with the future vision of the Comprehensive Plan.These
areas may have centralized water but are not served by central sewer.
Typically,the existing roadway network is limited to rural roads,spaced in
one(1)-mile intervals,that correspond to section lines.Rural residential
development in this planning area is intended to be large-lot,residential
subdivisions,with a predetermined number of acres,per lot,combined with
the limitations of infrastructure that may be accessible or obtainable.
E. Section 23-2-230.8.5 — The application complies with Chapter 23,
Articles V and XI,of the Weld County Code.The property is not within the
Airport Overlay District,1-25 Overlay District,Special Flood Hazard Area,
Geologic Hazard Overlay District,MS4-Municipal Separate Storm Sewer
System area,Historic Townsites Overlay District,or Agricultural Heritage
Overlay District. Building Permits issued on the property 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 existing facility,and proposed expansion,will be located on Kim
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loam,which is classified with an A or B rating,Olney fine sandy loam,which
is classified with an B rating,and Otero fine sandy loam,which is classified
with an A rating,per the soil report dated May 2,2023,from the Natural
Resource Conservation Service Soil Survey.These loam soils have a high
infiltration rate and low runoff potential.Of the 311 acres,296 acres are
classified as Prime if Irrigated.The applicant indicated the land was dryland
farm ground when purchased.No prime agricultural land is affected by this
proposal.
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.The facility
is registered as a Large, Non-Permitted,Concentrated Animal Feeding
Operation(CAFO)with the Colorado Department of Public Health and
Environment,Environmental Agricultural Program.Water is supplied to the
site through a North Weld County Water District commercial/industrial tap.
There is also a livestock well,#320721,located on the site.The facility will
be served by a commercial On-site Wastewater Treatment System,
SP-2100219,which is sized for 19 employees.The permit has been applied
for but has not received final approval.The applicant supplied a Nuisance
Management Plan to address conditions that may result from animal
confinement operations.Those items include pest control,air quality,and
noise.A Manure Management Plan was provided,which indicated 211
acres is available to land apply liquid,at an agronomic rate,and solid
manure will be removed and applied offsite for land application.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of ABCD Landco,LLC,c/o 5280 Cattle Company,LLC,for
a Site Specific Development Plan and Use by Special Review Permit,USR23-0026,for Livestock
Confinement Operations for up to 25,000 calves and multi-family dwelling for persons principally
employed at or engaged in farming 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. A Road Maintenance Agreement is required for off-site improvements at
this location.Road maintenance includes,but is not limited to,dust control
and damage repair to specified haul routes. Also, road maintenance
includes the annual application of magnesium chloride to the segments of
County Road 23 and County Road 84,that are specified as the haul route.
B. The applicant shall acknowledge the requirements of the Weld County Oil
and Gas Energy Department,in the referral,dated August 3,2023.Written
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evidence of such shall be submitted to the Weld County Department of
Planning Services.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources,as stated in the referral response,dated August 17,
2023.Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall provide written confirmation that the multiple fuel tanks,
for on-site operations,are appropriately permitted through the Colorado
Department of Labor and Employment,Division of Oil and Public Safety.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall submit a Lighting Plan for review,and acceptance,by
the Department of Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0026.
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) County Road 23 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 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.
5) County Road 84 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 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.
6) County Road 25 is a paved 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
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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.
7) The applicant shall show and label the existing,permitted,and/or
unpermitted, access points onto County Road 25 and
County Road 84. Show and label the proposed and/or existing,
unpermitted access points onto County Road 23.For the proposed
access dedicated to this facility,specify the approved access width,
and the appropriate turning radii on the site plan.Access locations
will be reviewed by Development Review during the review of the
USR map.Unpermitted access points,that do not meet the required
spacing,may be required to be closed and reclaimed.
8) The applicant shall show and label the tracking control on the site
plan.
9) The applicant shall show and label the site drainage flow arrows
and the CAFO ponds.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
11) The applicant shall show and label the accepted site lighting for the
facility.
12) 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.
13) The applicant shall delineate the parking area for the vendors,
customers and/or employees. Section 23-2-240.A.6.f the Weld
County Code addresses the issue of on-site parking,staging,and
storage of vehicles and equipment.
14) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV,Division 2 of the Weld County Code.
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
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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 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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
C. Building permits are required for the employee housing.
5. Prior to Operation:
A. The applicant shall provide written evidence that the commercial On-site
Wastewater Treatment System, SP-2100219, which is sized for
19 employees,has received final approval.
6. 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 20th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: G� ,�/1
J : Mi eman,Chair
Weld County Clerk to the Board
,j rI Perry .B k,Pro-Tem
B W GEC-
Deputy Clerk to the Board
►•t K.James
.s APPROVED J% ORM:
,.�,, ►.Ross
1461
County A orney
1/41 Z� � �:aine
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ABCD LANDCO,LLC,
C/O 5280 CATTLE COMPANY,LLC
USR23-0026
1. Site Specific Development Plan and Use by Special Review Permit,USR23-0026,is for
Livestock Confinement Operations for up to 25,000 calves and multi-family dwelling for
persons principally employed at or engaged in farming 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 are 24 hours a day,Monday through Sunday.
4. Employees are onsite 6:00 a.m.-6:00 p.m.,Monday—Sunday.
5. The number of on-site employees shall be up to 19,as stated in the application materials.
6. The number of multi-family dwellings for persons principally employed at the calving facility
is limited to six(6)dwellings.
7. The parking area on the site shall be maintained.
8. All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles on public roads.On-site parking shall be
utilized.
12. 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.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
15. The historical flow patterns and runoff amounts on the site will be maintained.
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16. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities
Act,C.R.S.§30-20-100.5,as amended)shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
17. No permanent disposal of wastes shall be permitted at this site.This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,Section C.R.S.§30-20-100.5.
18. 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.
19. 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.
20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
21. Any On-Site Wastewater Treatment System(OWTS)located on the property must comply
with all provisions of the Weld County Code,pertaining to OWTS.
22. Adequate drinking,handwashing and toilet facilities shall be provided for employees and
patrons of the facility,at all times.As employees or contractors are onsite for less than
two(2)consecutive hours a day 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.Portable toilets shall be screened from existing adjacent
residential properties and public rights-of-way.
23. The facility shall operate in compliance with Colorado Water Quality Control Commission,
Regulation 81(5 CCR 1002-81)and 61(5 CCR 1002-61).There shall be no discharge of
manure or process wastewater,except as provided in the facility's Colorado Discharge
Permit.
24. If required,a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division,for construction activities.
25. Any manure or process wastewater applications shall be at agronomic rates and in
accordance with the Nutrient Management Plan or Manure and Wastewater Management
Plan.There shall be no discharge from land application areas,except for agricultural
stormwater.
26. The facility shall be operated and maintained in a manner to prevent nuisance conditions,
in accordance with the approved Management Plan for Nuisance Control.
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27. The facility shall be operated in a manner to control pests at all times,in accordance with
the current approved Management Plan for Nuisance Control.Additional control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment,in the event that rodents,which can be determined to be associated with the
facility,are in such a number to be considered a nuisance condition.
28. The facility shall be operated in a manner to control flies at all times,in accordance with
the current, approved Management Plan for Nuisance Control.Additional fly control
measures shall be implemented at the request of the Weld County Department of Public
Health and Environment,in the event that flies,which can be determined to be associated
with the facility,are in such a number to be considered a nuisance condition.Additional
controls shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly complaints,associated with
the facility,and in the judgment of the Weld County Health Officer,there exists a fly
condition requiring abatement.
29. Odors detected off the site shall not equal,or exceed,the level of 15:1 dilution threshold,
as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control
Regulations.Additional controls shall be implemented,at the request of the Weld County
Department of Public Health and Environment,in the event odor levels detected offsite of
the facility meet,or exceed,the level of 15:1 dilution threshold,or in the judgment of the
Weld County Health Officer,there exists an odor condition requiring abatement.
30. The applicant shall remove,handle,and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions.The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors,flies,insect pests,or
pollutant runoff.The surface beneath the manure storage areas shall be of materials which
are protective of state waters.These areas shall be constructed to minimize seepage or
percolation of manure contaminated water.In no event shall the facility impact or degrade
waters of the State,in violation of Colorado Water Quality Control Commission Regulation,
Number 81.
31. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations. There shall be no open burning except"Agricultural Open Burning,"as
defined by Colorado Air Quality Control Regulations.
32. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone,as delineated in C.R.S.§25-12-103.
33. All chemicals must be handled in a safe manner,in accordance with product labeling.All
chemicals must be stored securely,on an impervious surface,and in accordance with
manufacturer's recommendations.
34. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit,and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
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35. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
36. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
37. Lighting shall be maintained in accordance with the approved Lighting Plan.
38. 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.
39. 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 Building Codes,2018 International Energy 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.
40. 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.
41. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
42. 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.
43. 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.
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44. 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.
45. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three(3)years from the of approval,unless otherwise specified by the
Board of County Commissioners when issuing the original Permit,or the Permit shall be
vacated.The Director of the Department of Planning Services may grant an extension of
time,for good cause shown,upon a written request by the landowner.
46. 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.
47. 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.
48. 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.
49. 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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