HomeMy WebLinkAbout20220416.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1359 - ROCKY
MOUNTAIN HOUSE RABBIT RESCUE, C/O SHELBA HEMMING
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, by Resolution dated January 23, 2002, the Board approved Use by Special
Review Permit, USR-1359, for a Home Business (storage building for trophy parts) in the
A (Agricultural) Zone District, for John and Ruth Traupe on the following described real estate,
to -wit:
Lot 1, Block 1, Ranch Eggs, Inc., Subdivision, Filing
No. Two; being part of the NW1/4 of Section 34,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the Board has received a request from the current property owner, Rocky
Mountain House Rabbit Rescue, c/o Shelba Hemming, 984 County Road 7, Unit B, Erie, Colorado
80516, to vacate said Use by Special Review Permit, USR-1359, 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR-1359, be, and hereby is, vacated.
4806982 Pages: 1 of 2
03/02/2022 01:03 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 11111
4801536 Pages: 1 of 2 CC . P (TPI tw) A PPS..
C 02/11/2022 10:34
Carly and O
Recorder, Weld County , CO
���� �J ' beANN141 iIth .:5% 1 1i ii2022-0416PL 11578
VACATE USR-1359- ROCKY MOUNTAIN HOUSE RABBIT RESCUE, C/O SHELBA HEMMING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2O21-- 2022.
ATTEST:
Weld County Clerk to the Board
BY:
Clerk to
BOARD OF COL.JNTY COMMISSIONERS
WELD OUN , COLORADO
Sc . James, Chair
Mi n, Pro-Te
rry L. Buc
• - ��,�Al
4806982 Pages: 2 of 2
03/02/2022 01:03 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 I rofI�'�fil���'I 11 UY, M�i�I�v�Rl�fi�lrhl h b 11111
4801536 Pages: 2 of 2
02/11/2022 10:34 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO 2022-0416
111111.. VlI.I�I�'II4''��KiI�K'C�4TIP11111 PL1578
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
LEGAL DESCRIPTION
LOCATION:
PARCEL NUMBER
PARCEL SIZE:
ZONE DISTRICT:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Maxwell Nader, Planner
Vacation of USR-1359
January 26, 2022
Rocky Mountain House Rabbit Rescue c/o Shelba Hemming
Lot 1, Block 1, Ranch Eggs, Inc, Subdivision, Filing No. Two; being a part of Section
34, TIN, R68W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 7; south of and adjacent to County Road 4
1467-34-2-02-018
+/- 3.9 acres
A (Agricultural)
NARRATIVE: Zoning Permit for Certain Uses in the Agricultural Zone District, ZPAG21-0029, was
conditionally approved by the Weld County Planning Department on January 7, 2022. The
request was for an agricultural support and service (rabbit rescue -retail feed store). A condition
of approval on ZPAG21-0029 staff report read the following:
1.A. "There is a Use by Special Review Permit USR-1359, Reception # 3418677, a Home Business (home
business to store and warehouse, with occasional pickup/delivery, of trophy components) in the A
(Agricultural) Zone District. This USR encompasses the entire subject property. The applicant shall
address the continued operation of USR- 1359. The applicant shall have a complete vacation completed
prior to recording the Change of Zone map per Section 24-11-50 of the Weld County Code."
Rocky Mountain House Rabbit Rescue proceeded to request a complete vacation of USR-1359 on Lot 1, Block
1 of Ranch Eggs, Inc, Subdivision, Filing No. Two.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 1.A of the ZPAG21-0029 staff report.
Vacation of USR-1359 I Rocky Mountain House Rabbit Rescue c/o Shelba Hemming 2022-0416
Page 1 of 1
1/26 PL1578
ROCKY MOUNTAIN HOUSE RABBIT RESCUE
Rh tti L
984 County Road 7, Unit B
Erie, CO 80516
&.r • bunny a lisle time.
www.rmhrr.org
Shelba Hemming
Director
Rocky Mountain House Rabbit Rescue
303-884-5451
shelba@rmhrr.org
January 10, 2022
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader(thweldeov.com
Phone: (970)-400-3527
Mr. Nader,
Rocky Mountain House Rabbit Rescue would like to request a complete vacation of the Use by Special Review Permit
USR-1359, Reception # 3418677, a Home Business (home business to store and warehouse, with occasional
pickup/delivery, of trophy components) in the A (Agricultural) Zone District. This USR encompasses the entire subject
property.
With the change of ownership, there is no longer a need for continued operation of USR-1359.
On behalf of Rocky Mountain House Rabbit Rescue
Shelba Hemming
RMHRR Board of Directors
Janet Brooks, President I Susan Anderson, Treasurer I Paula Shafer, Secretary
Tara Dedolph, DVM, Director I Carrie Oswald, Director I Sarah Erickson, Director I Shelba Hemming, Director
January 10, 2022
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!COPYH
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1359 FOR A HOME BUSINESS (STORAGE BUILDING FOR TROPHY
PARTS) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND RUTH TRAUPE
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 23rd day
of January, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of John and Ruth Traupe, 2800 West 147th Court, Broomfield, Colorado
80020, for a Site Specific Development Plan and Use by Special Review Permit #1359 for a
Home Business (storage building for trophy parts) in the A (Agricultural) Zone District on the
following described real estate, to -wit:
Lot 1, Block 1, Ranch Eggs Subdivision; being part
of the NW1/4 of Section 34, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of
County Commissioners
that the
applicant
has
shown compliance with Section
23-2-230.B of the Weld
County
Code as
follows:
a. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
b. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-4.O of the Weld County
Code provides for Home Businesses as a Use by Special Review in the A
(Agricultural) Zone District.
c. Section 23-2-230.6.3
— The
uses which will be permitted
will be
compatible
with the existing
surrounding land uses. The
proposed use is
2002-0042
(['" f4/ �4/C '� �f��� PL1578
SPECIAL REVIEW PERMIT #1359 - JOHN AND RUTH TRAUPE
PAGE 2
located in Ranch Eggs Subdivision, which is an existing agriculturally
zoned subdivision The proposed use will be located indoors and will
generate few vehicle trips
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 proposed use is located adjacent to the City
of Broomfield, and is located within the three-mile referral areas for the
City of Northglenn, City of Broomfield, and Town of Erie Referrals from
Erie and Northglenn received October 31, 2001, and October 26, 2001,
indicated no conflicts with their interests No referral from the City of
Broomfield was received indicating a conflict with its interests
e Section 23-2-230 B 5 -- The application complies with Section 23-5 of the
Weld County Code Effective December 1, 1999, Building Permits issued
on the lot will be required to adhere to the Fee Structure of the Southwest
Weld Road Impact Program Area 2
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 proposed site is designated "Urban and Urban Build
Up Land" by the 1979 Soil Conservation Service Important Farmlands of
Weld County Map
9
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 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 John and Ruth Traupe for a Site Specific
Development Plan and Use by Special Review Permit #1359 for a Home Business (storage
building for trophy parts) in the A (Agricultural) Zone District on the parcel of land described
above be, and hereby is, granted subject to the following conditions
I The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners
2002-0042
PL1578
SPECIAL REVIEW PERMIT #1359 - JOHN AND RUTH TRAUPE
PAGE 3
2 Prior to recording the plat
A The plat shall be amended to delineate the following
1) The Use by Special Review plat shall satisfy submittal
requirements outlined in Section 23-2-260 D of the Weld County
Code, including the following
a The Use by Special Review Permit number (USR #1359)
shall be indicated on the plat
b Weld County Road 4 is designated on the Southwest
Study Capacity Improvement Needs as a paved rural road,
which requires 60 feet of right-of-way at full build out
There is presently 60 feet of nght-of-way A total of 30
feet from the centerline of Weld County Road 4 shall be
delineated on the plat as right-of-way This road is
maintained by Weld County
Weld County Road 7 is designated on the Southwest
Study Capacity Improvement Needs as a paved rural road,
which requires 60 feet of right-of-way at full build out
There is presently 60 feet of nght-of-way A total of 30
feet from the centerline of Weld County Road 7 shall be
delineated on the plat as nght-of-way This road is
maintained by Weld County
d The Plot Plan shall be revised to include the following
information per Section 20-2-260 D 5 of the Weld County
Code
All utility easements or nghts-of-way for telephone,
gas, electric, water and sewer lines
3 Prior to operation
A The applicants shall attempt to address the requirements of the Mountain
View Fire Protection District outlined in the referral received October 31,
2001
B The applicants shall address the requirements of the Weld County
Department of Building Inspection outlined in the referral received
October 26, 2001
4 The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder
2002-0042
PL1578
SPECIAL REVIEW PERMIT #1359 - JOHN AND RUTH TRAUPE
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of January, A D , 2002
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST Dli
Weld County Clerk to
BY
Deputy Clerk to the
7
APPROYED AS
r ---) -)
Date of signature rf a9
EXCUSED DATE OF SIGNING (AYE)
dliam H Jerke
obert D Masden
2002-0042
PL1578
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND RUTH TRAUPE
USR #1359
The Site Specific Development Plan and Use by Special Review Permit #1359 is for a
Home Business (home business to store and warehouse, with occasional pickup/delivery,
of trophy components) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code
3 The business shall adhere to the requirements for a Home Business as defined in
Section 23-1-90 of the Weld County Code These requirements are
a) The use is conducted primanly within a dwelling unit or accessory structure and
principally carried on by the family resident therein
b) The use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof
4 Vehicle trips for this facility shall be limited to the following as stated in the application
a) One Federal Express truck five time a week
b) One UPS truck five times a week
c) One Ford pickup and One Ford Explorer, Monday through Friday
5 Number of employees shall be limited to a maximum of two full-time employees and one
part-time employee as stated in the application
6 All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100 5, C R S, shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination
7 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions
8 Fugitive dust shall be controlled on this site
9 The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C R S
10 Adequate toilet and hand -washing facilities shall be provided for employees
11 The facility shall utilize the existing public water supply (Left Hand Water District)
2002-0042
PL1578
DEVELOPMENT STANDARDS - JOHN AND RUTH TRAUPE (USR #1359)
PAGE 2
l 12 that vermin, food nfe t tion odors, other
Animal and disease hazards nuisances are minimized
ganic wastes Iedisposed of so
13 The applicant shall utilize all existing access points No new accesses will be granted
u14 to the ' Fee Structure of the Southwest Permits
Weld Impact Program Area 2 fired to adhere
15 The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code
16 The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code
17 Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations
18 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
Commissners e ans or ermitted'oAny othe�rchanges shalle such bebe filed nes from hthe ,Development
of ttheDepartment f Planning
p
P
Services
19 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
2002-0042
PL1578
P
Planner:
Case Number:
Applicant:
Representative
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
ZPAG21-0029
Rocky Mountain House Rabbit Rescue
Shelba Hemming
Director Approval
Zoning Permit for certain uses in the A (Agricultural) Zone District, agricultural support
and service (rabbit rescue -retail feed store)
Lot 1,
Block
1,
Ranch Eggs,
Inc, Subdivision, Filing No. Two being a part of Section 34,
T1 N,
R68W
of
the 6th P.M.,
Weld
County,
Co
Location:
East
of and adjacent to County Road 7;
south of and adjacent
to County Road
4
Size of Parcel:
+/- 3.9
acres
Parcel No.
1467-34-2-02-018
The criteria for review of this Special Review Permit is listed in Section 23-4-1200 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Left Hand Water District, referral November 20, 2021
➢ Weld County Department of Public Health and Environment, referral dated November 24, 2021
➢ Weld County Department of Planning Services — Development Review, referral dated November 24,
2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Adams County, referral dated November 24, 2021
➢ Boulder County, referral dated November 23, 2021
➢ City of Northglenn, referral dated December 3, 2021
➢ Mountain View Fire Rescue, referral dated November 23, 2021
➢ Weld County Zoning Compliance, referral dated November 30, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Erie
➢ City of Dacono
➢ City and County of Broomfield
➢ Boulder Valley Conservation District
ZPAG21-0029, Rocky Mountain House Rabbit Rescue
Page 1 of 8
Case Summa
The applicant is requesting a Zoning Permit for an agricultural support and service establishment (rabbit
rescue -retail feed store) The property is owned by the Rocky Mountain House Rabbit Rescue A member
of the rescue will live on site The property will also be used to house the rescued rabbits in addition to the
retail and feed store The number of animal units will not be exceeded this component of the property is a
use by right per Section 23-1-90 the Weld County Code
The site currently contains a 1,276 square foot house and a roughly 10,000 square foot warehouse that is
already commercially permitted There is an existing finished space within the warehouse, this is where the
retail and feed store will be located The rest of the warehouse will be used for the rabbits housing Business
hours for the store are Saturdays only from 10 00 am — 2 00 pm There are eight (8) volunteers who work
the retail store All operations are held inside
The Department of Planning Services' approves the ZPAG for the following reasons
The submitted materials are in compliance with the application requirements of Section 23-4-1220
of the Weld County Code
The proposed request is in compliance with the ZPAG Criteria requirements of Section 23-4-1200
of the Weld County Code Pertinent processing information includes
A Section 23-4-1205 A and B — A Adequate water service in terms of quality, quantity, and
dependability is available to the site to serve the uses permitted B Adequate sewer service is
available to the site to serve the uses permitted
The existing residence is served by a Left Hand Water District (LHWD) Tap (4405 06) which is
for residential use only Per the LHWD referral dated November 30, 2021 the applicant will be
required to submit a Tap Availability Review Request Form and Commercial Supplemental
Form with Left Hand Water District in conjunction with any building permit application to
determine appropriate meter sizing for water service
Per the Environmental Health Referral dated November 24, 2021 the existing On -site
Wastewater Treatment System (OWTS) is permitted for three (3) bedrooms and a commercial
shop (SP -0100439) An evaluation of the existing OWTS was completed by Scott, Cox &
Associates, Inc with a date of November 1, 2021 and due to the difficulty of expanding the
existing OWTS, as it's an engineered designed system known as a Bell-Patt system,
Environmental Health has agreed to allow the use of a Vault
B Section 23-4-1200 A 4 -- The proposed use is compatible with the character of the
neighborhood
The properties primarily around the subject property are large rural residential properties
except for the housing development to the north located in Broomfield County and City Limits
The use of the property will be all within the buildings already on site and due to the limited
amount of traffic and operation hours of the store this will not negatively impact the surrounding
properties
Furthermore, the Weld County Department of Planning Services sent notice to eighteen (18)
surrounding property owners within five hundred (500) feet and did not receive any
correspondence
The proposed request is in compliance with the Operation Standards requirements of Section 23-
4-1210 of the Weld County Code
ZPAG21-0029, Rocky Mountain House Rabbit Rescue
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Department of Planning Services' staff recommendation for approval is conditional upon the following
1 Prior to recording the map
A There is a Use by Special Review Permit USR-1359, Reception # 3418677, a Home
Business (home business to store and warehouse, with occasional pickup/delivery, of trophy
components) in the A (Agricultural) Zone District This USR encompasses the entire subject
property The applicant shall address the continued operation of USR-1359 The applicant
shall have a complete vacation completed prior to recording the Change of Zone map per
Section 24-11-50 of the Weld County Code
B The applicant shall address the requirements of the Left Hand Water District, as stated in the
referral response dated November 20 2021 Written evidence of such shall be submitted to
the Weld County Department of Planning Services
C The Zoning Permit Plan shall be amended to delineate the following
1 All sheets of the plan shall be labeled ZPAG21-0029
2 The attached Development Standards
3 Existing and proposed structures and approximate distances to the nearest property lines
All structures to be used in conjunction with the zoning permit shall meet current setbacks
and offsets
4 Existing and proposed access Access shall comply with the requirements of the Weld
County Code
5 Existing and proposed parking areas, including surface material, number, and dimensions
of spaces and drive aisles Parking shall comply with Article IV, Division 1, of this Chapter
as applicable
6 Existing and proposed landscaping and screening Buffering and/or screening may be
required to mitigate the effects of the zoning permit on adjacent properties Buffering
and/or screening may be accomplished through a combination of berming, landscaping
and fencing
7 Existing and proposed signage All signage shall comply with Article IV, Division 2, of this
Chapter as applicable
8 Other existing and proposed improvements
9 CR 7 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 on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is
maintained by Weld County
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10 CR 4 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 delineate and label on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is
maintained by Weld County
11 Show and label the preliminarily approved access locations, approved access width and
the appropriate turning radii on the site plan The applicant must obtain access permits
for the approved locations prior to construction
12 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
13 Show and label the drainage Clow arrows
14 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property
15 The Zoning Permit Plan shall bear the certifications per Section 23-4-1220 C 7 of the
Weld County Code
16 Building permits are required, per Section 29-3-10 of the Weld County Code Currently,
the following have been adopted by Weld County 2018 International Codes, 2006
International Energy Code, and 2017 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
The applicant shall submit one (1) electronic copy (pdf) of the plan for preliminary approval to the
Weld County Department of Planning Services Upon approval of the plan the applicant shall submit
a Mylar plan along with all other documentation required as Conditions of Approval to the
Department of Planning Services The Mylar plan shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services prior to commencement of the use or
construction The applicant shall pay the recording fee
3 If the required documents have not been recorded within ninety (90) days from the date of approval
or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of
approval, the Director of Planning Services may refer the application to the Board of County
Commissioners, which may revoke the zoning permit following a public hearing The applicant shall
be notified of the public hearing at least ten (10) days prior to the hearing Prior to said hearing, the
Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good
cause shown, upon a written request by the applicant Before this extension has expired, the
applicant may seek a further extension from the Board of County Commissioners by written request
to the Director of Planning If the Board of County Commissioners denies the extension or if the
conditions are not met and the required documents recorded by the date specified by the Board,
the zoning permit approval shall be voided, and the application denied
4 The Zoning Permit for Certain Uses in the Agricultural Zone District 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 Zoning Permit for Certain Uses
in the Agricultural Zone District plan 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
ZPAG21-0029, Rocky Mountain House Rabbit Rescue
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By Date / /7/2
Tom Parka Planning Director
ZPAG21-0029, Rocky Mountain House Rabbit Rescue
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ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
Rocky Mountain House Rabbit Rescue
ZPAG21-0029
A Zoning Permit, ZPAG21-0029, for certain uses in the A (Agricultural) Zone District, agricultural
support and service (rabbit rescue -retail feed store), 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 10 00 a m —2 00 p m Saturday
4 The number of on -site employees (volunteers) shall be eight (8)
5 The parking area on the site shall be maintained
6 All signs shall adhere to Chapter 23, Article IV, Division 2 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 raiise 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, 30-20-
100 5, C R S ) 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, 30-20-100 5, C R S
10 Waste materials shall be handled, stored, and disposed 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 1 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 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times Any On -site WasteWater Treatment System located on the property must
comply with all provisions of the Weld County Code, pertaining to On -site WasteWater Treatment
Systems
13 A permanent, adequate water supply shall be provided for drinking and sanitary purposes
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, Article I and II, of the Weld County Code
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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 acquire
an approved Right -of -Way Use Permit prior to commencement
19 The historical flow patterns and runoff amounts on the site will be maintained
20 Building permits shall be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code A building permit application must be completed and
submitted Currently the following have been adopted by Weld County 2018 International Building
Codes, 2018 International Residential Code, 2018 International Energy Code, 2020 National Electrical
Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit must
be issued prior to the start of construction
21 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
22 The Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations Changes from the plans or Development
Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld
County Planning Services Department before such changes from the plans or Development Standards
are permitted A revised map may be required to be submitted, approved, and recorded
23 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
24 The property owner, operator or successor shall be responsible for acknowledging and complying with
Section 23-4-1240 of the Weld County Code
25 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 Often times, 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
26 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion,
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and the rural atmosphere and way of life Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles
on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
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