HomeMy WebLinkAbout20194969.tiffRESOLUTION
RE: A MAJOR AMENDMENT, 1MJUSR19-11-1737, TO A SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT USR-1737 FOR A BUSINESS
PERMITTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL
ZONE DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES,
FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES OF A FEE OF CONTRACT
BASIS, INCLUDING: FARM EQUIPMENT SALES, REPAIR AND INSTALLATION
FACILITIES, AND ONE (1) ADDITIONAL SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD
COUNTY CODE TO ADD A 24 SQUARE -FOOT FENCE -MOUNTED SIGN THAT
EXCEEDS THE WELD COUNTY SIGN CODE BULK REQUIREMENTS, AND USES
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP
AND OUTDOOR STORAGE FACILITY INCLUDING RVS, BOATS, TRAILERS,
VEHICLES, CONTAINERS, ETC.), PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - TROY AND JUDY
HEFNER
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
December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Troy and Judy Hefner, 370 CR 16.5, Longmont, Colorado 80504, for a
Major Amendment, 1MJUSR19-11-1737, to a Site Specific Development Plan and Use By Special
Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto
storage and repair) and agricultural service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services of a fee of contract basis, including: farm
equipment sales, repair and installation facilities, and one (1) additional Single -Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code to add
a 24 square -foot fence -mounted sign that exceeds the Weld County Sign Code bulk requirements,
and Uses permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop and outdoor storage facility including
RVs, boats, trailers, vehicles, containers, etc.), provided that the property is not a Lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
E1/2 W1/2 SE1/4 SW1/4 of Section 23, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
cc: PLCMHfTP), PWCNa/OCn.),
Co. C ex-) ,G.PPL
031051
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WHEREAS, at said hearing, the applicants were present, and
WHEREAS, the application for Major Amendment, 1MJUSR19-11-1737, was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region. "The proposed amended USR is located
on a parcel that already contains existing commercial operations
and is in an area that contains numerous other Commercial and
Industrial Uses. Productive agricultural activities are not readily
supported on this parcel because of the small lot size. The
proposed business is compatible with the existing land uses and
aligns with the overall development of southern Weld County and
the Interstate -25 corridor. This property is located 0.3 miles east of
the east Interstate -25 frontage road, which provides convenient and
direct connection to regional transportation networks.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Central Weld County Water
District (CWCWD), account # 003016-01, provides water to the
residences and metal building. The CWCWD referral, dated
August 19, 2019, requires a water study to determine if the existing
tap is adequate to serve the property and uses, if adequate fire flow
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is available and if backflow prevention requirements will change.
The site contains three (3) septic systems, SP -9900524 for the
northern residence, G-19889009 for the southern residence, both
sized for three (3) bedrooms, and SP -1100033 for the metal
commercial building, which is sized for eight (8) employees and up
to twenty (20) customers. Bottled water and portable toilets will be
provided for the storage facility customers. Mountain View Fire
Rescue will serve this site. The Fire Rescue referral dated August
7, 2019, provided information and requirements to protect the
health, safety and welfare of the site users and general public.
There is currently adequate water supply in the road to provide fire
protection for the storage facility, provided that fire hydrants are
installed. However, there is not enough water supply for the
buildings on the property. Any change of occupancy classification
will trigger the need for alternative fire protection methods.
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, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right."
As of July 24, 2019, the date of complete application submittal, this
code section allows the applicant to apply for a Use by Special
Review permit for the subject business, which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.S — Uses by special review allows: "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial zone districts, provided that
the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions." As of July 24, 2019, the date
of complete application submittal, this code section allows the
applicant to apply for a USR for a miscellaneous
commercial/industrial operation because the site is not located
within a subdivision or historic townsite, this code section allows the
applicant to apply for the contractor shop and outdoor storage
facility.
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 of
farmland, rural residences, and commercial/industrial operations. There
are six (6) parcels immediately adjacent to the site; one (1) with a
residence. The applicant owns four (4) other contiguous parcels of land.
There are numerous Use by Special Review permits and Site Plan Review
permits within one (1) mile of this site, concentrated in the Althen-Boyer
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Subdivision, on the east side of Interstate -25. Permits include commercial
junkyard and salvage yards, outdoor storage facilities, woodworking and
manufacturing businesses, equipment and trailer rental and sales, and
vehicle repair. This area of the County is rapidly developing with
commercial and industrial operations and the subject USR is compatible
and integrated with the existing businesses. There are additional USRs on
the west side of Interstate -25. The northern portion of the parcel is split by
the Bull Canal - Lateral #3, owned and operated by the Farmer's Reservoir
and Irrigation Company (FRICO). Approximately 1.2 acres of the 10 -acre
site is located to the north of the ditch. No storage or commercial operations
are permitted to be located on the north side of the Bull Canal. This ditch is
described, per the Quit -Claim Deed dated December 27, 1915, which
conveys the ditch right-of-way to FRICO. This deed severs the parcel into
two (2) pieces and is further addressed as a Condition of Approval. The
FRICO referral dated August 21, 2019, requests the applicant submit a
Project Review Application to discuss maintenance, drainage,
construction, waste disposal, stormwater detention, seepage, etc. The
Weld County Department of Planning Services sent notice to six (6)
surrounding property owners within 500 feet of the proposed USR
boundary. No responses were received. One (1) phone call was in support
of the USR.
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. Although this site is not expressly zoned for commercial
uses, the existing and proposed use of the site is consistent with the zoning
of the surrounding unincorporated Weld County parcels, which are zoned
C-3 (Regional Commercial). This site is bordered by unincorporated Weld
County on the west, specifically the Althen-Boyer Commercial Subdivision.
The site is surrounded on the north, east and south by the City and County
of Broomfield. The site located within the three (3) mile referral radius of
the City of Dacono, Town of Erie, City of Northglenn, City of Thornton,
Adams County, and City and County of Broomfield. The Broomfield
Planning referral, dated August 13, 2019, provided advisory comments on
nearby land uses. The area surrounding the subject site and located within
Broomfield limits is identified as Mixed -Use Commercial This proposal
aligns with this designation. The importance of screening was also stated.
The Broomfield Traffic referral, dated August 26, 2019, states that no
access improvements or permits are required if there is no change in the
size or location of the existing access. Erie and Northglenn both returned
referral responses dated July 31, and August 5, 2019, respectively, and
indicated no concerns. The site is not located within a Coordinated
Planning Agreement (CPA) boundary or Urban Growth Boundary (UGB) of
a municipality or a Regional Urbanization Area (RUA).
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E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is located within
the Geologic Hazard Overlay District; however, the Colorado Geological
Survey referral, dated August 12, 2019, states the property has a low
subsidence hazard and does not have any objection to this request. USR
map items and Development Standards address compliance with this
Overlay District. The property is not located within the A -P (Airport) Overlay
District, Special Flood Hazard Area or MS4 area. 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 is designated as "Prime (Irrigated) - Farmlands of National
Importance," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The proposed USR will not remove any agricultural
land from production as the site is already developed and encumbered by
a USR for commercial operations. Additionally, the small lot size is not
suitable for agricultural 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 Weld
County departments of Public Health and Environment and Public Works
referrals, dated August 13 and August 21, 2019, provide additional
background and advisory information regarding designing and operating
the site in conformance with the interests of the County, public and other
governmental agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Troy and Judy Hefner, for a Major Amendment,
1MJUSR19-11-1737, to a Site Specific Development Plan and Use By Special Review Permit
USR-1737 for a business permitted as a Use by Right or an Accessory Use in the Commercial
Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair)
and agricultural service establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services of a fee of contract basis, including: farm equipment sales,
repair and installation facilities, and one (1) additional Single -Family Dwelling Unit per lot other
than those permitted under Section 23-3-20.A of the Weld County Code to add a 24 square -foot
fence -mounted sign that exceeds the Weld County Sign Code bulk requirements, and Uses
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (contractor shop and outdoor storage facility including RVs, boats,
trailers, vehicles, containers, etc.), provided that the property is not a Lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Plan to the
Department of Planning Services for review and approval. The Plan shall
detail existing and proposed fencing, landscaping, and irrigation.
B. The applicant shall submit a Property Maintenance Plan to the Department
of Planning Services for review and approval. The Plan shall detail debris
control and trash removal methods.
C. The subject parcel is split by the Bull Canal - Lateral # 3, which is deeded
right-of-way. The applicant shall record separate deeds for each portion of
the subject parcel located on either side of the Canal. The Bull Canal
right-of-way shall be excluded from both deeds.
D. The applicant is proposing a shared access for the subject parcel across
Lot 7 of Althen-Boyer CUD 2nd Filing. The applicant shall submit to the
Weld County Department of Planning Services a recorded copy of an
easement signed by all the owners of the property crossed by the access.
The access shall be for ingress and egress and shall be referenced on the
map by the Weld County Clerk and Recorder's reception number and
recording date.
E. The applicant shall demonstrate that an adequate water source is in place
for the proposed uses and shall submit a Water Study to the Central Weld
County Water District. The applicant shall address the requirements of the
Central Weld County Water District, as stated in the referral response dated
August 19, 2019. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
F. The applicant shall address the requirements of the Mountain View Fire
Rescue, as stated in the referral response dated August 7, 2019. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
G. The applicant shall attempt to address the requirements of Farmers
Reservoir and Irrigation Company (FRICO), as stated in the referral
response dated August 21, 2019. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
H. If stormwater is piped under the Bull Canal, the applicant shall submit proof
of a recorded license agreement to allow for the construction, maintenance,
and use of the proposed detention pond.
I. The applicant shall address the requirements of Weld County Building
Department, regarding the existing commercial building, as stated in the
referral response dated November 12, 2019.
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J. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required. Permission may be required from FRICO to cross the irrigation
canal or drain into the ditch.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1 MJUSR19-11-1737.
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 the location of the outdoor
storage facility, including the layout of the storage spaces and drive
aisles.
5) The applicant shall show and label the location of existing buildings
and other improvements.
6) The applicant shall show and label the parking for the metal
commercial building.
7) The map shall designate parking along the eastern solid fence for
low profile vehicles no taller than six (6) feet high.
8) The applicant shall show and label the vegetative screening,
fencing and gates, as detailed in the Landscape and Screening
Plan.
9) The applicant shall show and label the location of the Mountain
View Fire Rescue fire hydrant(s) or other approved fire protection
installations.
10) The applicant shall show and label the location of the Central Weld
County Water District meter and any associated water line
easement.
11) The applicant shall show and label the extent of the Geologic
Hazard Overlay District on the site plan.
12) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
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13) The applicant shall show and label the location of the proposed and
existing lighting. All lighting shall be downcast and shielded so that
light rays will not shine directly onto adjacent properties.
14) The applicant shall show and label the location of the signage
including the twenty-four (24) square -foot sign approved by this
USR. Signs shall adhere to Chapter 23, Article IV, Division 2,
Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
15) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number, including the proposed access easement through Lot 7 of
Althen-Boyer for the benefit of the subject USR parcel.
16) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
17) This portion of County Road 6 is under the jurisdiction of the City
and County of Broomfield. The applicant shall contact the
municipality to verify the future and existing right-of-way. The
applicant shall show and label the right-of-way. The applicant shall
show the approved access(es) on the site plan and label with the
approved access permit number, if applicable.
18) 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.
19) 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.
20) The applicant shall show and label the drainage flow arrows.
21) 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
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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 one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (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 Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be obtained.
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 18th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Gjr��W/ �� •aGlso��
Weld County Clerk to the Board
BY: / V
vt4
eputy Clerk to the Board
APPD A
ounty A orney
Date of signature: 01/15/2-O
jou
arbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TROY AND JUDY HEFNER
1 MJUSRI9-11-1737
1. The Major Amendment, 1 MJUSR19-11-1737, is for Site Specific Development Plan and
Use By Special Review Permit USR-1737 for a business permitted as a Use by Right or
an Accessory Use in the Commercial Zone District (storage of commercial equipment and
vehicles, fabrication, auto storage and repair) and agricultural service establishments
primarily engaged in performing agricultural, animal husbandry, or horticultural services of
a fee of contract basis, including: farm equipment sales, repair and installation facilities,
and one (1) additional Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code to add a 24 square -foot fence -mounted sign
that exceeds the Weld County Sign Code bulk requirements, and Uses permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (contractor shop and outdoor storage facility including RVs, boats, trailers,
vehicles, containers, etc.), provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions 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 total number of on -site employees shall be eight (8), as stated in the application
materials.
4. The hours of operation of the storage facility are 24 hours per day, 7 days per week.
5. The hours of operation of any business located in the metal commercial building is
7:00 a.m. to 7:00 p.m., seven (7) days per week.
6. A maximum of two (2) businesses may lease and be located in the metal commercial
building at any given time.
7. The existing and proposed landscape and screening shall be maintained, in accordance
with the approved Landscape and Screening Plan.
8. The outdoor storage area, employee/customer parking area, and trash enclosure shall be
maintained, in accordance with the approved Property Maintenance Plan.
9. All vehicles located within the storage area must be operational with current license plates
and tags. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code,
shall be stored on the site.
10. The approved twenty-four (24) square foot fence -mounted sign shall not be expanded.
11. All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code.
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12. The subject property is in the Geological Hazard Overlay District with low subsidence risk.
All construction or improvements occurring in a geological hazard area, as delineated by
the Colorado Geological Survey shall comply with the Overlay District requirements of
Chapter 23, Article V, Division 2 of the Weld County Code.
13. 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.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. 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.
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
18. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
19. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
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. The facility
shall be operated in accordance with the approved Dust Abatement Plan.
21. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
22. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
23. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. For ten (10) or less customers per day or employees or contractors
on site for less than two (2) consecutive hours a day, and two (2) or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
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contain hand sanitizers and be screened from existing, adjacent residential properties and
public rights -of -way.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
27. Building permits may 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. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 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.
28. 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.
29. 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.
30. 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.
31. 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
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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 persons 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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