HomeMy WebLinkAbout20210737.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0032, FOR ANIMAL BOARDING AND ANIMAL TRAINING
FACILITIES AND COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - MAURO RUIZ
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of
March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Mauro Ruiz, 13291 County Road 20, Fort Lupton, Colorado 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR20-0032, for Animal Boarding
and Animal Training Facilities and Commercial Rodeos and Commercial Roping Arenas 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 Recorded Exemption, RE -3843; being part
of the SW1/4 of Section 17, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
Weld County Comprehensive Plan and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.A states: "Respecting Our Agricultural Heritage.
Weld County has an agricultural heritage built upon the hard work
of pioneers and farms on traditional family farms. Weld County is
now one of the most economically productive agricultural counties
in the nation. The Weld County Right to Farm Statement and the
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Goals and Objectives in [the Comprehensive] Plan support the
importance of agriculture in the County." The proposed Use is an
agricultural activity. Specifically, it is a facility designed for
western -style sports, such as rodeos and roping, activities that are
inherent to the agricultural heritage of Weld County. These activities
have successfully co -existed with and originated from production
agricultural and ranching practices.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "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 supports the proposed USR operation, which hosts
western -style sports, being an agricultural activity that requires both
livestock and large areas of semi -developed land to host the
practices and events.
2) Section 23-3-40.A — Uses by Special Review, includes: "Animal
boarding and animal training facilities where the maximum number
of animal units permitted in Section 23-3-70.D [of the Weld County
Code] is exceeded or traffic to and from the facility exceeds
60 average daily trips." This Code section allows the applicant to
apply for a portion of the subject USR request which involves the
usage of the property for hosting roping practices and trainings and
a transitory, but significant number of animals. It is estimated that
75 persons from the public may access the site on a daily basis for
practices, which may likely exceed 60 daily trips. Additionally,
approximately 25 to 30 horses and/or cattle may be onsite at any
time for boarding or practice use. Visitors of the site will bring
additional horses, adding to the animal units onsite. Additional cattle
will be brought to the arena for events, sometimes in excess of
70 head. The number of horses onsite will depend on the size of
the event. As a result, the number of animals onsite are anticipated,
at times, to exceed the allotted Use by Right animal unit maximum
for this property which is 37.8 animal units, calculated as four (4)
animal units, per acre, of the 9.45 -acre property, per
Section 23-1-90 of the Weld County Code.
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3) Section 23-3-40.E — Uses by Special Review, includes:
"Commercial rodeos and commercial roping arenas." This Code
section allows the applicant to apply for a portion of the subject
USR, which involves the usage of the property for hosting
commercial rodeos and roping events at the existing roping arena
onsite. Similar to the practice and training activities onsite, large
special events are expected to be held throughout the year and are
open to the public. Special events may be organized and held by
the property owners or on a rental basis by third -party, commercial
operators. Per the application materials, an average of 600 people,
including participants and spectators, may visit the site over the
course of a given event day.
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 are
predominately zoned A (Agricultural) and include limited I-3 (Heavy
Industrial) areas to the west. The surrounding land uses consist of
agricultural, industrial, rural residential uses and oil and gas
encumbrances. The closest residence is approximately 1,100 feet
west-northwest of the arena area. The next closest residence is
approximately 1,200 feet northeast of the arena. There are several existing
USRs within one (1) mile of the site, including: USR-1709 for a mineral
resource development facility; MUSR15-0017 for a pump station and tank
facility; 1MJUSR16-04-1459 for a vehicle sales and detailing; USR-1227
for a manufacturing facility; and MUSR11-0002 for a truck parking and
maintenance facility. Weld County Department of Planning Services staff
sent notice to five (5) surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls
were received. Due to the rural nature of the surrounding land uses, the
facility appears to be compatible with the area and should not detract from
other landowners' ability to enjoy or use their properties.
D. Section 23-2-230.6.4 — The uses which would 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 this Code or master plans of affected municipalities. This site
is located within both the City of Fort Lupton and Town of Platteville
Coordinated Planning Agreement boundaries. Both Fort Lupton and
Platteville returned a Notice of Inquiry dated September 9, 2020, and
July 20, 2020, respectively. Platteville indicated that, because the site is
south of County Road 24, they are not interested in annexation. Fort Lupton
indicated that they would like to discuss annexation. The City of Fort Lupton
Future Land Use map, dated October 1, 2020, includes the subject property
within the City's Planning Area and designates it for Agricultural and Rural
Residential use. The proposed USR facility is in line with this designation.
The site is located within the three (3) mile municipal referral radius of the
City of Fort Lupton and Town of Platteville. The City of Fort Lupton did not
return a referral response. Platteville returned a referral response dated
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November 3, 2020, and indicated that the facility is outside the Town's
Planning area; therefore, there were no concerns.
E. Section 23-2-230.6.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
County. The proposed facility is not located within a regulatory floodplain,
Municipal Separate Storm Sewer System (MS4) area, Greeley -Weld
County Airport Overlay District, Geologic Hazard Overlay District or Historic
Townsite Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site does not contain Prime Farmlands. Specifically, the soils are
predominately "Altvan loam," which is classified as "Not prime farmland,"
per the USDA Natural Resources Conservation Service (NRCS) Custom
Soil Report prepared August 13, 2020, and submitted in the application
materials. The proposed USR will not remove any irrigated agricultural land
from production.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
Colorado Division of Water Resources, Weld County Department of Public
Health and Environment, Weld County Department of Public Works and
Weld County Office of Emergency Management referrals provide additional
background and advisory information regarding designing and operating
the site to protect with the interests of the County, public and other
governmental agencies. Additionally, the existing landscaping and
screening, Lighting Plan, and Emergency Action Plan will assist in
mitigating impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mauro Ruiz, for a Site Specific Development Plan and
Use by Special Review Permit, USR20-0032, for Animal Boarding and Animal Training Facilities
and Commercial Rodeos and Commercial Roping Arenas outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated
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November 9, 2020, regarding an adequate water source for the facility.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant has indicated that practices may occur on a daily basis year
round and special events may occur on weekends year round. The
applicant shall submit a plan for obtaining a permanent water (potable,
non -potable, livestock) and sewage disposal source in accordance with
Weld County Environmental Health policy, as detailed in the Development
Standards.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and acceptance. The Lighting Plan shall detail how the
on -site lighting will be downcast and shielded in accordance with the Weld
County lighting standards.
D. An Improvements and Road Maintenance Agreement is required for
triggered off -site improvements at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
travel routes. The Agreement may include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0032.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any existing and proposed
structures, equipment, loading areas, designated spectator areas,
storage areas and any other miscellaneous improvements.
5) The applicant shall show and label the location of any existing
buffering, landscaping, screening, fencing and gates. The applicant
shall include specification details on the USR map, and refer to
Section 23-2-240.A.10 of the Weld County Code.
6) The applicant shall show and label the location of the emergency
and site identification signage. The applicant shall include sign
specification details on the USR map and refer to
Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code. Sign
dimensions shall adhere to the Weld County Sign Code.
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7) The applicant shall show and label the location of the trash
collection areas. The applicant shall include specification details on
the USR map, and refer to Section 23-2-240.A.13 of the Weld
County Code for design criteria.
8) The applicant shall show and label any on -site lighting. All lighting
shall be downcast and shielded so that light rays will not shine
directly onto adjacent properties. The applicant shall include lighting
specification details on the USR map, and refer to
Section 23-2-250.D of the Weld County Code for design criteria.
9) The applicant shall show and label the on -site parking with surface
type and identify any specific areas for participants, spectators,
vendors, private use, et cetera. Refer to Chapter 23, Article IV,
Division 1 of the Weld County Code for design criteria.
Section 23-4-30.C of the Weld County Code, states, in part:
"Off-street parking spaces including access drives shall be surfaced
with gravel, asphalt, concrete or equivalent and shall be graded to
prevent drainage problems. Parking lot surfaces shall be consistent
with the surrounding development..." Planning staff recommends
that the parking area be surfaced with gravel or crushed asphalt to
reduce soil erosion, in lieu of paving or poured concrete. Given the
variety of vehicle and trailer types that will be parked on the
property, no formal parking stalls are required to be delineated.
However, the map shall delineate all drive aisles, general areas for
truck/trailer parking and a separate area for passenger vehicle
parking. There shall be adequate parking spaces to account for the
maximum number of on -site persons at any given time.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-70.E of the Weld County
Code.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number and recording date.
12) The applicant shall show and label the County Road (CR) 20 and
U.S. Highway 85 intersection, in accordance with the
U.S. Highway 85 Planning and Environmental Linkage (PEL)
Study, which proposes that this intersection be converted to
right-in/right-out in the future (i.e. only northbound traffic on
U.S. Highway 85 can exit onto CR 20 and CR 20 traffic can only
exit onto U.S. Highway 85 North).
13) County Road 20 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
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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.
14) The applicant shall show and label the approved permitted access
locations, approved access width and the appropriate turning radii
on the site plan.
15) The applicant shall show and label the approved tracking control on
the site plan.
16) 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.
17) The applicant shall show and label the drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Fort Lupton Fire
Protection District. The plan shall be reviewed on an annual basis by the,
Facility operator, the Fire District, and the Weld County Office of
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Emergency Management. The applicant shall submit evidence of
acceptance to the Weld County Department of Planning Services.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��d l xL;„k,
Weld County Clerk to the Board
Deputy Clerk to the Board
APPR• D A
unty Attorney
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MAURO RUIZ
USR20-0032
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0032,
is for Animal Boarding and Animal Training Facilities and Commercial Rodeos
and Commercial Roping Arenas 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 practices and training are 11:00 a.m. to 10:00 p.m., seven (7)
days per week, year round.
4. The hours of operation for special events are 7:00 a.m. to 10:00 p.m., on Saturdays and
Sundays only, year round.
5. The number of practice and training attendees, including participants and spectators, not
including property owners and volunteers, shall be limited to 75 at any given time.
6. The number of special event attendees, including participants, spectators and vendors not
including property owners and volunteers, shall be limited to 250 at any given time, not to
exceed 600, per day.
7. The maximum number of on -site animal units, including horses and cattle, shall be limited
to 50 at any given time, excluding special events.
8. The maximum number of on -site animal units, including horses and cattle, shall be limited
to 150 at any given time, during special events.
9. The internal site layout and any area of the property open to the public, including, but not
limited to, the arena, restrooms, parking area, shall be maintained and orderly.
10. The existing landscaping and screening shall be maintained.
11. Volunteers and parking management staff shall be present during all special events, per
the application materials.
12. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
13. The operator shall maintain compliance with the accepted Lighting Plan.
14. 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
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streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
15. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives of the Fire District and the Weld County Office of Emergency Management
to the Department of Planning Services.
16. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized.
17. 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.
18. 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.
19. 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.
20. 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.
21. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
22. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility at all times. Prior to obtaining a permanent commercial water source
and commercial On -site Wastewater Treatment System (OTWS), the property owner may
conduct the operation on a temporary basis for a time period of six (6) months or less per
year, in which case, bottled water and portable toilets shall be provided. 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 public view.
23. Permanent sewage disposal for the facility shall be by an On -site Wastewater Treatment
System (OWTS). Any system located on the property must comply with all provisions of
the Weld County Code, pertaining to OWTS. A permanent, adequate water supply shall
be provided for drinking and sanitary purposes. The well permitted as #312836 cannot be
used unless it is re -permitted for Commercial Use.
24. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
29. 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.
30. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
31. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
32. The historical flow patterns and runoff amounts on the site will be maintained.
33. Weld County is not responsible for the maintenance of on -site drainage related features.
34. Building Permits shall be required for any new construction (buildings and/or structures),
per Section 29-3-10 of the Weld County Code. A Building Permit application must be
completed and submitted. Buildings and structures shall conform to the requirements of
Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County:
2018 International Building Codes, 2006 International Energy Conservation Code,
2017 National Electrical Code.
35. A complete code analysis prepared by a registered design professional is required and
shall be submitted with all Commercial Building Permit Applications to Weld County. A
Floor Plan shall be submitted showing room dimensions, room uses, along with details
showing compliance with Accessibility requirements and currently adopted building codes.
36. All new Commercial Building projects require Fire District notification (letter or email form).
Proof shall be submitted with Commercial Permit applications. Final Fire District approval
is also required prior to issuing a Certificate of Occupancy.
37. 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.
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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 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. 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.
41. 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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