HomeMy WebLinkAbout20181394.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0001, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SALE OF CONSTRUCTION EQUIPMENT,
MISCELLANEOUS EQUIPMENT AND TRUCKS AND TRAILERS, VEHICLE
MODIFICATION AND DISMANTLING OF WRECKED VEHICLES AND SALE AND/OR
RECYCLING OF DISMANTLED VEHICLE PARTS) 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 -
WETCO FARMS, INC., C/O BRETT BLOOM
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 9th day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, CO 80631, do Brett Bloom,
3202 Barclay Court, Evans, CO 80620, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0001, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (sale of construction equipment,
miscellaneous equipment and trucks and trailers, vehicle modification and dismantling of wrecked
vehicles and sale and/or recycling of dismantled vehicle parts) 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, on the following described
real estate, being more particularly described as follows:
W1/2 and part of the E1/2 of Section 4, Township 4
North, Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
deemed it appropriate to continue the matter to August 8, 2018, at 9:00 a.m., to allow the applicant
adequate time to address the following issues: dust abatement, negotiate an agreement with the
ditch company, demonstrate an adequate water supply, provide more evidence from CDOT
regarding the access points, and to work with the neighbors, and
WHEREAS, on August 8, 2018, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant and, having been fully informed, deemed
it appropriate to grant the request of the applicant's attorney to continue the matter to October 17,
2018, at 10:00 a.m., to allow the applicant additional time to continue to negotiate a crossing
agreement, and
WHEREAS, on October 17, 2018, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant and, having been fully informed, deemed
it appropriate to grant the request of the applicant's attorney to continue the matter to January 30,
2019, at 10:00 a.m., to allow the applicant additional time to negotiate a crossing agreement, and
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WHEREAS, on February 11, 2019, the Board heard all of the testimony and statements
of those present and reviewed the request of the applicant and, having been fully informed, finds
that this request be approved and the matter should be continued to March 6, 2019, at 10:00 a.m.,
to allow WETCO Farms, Inc., c/o Brett Bloom, adequate time to have a full quorum to hear the
case.
WHEREAS, on March 6, 2019, at said hearing, the applicant was present and represented
by Attorney William Hughes, of Winters, Hellerich and Hughes, LLC, 5401 W. 10th St., Suite 201,
Greeley, CO 80634, 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 unfavorable
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.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-20.B.2 (A.Policy 2.2) of the Weld County Code states:
"Allow commercial and industrial uses, which are directly related to
or dependent upon agriculture, to locate within agricultural areas
when the impact to surrounding properties is minimal or mitigated
and where adequate services and infrastructure are currently
available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that
minimize the removal of agricultural land from production." The
business works on Agricultural related (as well as other) equipment.
The proposed USR will be located on the areas of the existing
property that are located outside of the existing irrigated cropland
areas of the parcel.
2) 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 business will be
located on areas of an irrigated agricultural parcel that are not in
production. The application indicates there will be no outdoor
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storage associated with the shop building. The proposed use is in
an area that can support this development and the existing
screening, the Development Standards, and the Conditions of
Approval (including limiting hours of operation, a screening plan,
no outside storage) will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S of the Weld County Code provides for any Use
permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (equipment
and truck and trailer sales, vehicle modification, dismantling of
wrecked vehicles and sale and/or recycling of dismantled vehicle
parts) 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 an regulations controlling subdivisions as a Use by
Special Review in the A(Agricultural) Zone District.
2) 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."
The proposed use is in an area that can support this development
and the existing screening, the Development Standards, and the
Conditions of Approval (including limiting hours of operation, a
screening plan, no outside storage) will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed shop area at the
northeast corner of the site is closest to residences in the area. The nearest
residences are approximately 600 feet to the east, approximately 900 feet
to the north and approximately 3,200 feet to the east of the proposed shop
site. Staff received one (1) letter of concern/objection from a neighboring
property owner to the east who claims sand was brought in Fall
2016/Spring 2017. He claimed sand from this site was blowing onto his
property (photos have been provided as well) and requested a wind break
and fence be installed along the eastern property line. The application
indicated the vehicle circulation area around the shop building and parts
storage building at the northeast end of the site will be concrete. The
vehicle display area at the southeast portion of the site will be gravel. The
existing road connecting the shop area and the vehicle display consists of
pulverized asphalt and gravel. The majority of the property outside of these
areas is cropland. This proposed USR also includes a requested waiver
from the Weld County sign requirements delineated in Chapter 23 of the
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Weld County Code to allow one (1) ninety (90) square -foot freestanding
sign that is twenty-eight (28) feet in height and one (1) one -hundred (100)
square -foot wall sign in the A (Agricultural) Zone District. The Board finds
the 100 -square -foot wall sign to be acceptable and all other signs shall
adhere to the requirements of the code.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
The property is not within the Geologic Hazard Overlay District, a Special
Flood Hazard Area or the Airport Overlay District. Building Permits issued
on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, 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 proposed facility is located on approximately 203 acres delineated
as "Prime if Irrigated" and "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The majority of the site is
delineated as "Prime if Irrigated," with the southern portion of the site
delineated as "Other". The proposed shop location is proposed to be
located in an eight (8) -acre location that is currently not irrigated. The
proposed 9.5 -acre truck sales lot is located in the southeastern portion of
the site in the area delineated as "Other". The majority of the remainder of
the site is and will remain irrigated cropland.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. 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 WETCO Farms, LLC, do Brett Bloom, fora Site Specific
Development Plan and Use by Special Review Permit, USR18-0001, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
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Districts (sale of construction equipment, miscellaneous equipment and trucks and trailers,
vehicle modification and dismantling of wrecked vehicles and sale and/or recycling of dismantled
vehicle parts) 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, on the parcel of land described above be, and hereby is, granted subject to
the following conditions:
1. Prior to recording the plat:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The applicant shall address the requirements of the Central Weld County
Water District, as stated in the letter referral, dated May 21, 2018. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall submit a Landscaping and Screening Plan for review
and approval. The vehicle circulation and staging area adjacent to the south
of the proposed shop and storage buildings shall be screened by a solid
wooden, metal or vinyl fence, landscaping and vegetation, or a combination
thereof.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0001.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The two (2) signs shall adhere to the criteria, as stated in the
Development Standards, as approved by the Board of County
Commissions on May 9, 2018. 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. All approved signs shall be shown
on the map.
1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size
to be located on the northern building face of the proposed
20,000 square foot shop/office building. The wall sign shall
not project above the height of the building.
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2) 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.
6) The map shall delineate the landscaping and/or screening.
7) The map shall delineate the lighting.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 50 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 65 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of the right-of-way.
11) The applicant shall show and label the approved access locations,
and the appropriate turning radii (60') on the site plan. The applicant
must obtain an Access Permit in the approved location(s) prior to
construction.
12) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved Access Permit number.
13) The applicant shall show and label the approved tracking control on
the site plan.
14) 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.
15) The applicant shall show and label the section line right-of-way as
"CR 65 Section Line Right -of -Way, not County maintained."
16) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
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"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
18) The applicant shall show and label all recorded easements on the
map, by book and page number or reception number and date.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat,
the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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 plat 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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to the issuance of the 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
On -Site Wastewater Treatment System Regulations. The OWTS is
required to be designed by a Colorado Registered Professional Engineer
according to the Onsite Wastewater Treatment System Regulations.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
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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 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO"ADO
ATTEST: ditAdki Gam( je toL
Weld County Clerk to to the Board
BY:
Deputy Clerk t the Board
AP D AS T
ounty A orney
Date of signature: 4/8/19
Barbara Kirkmeyer, hair
EXCUSED
Mike Freeman, Pro -T
an P. Conway
USED
tt K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WETCO FARMS, INC., C/O BRETT BLOOM
USR18-0001
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0001, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (sale of construction equipment, miscellaneous
equipment and trucks and trailers, vehicle modification and dismantling of wrecked
vehicles and sale and/or recycling of dismantled vehicle parts) 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. This
proposed USR also includes a requested waiver from the Weld County sign requirements
delineated in Chapter 23 of the Weld County Code to allow one -hundred (100) square -foot
wall sign, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 8:00 a.m. — 5:00 p.m., Monday — Friday; and,
8:00 a.m. - 12:00 p.m., Saturday. These hours do not include occasional customer pick
up and drop off of equipment and vehicles which can occur outside of these hours.
4. There will be no outside storage associated with the vehicle modification and dismantling
operation.
5. The number of on -site employees shall not exceed ten (10).
6. The parking area on the site shall be maintained.
7. The landscaping/screening on the site shall be maintained in accordance with the approval
Landscaping/Screening Plan.
8. The proposed wall sign shall adhere to the below criteria as approved by the Board of
County Commissioners.
1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size to be located on the
northern building face of the proposed 20,000 square foot shop/office building. The
wall sign shall not project above the height of the building.
2) 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.
9. 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.
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10. 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.
11. 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.
12. 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.
13. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in C.R.S. §25-12-103.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -Site Wastewater Treatment Systems.
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. 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 and shall adhere to "Low Risk Discharge
Guidance: Discharges from Surface Cosmetic Power Washing Operations To Land July
2010," as specified by the State.
17. A current copy of the Spill Prevention, Control and Countermeasure Plan, signed and
certified by a Professional Engineer, shall be available on -site, at all times.
18. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
20. All potentially hazardous 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.
21. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the provisions of the State
Underground and Above Ground Storage Tank Regulations.
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22. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
of the Colorado Department of Public Health and Environment (CDPHE), Water Quality
Control Division, as applicable.
23. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
24. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
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 off of County Road 50 shall be for emergency use only.
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 historical flow patterns and runoff amounts on the site will be maintained.
31. Weld County is not responsible for the maintenance of on -site drainage related features.
32. Sources of light shall be shielded so that beams or rays of light 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.
33. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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35. 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.
36. 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.
37. 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.
38. 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 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.
39. 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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