HomeMy WebLinkAbout20221342.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDED
USE BY SPECIAL REVIEW PERMIT, 2MJUSR22-17-0003, FOR AN OFFICE AND
STORAGE FACILITY FOR A SEED DEALERSHIP, INDOOR AND OUTDOOR
STORAGE OF RVS, BOATS, CONSTRUCTION EQUIPMENT, COMMERCIAL
VEHICLES, TRAILERS, AND SEMI -TRUCKS, EIGHT (8) PARKING SPOTS FOR
RENTAL EQUIPMENT, TO INCLUDE THE ADDITION OF A SHOP, FERTILIZER
STORAGE AND SALES, THREE (3) 500=GALLON ABOVE GROUND FUEL TANKS,
AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION
23-3-30 OF THE WELD COUNTY CODE (UP TO SIX (6) CARGO CONTAINERS
PROPOSED) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, 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 18th day of
May, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of George L. Sandberg Irrevocable Trust, Attn: Jennifer Winter and Michelle Fried,
c/o Winter Seed and Ag Services, LLC, 17215 County Road 46, LaSalle, Colorado 80645, for a
Site Specific Development Plan and Second Major Amended Use by Special Review Permit,
2MJUSR22-17-0003, for an office and storage facility for a seed dealership, indoor and outdoor
storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi -trucks,
eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage
and sales, three (3) 500 -gallon above ground fuel tanks, and more than the number of cargo
containers allowed by Section 23-3-30 of the Weld County Code (up to six (6) cargo containers
proposed) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot A of Lot Line Adjustment, LLA22-0004; being
part of the SW1/4 of Section 12, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Jeff Winter,
Winter Seed and Ag Services, LLC, 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.
cc'. PLtrP/MN/vA) CA(85) APPL •
9/13/22
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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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 22-2-40.A states: "Support compatible economic
development opportunities." This site is in a Weld County
Opportunity Zone and although it is not a Change of Zone it
is a commercial use and, therefore, the location of these
businesses is consistent with the Comprehensive Plan's
intent to place commercial businesses within one-half mile
of highways.
2) Section 22-2-40.A.5 states: "Encourage agglomeration
economies of synergistic businesses." The original USR
and the first amendment approved an RV storage facility
(Big Bend Boat and RV Storage), a seed business (Winter
Seed and Ag Services, LLC), a U -Haul type rental business,
and Mosquito Joes (MoJo). This second amendment is to
add fertilizer storage and sales, which supports the
agricultural seed business, and also addresses the increase
in the property size by four (4) acres. The location of the
seed distribution business and the fertilizer sales on the
same property is a successful agglomeration of synergistic
businesses.
3) 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 applicant has submitted a Lot Line Adjustment
to add the four (4) acres to the current seven (7) acres. The
four (4) acres will encompass the new improvements for the
fertilizer storage and sales. The fertilizer storage and sales
will consist of a 60' x 130' building, three (3) 500 -gallon
above -ground fuel tanks that will contain diesel, gasoline,
and dyed off road diesel, six (6) cargo containers, and
multiple fertilizer storage tanks.
This amendment is requesting to add two (2) full-time
employees and two (2) part-time employees. The new shop
will add 7,800 square feet of building footprint. Since the
number of employees and the square footage of buildings
has increased, staff is requesting an additional nine (9)
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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parking spaces be added to the site for a total of 17 parking
spaces, including the two (2) ADA parking spaces.
The hours of operation for the RV storage facility, Winter
Seed and Ag Services, LLC, and the fertilizer storage and
sales are proposed to be changed to 24 hours a day / 7 days
a week. The hours of operation for Mosquito Joe of Northern
Colorado and the rental equipment business are 6:00 a.m.
to 8:00 p.m., 7 days a week. The seed dealership is open
eight (8) weeks in the spring, from April 1st to May 31st, and
Mosquito Joe operates from April to October. The other
times of the year the seed dealership and Mosquito Joe will
not have regular office hours.
3) Section 22-2-10.C states: "Harmonize development with
surrounding land uses," and Section 23-2-10.C.1 states:
"Transition between land use types and intensities with
buffers. Uses that are incompatible with existing uses must
be able to mitigate conflicts." The existing RV storage facility
is surrounded by a six (6) -foot chain link fence and, in order
to discourage theft, there are no slats in the fence. The
original application materials stated some native grasses
and possibly some evergreen trees were going to be planted
around the perimeter of the site and the detention pond.
Currently, there is no landscaping on the site. The applicant
is proposing a ten (10) -foot wide washed -rock strip located
north of and adjacent to County Road 46 between the
businesses and the road as landscaping. Staff is requesting
a Screening Plan for this facility.
The current structures on the site include: a 40' x 240'
three -sided RV storage building and a 4,160 -square -foot
building that has a 960 -square -foot office area and a
3,200 -square -foot warehouse space. The future buildings
proposed for the site include: one (1) 32' x 20' office
addition, one (1) 40' x 230' three -sided building, one (1)
50' x 275' building, one (1) 40' x 240' building, and one (1)
40' x 200' building. Except for the office addition all these
buildings are slated for storage of either RVs or seeds.
Since only two (2) of the seven (7) buildings have been built,
there is room on the site for about 200 spaces for the
outdoor storage of RVs. This major amendment will add a
7,800 -square -foot shop, three (3) 500 -gallon above -ground
fuel tanks, six (6) cargo containers, and multiple fertilizer
storage tanks.
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
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The access point will be moved a little bit to the east, and a
second stormwater detention area will be built on the newly
added four (4) acres. Except for the change in the hours of
operation, there will be no expansion to Big Bend Boat and
RV Storage, Winter Seed and Ag Services, LLC, Mosquito
Joe, or the equipment rental business.
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."
In 2017, the original USR was approved under
Section 23-3-40.S, which allowed for uses such as RV and
boat storage to be placed in the A (Agricultural) Zone. A
seed dealership was also approved with the original USR.
The Minor Amendment, 1 MUSR19-17-0003, was approved
by staff in 2019, and added Mosquito Joe and an equipment
rental business. Mosquito Joe is sharing office space with
the seed dealership company and requested to park two (2)
commercial vehicles in the storage yard. Mosquito Joe has
increased the number of commercial vehicles on the site to
16 and the applicant has stated that 12 of those vehicles will
be stored inside the new 7,800 -square -foot shop and the
other four (4) vehicles will be parked outside. The seed
dealership and the fertilizer storage and sales businesses
will have five (5) trucks and three (3) spray rigs, which will
be parked in the new shop or seed warehouse when not in
use, and during the busy season these vehicles will be
parked outside. The equipment rental business includes the
renting of U -Haul type moving trucks, moving and utility
trailers, and mobile storage containers; however, as of
April 2022, this business has not yet been established. The
current uses on the site include an office and storage facility
for Winter Seed and Ag Services, LLC, Big Bend Boat and
RV Storage, and Mosquito Joe.
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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This Major Amendment is a request to add fertilizer storage
and sales. Fertilizer retail, wholesale and service
establishments are listed in the Weld County Code in the
definitions of Section 23-1-90, under Agricultural Support
and Service. This use is consistent with the intent of the
A (Agricultural) Zone District.
2) Section 23-3-35.A — Agricultural support and service is allowed in
the A (Agricultural) Zone District, per a Zoning Permit (ZPAG);
however, since this is currently a USR and the boundary of the USR
is increasing by about four (4) acres, per LLA22-0004, this request
is considered a major amendment to an existing USR.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist
primarily of pastures, crops and rural residences. The Union Pacific
Railway (UPRR) is on the north and west boundary and there is a dairy
south of the site (SUP -31). The closest residence is located on the same
parcel as the dairy and is approximately 125 feet south of the subject
property.
There are eight (8) USRs within one (1) mile of the site. Three (3) of the
eight (8) USRs are located west of U.S. Highway 85, with the site located
east of U.S. Highway 85. USR11-0010, for an oil and gas support and
service facility, USR13-0012, for agricultural services, and USR-1053, for
seed production are all located northwest of the site on the west side of
U.S. Highway 85. USR17-0050, for a greater than 12 -inch high-pressure
natural gas pipeline is located west of U.S. Highway 85 and travels under
the Highway just south of the site. USR11-0016, is a 12 -inch natural gas
pipeline and it crosses the subject property along the north/west boundary
adjacent to the Union Pacific railway, there is an easement on the subject
property for this pipeline. USR-31, for a dairy is located south of and
adjacent to the site. MUSR12-0004, for onion storage a processing, and
USR18-0092, for vehicle repair and service are located south of the site
along County Road 44.
Eight (8) surrounding property owners (SPO) within 500 feet were notified
of the requested amendment and the Department of Planning Services has
not received any comments, electronic mail or telephone calls regarding
the proposed modifications.
The proposed use is in an area that can support this development and 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.
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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D. Section 23-2-230.6.4 — 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 Coordinated Planning Agreement Area (CPA)
of the Town of LaSalle and the City of Evans. As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI). The Town
of LaSalle submitted a NOI, dated January 18, 2022, and the City of Evans
submitted a NOI, dated January 27, 2022, both stated that they have no
interest in annexing the property.
The site is located within the three (3) mile referral area of the Towns of
LaSalle and Gilcrest and the City of Evans. None of the municipalities
responded with referral agency comments.
The Comprehensive Plan Map for the Town of LaSalle shows the site as
possibly a switching station location.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsite Overlay District, or the Agricultural Heritage Overlay District
boundary.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
The facility is primarily designated as "Prime farmland if irrigated" with low
slope, Olney sandy loam soils. There is a small portion of "Farmland of
statewide importance" located in the southwest corner of the site with low
slope, Vona sandy loam soils, per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report, prepared February 4,
2022. Similar findings are presented in the West Greeley Conservation
District referral, dated February 14, 2022. The four (4) acres that will be
added to the existing RV facility are "Prime farmland if irrigated." The
existing uses on the property have been there since 2017, and the four (4)
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
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acres that will be added are not on "Prime Farmland" so this amendment
will not remove any irrigated agricultural land from production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of George L. Sandberg Irrevocable Trust, c/o Winter Seed
and Ag Services, LLC, for a Site Specific Development Plan and Second Major Amended Use by
Special Review Permit, 2MJUSR22-17-0003, for an office and storage facility for a seed
dealership, indoor and outdoor storage of RVs, boats, construction equipment, commercial
vehicles, trailers, and semi -trucks, eight (8) parking spots for rental equipment, to include the
addition of a shop, fertilizer storage and sales, three (3) 500 -gallon above ground fuel tanks, and
more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
(up to six (6) cargo containers proposed) 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 attempt to address the requirements of the Central
Weld County Water District, as stated in the referral response dated
February 17, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. A Screening Plan shall be submitted to, and approved by, the Department
of Planning Services that screens the site from the surrounding property
owners and rights -of -way.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR22-17-0003.
2) The attached Development Standards.
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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3) The map shall be prepared, per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label 17 parking spaces, including the
two (2) ADA parking spaces.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
6) County Road 46 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.
7) Lot A borders the Union Pacific Railroad right-of-way. The applicant
shall show the Union Pacific Railroad right-of-way on the plat.
8) The applicant shall show and label the proposed access location,
acceptable access width, and the appropriate turning radii on the
site plan. The applicant shall also label the existing access location
as "close and reclaim."
9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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.
11) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the Major
Amendment to this Use by Special Review 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
5. Prior to Certificate of Occupancy:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations.
6. Prior to Operation:
A. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response dated March 3,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
7 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
or 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.
2022-1342
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SPECIAL REVIEW PERMIT (2MJUSR22-17-0003) - GEORGE L. SANDBERG IRREVOCABLE
TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELOUNT , COLORADO
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Weld County Clerk to the Board
Deputy Clerk to the Boa
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Date of signature: 4113/ZZ
ScoK. James, Chair
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Steve Moreno
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2022-1342
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GEORGE L. SANDBERG IRREVOCABLE TRUST,
C/O WINTER SEED AND AG SERVICES, LLC
2MJUSR22-17-0003
1 A Site Specific Development Plan and Second Major Amended Use by Special Review
Permit, 2MJUSR22-17-0003, is for an office and storage facility for a seed dealership,
indoor and outdoor storage of RVs, boats, construction equipment, commercial vehicles,
trailers, and semi -trucks, eight (8) parking spots for rental equipment, to include the
addition of a shop, fertilizer storage and sales, three (3) 500 -gallon above ground fuel
tanks, and more than the number of cargo containers allowed by Section 23-3-30 of the
Weld County Code (up to six (6) cargo containers proposed) 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 for Big Bend Boat and RV Storage, the Winter Seed and
Ag Services, LLC, and the fertilizer storage and sales shall be 24 hours a day / 7 days a
week.
4. The hours of operation for Mosquito Joe of Northern Colorado and the rental equipment
business, shall be 6:00 a.m. to 8:00 p.m., 7 days a week.
5. The owners shall be the employees for Big Bend Boat and RV Storage and Winter Seed
and Ag Services, LLC. There may be up to three (3) full-time employees and up to
12 part-time employees for Mosquito Joe of Northern Colorado, and there may be up to
two (2) full-time employees and up to two (2) part-time employees for the fertilizer storage
and sale business.
6. Mosquito Joe of Northern Colorado shall have up to 16 commercial vehicles.
7. Winter Seed and Ag Services, LLC, and the fertilizer storage and sales business shall
have five (5) trucks and three (3) spray rigs for a total of eight (8) commercial vehicles.
8. The existing and proposed screening on the site shall be maintained in accordance with
the approved Screening Plan.
9. The parking area on the site shall be maintained.
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
11. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
12. No hazardous materials shall be stored onsite.
13. The property owner or operator shall provide written evidence of an approved Emergency
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DEVELOPMENT STANDARDS (2MJUSR22-17-0003) - GEORGE L. SANDBERG
IRREVOCABLE TRUST, C/O WINTER SEED AND AG SERVICES, LLC
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Action and Safety Plan on or before March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
14. 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.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
19. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
23. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
24. 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.
25. 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.
26. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
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DEVELOPMENT STANDARDS (2MJUSR22-17-0003) - GEORGE L. SANDBERG
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for drinking and sanitary purposes.
28. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
29. Any additional hydraulic load to any existing OWTS will require an evaluation from a
Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted
to the Weld County Department of Public Health and Environment. In the event the system
is found to be inadequate, the system must be brought into compliance with current OWTS
Regulations.
30. Portable toilets and bottled water are acceptable for ten (10) or less customers or visitors
per day and/or two (2) or less full-time (40 -hour week) employees onsite. 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,
contain hand sanitizers, and be screened from existing, adjacent residential properties
and public rights -of -way.
31. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
32. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges from Surface Cosmetic Power Washing Operations to Land July 2010", as
provided by the state.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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, 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.
35. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2018 International Energy Code, and 2020 National Electrical Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. Necessary personnel from the Weld County Departments of Planning Services, Public
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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.
38. 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.
39. 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.
40. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date 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.
41. 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.
42. 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.
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43. 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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