HomeMy WebLinkAbout20180519.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0055, FOR AGRICULTURAL SERVICE ESTABLISHMENTS
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
ANIMAL BOARDING AND ANIMAL TRAINING FACILITIES, LIVESTOCK SALE
BARNS AND FACILITIES, RODEO ARENA, ROPING ARENA TO INCLUDE BOTH
INDOOR AND OUTDOOR ARENAS AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (AN EVENTS CENTER AND A 150 -SPACE RV PARK
WITH AN OFFICE) 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 - CHERRY KNOLLS,
A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
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 28th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cherry Knolls Estates, A General Partnership, LLP, do Bob Frachetti
and Dan LaCoe, 20905 CR 2, Brighton, CO 80603, for a Site Specific Development Plan and Use
by Special Review Permit, USR17-0055, for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including animal boarding and animal training facilities, livestock sale barns and facilities,
rodeo arena, roping arena to include both indoor and outdoor arenas and any Use permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (an events center and a 150 -space RV park with an office) 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:
Lot D of Recorded Exemption, RE -4994; being part
of the S1/2 of Section 33, Township 1 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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:
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SPECIAL REVIEW PERMIT (USR17-0055) - CHERRY KNOLLS, A GENERAL PARTNERSHIP,
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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 ordinance in effect.
1) Section 22-2-20.B.2 (A.Policy 2.2) 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." This facility allows users of the
site to develop their potential through experience with the
agricultural lifestyle. Achieve More uses a structured livestock
stewardship program with hands-on teaching and learning to teach
values and help kids develop respectable character and
confidence. There will be a 96,000 -square -foot barn that will
accommodate 600 swine, 400 lambs and goats, 80 cows, 100
horses/camelids, and 50 chickens/rabbits. A property this size is
allowed 1,068 animal units per the Weld County Code and the
applicant is proposing approximately 340 animal units. There may
be some year-round horse boarding use, temporary horse boarding
by RV park guests that are traveling with horses, and temporary
use of the barn for housing animals during events such livestock
auctions or rodeo events or similar events. An outdoor rodeo arena
is proposed north of the livestock barn and will include spectator
stands. Additionally, there will be an outdoor horse rodeo arena, a
community event center, a community park consisting of a grass
field and playground, a biking, hiking and horse trail, a community
garden, and a family -oriented recreational vehicle (RV) park. As
Achieve More becomes established, all facilities, including the
livestock barn, rodeo arena, the community garden, playground,
and the future event center will be available for use to supporters
and participants in Achieve More's programs.
2) Section 22-2-20.H.1 (A.Policy 8.1) states: "The land use applicants
should demonstrate that adequate sanitary sewage and water
systems are available for the intensity of the development."
According to the application materials, the potable water will be
provided by an existing permitted well on the adjacent property. The
application materials state that the well is approved for this use per
a Court Decree (Case No. 2004CW16) (Please see page 4; pp 16).
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Wastewater treatment will be provided by an on -site wastewater
treatment facility.
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process."The applicant has been in contact with the property owner
to the west, Confluence Resources and Arete Land and Minerals,
LLC (Confluence). Confluence is drilling 30 wells on this property
and has submitted a letter outlining potential impacts that may occur
due to the drilling operation to include noise, traffic, and lights. The
Town of Lochbuie has stated that landscaping should be placed
between CR 2 and the facility. The applicant submitted a letter
dated January 26, 2018, addressing these comments.
4) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." This site is located about two miles east of the Town
of Lochbuie; however, the County does not have an
Intergovernmental Agreement with the Town of Lochbuie.
Additionally, the applicant is proposing fully engineered water
treatment and an On -site Wastewater Treatment System to serve
the users on this site.
5) Section 22-2-20.H.3 (A.Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
referral comments from the Department of Public Works state that
CR 2 is a paved road and will require a left -turn deceleration lane
for the eastbound traffic turning into the facility.
6) Section 22-2-20.H.5 (A.Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal."The USR application was
sent to fifteen (15) referral agencies including the school district, the
Division of Water Resources, Henrylyn Irrigation District, and the
fire district. The referral agencies had 28 days to review this USR
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and most of them submitted responses of 'no concerns' with the
remainder submitting comments or conditions that are incorporated
as Conditions of Approval or Development Standards.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.6.10, 14, 17, 18 and
Section 23-3-40.S. allow for a Site Specific Development Plan and Use by
Special Review Permit for Agricultural Service establishments primarily
engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including animal boarding and animal
training facilities, livestock sale barns and facilities, rodeo arena, roping
arena to include both indoor and outdoor arenas and any Use Permitted as
a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (an events center and a 150 -space
RV park with an office) 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.
1) Section 23-3-10 — Intent states: "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 facility
consists of indoor and outdoor agricultural event arenas as well as
an RV park. The facilities and utilities will be provided for all users
and there are Conditions of Approval for road improvements and
drainage. The proposed USR is in an area that can support this
facility and the Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
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
pastures, crops, and rural residences. Adams County is south of the site.
The closest residence is north and adjacent to the site and owned by the
co -applicant. There is another residence about 250 feet east of the site.
According to the application materials, the livestock barn will be setback
from CR 2 and the west property line approximately 450 feet. The livestock
barn will be located behind a stand of four (4) existing mature cottonwood
trees to provide screening from CR 2. There are berms along the Denver
Hudson Canal which provides screening from the property to the east. The
rodeo complex will be sited north of the livestock barn and will be screened
by the livestock barn from the south. There are five (5) USRs within one (1)
mile of this site. USR-1721 is for a construction company, SUP -357 is for a
gravel pit, USR16-0026 is for a natural gas pipeline, and amended
AMUSR-112 is for the parking and storage of construction equipment and
all are located north of the site. USR-1616 is for a trade school and is
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located west of the site. The Weld County Department of Planning Services
has received two (2) letters from surrounding property owners. One letter
was received from the oil and gas company that is drilling on the parcel
adjacent and to the west of the site. This letter states that there may be
congestion, lights, noise, etc., until all the wells are drilled. The second
letter is in support of this USR.
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 located within a three (3) mile referral area of the
Town of Lochbuie. The Town submitted referral agency comments dated
December 13, 2017, concerning the private water treatment system, and
wastewater treatment system and requested a landscape plan that shows
the screening of the RV parking from the adjacent properties. A memo with
concerns about the traffic was included from Jeff Ream, PE, PTOE, Apex
Design. The memo stated, in part, that the project [this USR] should
contribute a pro rata share to the Town of Lochbuie for the improvements
planned for this road [CR 2]. And the project [this USR] should contribute a
pro rata share to the Town of Lochbuie for the improvements planned for
this [CR 2/West Frontage Road] intersection. The applicant submitted a
letter dated January 26, 2018, addressing these comments and concerns.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. 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, the 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 proposed facility located on 50 acres of soils designated as "Prime
if they become irrigated" and two (2) acres of soils designated as "Prime"
and 126 acres of soils designated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This USR
will not take any "Prime (Irrigated)" Farmland out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cherry Knolls Estates, General Partnership, LLP, do
Bob Frachetti and Dan LaCoe, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0055, for Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including animal
boarding and animal training facilities, livestock sale barns and facilities, rodeo arena, roping
arena to include both indoor and outdoor arenas and any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (an
events center and a 150 -space RV park with an office) 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:
1. Prior to recording the map:
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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0055.
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 delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The four signs shall adhere to the criteria as stated in the
Development Standards and as approved by the Board of County
Commissioners on February 28, 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 signs shall be shown on the map.
6) If applicable, the map shall delineate the lighting and shall adhere
to Chapter the Weld County Code.
7) County Road 2 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
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requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
8) 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.
9) Show and label the approved tracking control on the site plan.
10) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than
35 feet.
11) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
12) 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 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. 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
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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.
B. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires a tracking control device and 100
feet of asphalt or 300 feet of asphalt for tracking control.
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation. Off -site roadway
improvements include an eastbound left deceleration turn lane.
7. Prior to Issuance of Certificate of Occupancy for the livestock facility the
deceleration lane shall be installed. RV spaces will be limited to seventy (70) until
the deceleration lane is constructed.
8. 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 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datjuki
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPROVED
o'unty Attorney
Date of signature: 0q-0;-/8
Save Moreno, Chair
arbara Kirkmeyer,yPro-Tem
EXCUSED
Sean P. Conway
Julie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHERRY KNOLLS ESTATES, GENERAL PARTNERSHIP, LLP,
C/O BOB FRACHETTI AND DAN LACOE
USR17-0055
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0055, is
for Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including animal
boarding and animal training facilities, livestock sale barns and facilities, rodeo arena,
roping arena to include both indoor and outdoor arenas and any Use permitted as a Use
By Right, Accessory Use, or Use By Special Review in the Commercial or Industrial Zone
Districts (an events center and a 150 -space RV park with an office) 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 hours of operation are:
• The Achieve More Agricultural Complex 6:00 a.m. to 7:00 p.m., 7 days a week.
• The RV park 24 hours a day / 7 days a week, with quiet time between 10:00 p.m.
and 8:00 a.m.
4. RVs shall not be stored on the site.
5. Recreational camping will be allowed for up to thirty (30) days over a 60 -day period. No
permanent residency shall be allowed in the RV Park.
6. Decks and other permanent structures associated with individual RVs are prohibited in the
RV camping area.
7. The number of full-time employees shall be two (2) with thirty (30) volunteers during large
events.
8. The number of animal units shall adhere to the number allowed per the Weld County Code.
This parcel is 178 acres allowing up to 1,068 animal units.
9. The parking area on the site shall be maintained.
10. The four signs shall adhere to the below criteria as approved by the Board of County
Commissioners on February 28, 2018:
• Sign 1 for the Achieve More Agricultural Complex will be a permanent,
freestanding sign; 4' x 8' in size and 6 feet tall. Located adjacent to access road
onto property, facing CR 2.
• Sign 2 for the Liberty Hill RV Park will be a permanent, freestanding sign; 4' x 8' in
size and 6 feet tall. Located adjacent to access road onto property, facing CR 2.
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• Sign 3 for the Achieve More Livestock Barn (naming rights) will be a permanent,
building mounted or painted on building wall; 6' x 30' in size and 10 feet tall.
Located south side of Livestock Barn (building exterior), facing CR 2.
• Sign 4 for the Rodeo Arena (naming rights) will be a freestanding or mounted on
a fence; 4' x 8' in size and 6 feet tall. Located in the outdoor rodeo arena area,
located well within property (north of livestock barn) thus not visible from CR 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.
11. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and Fire District for events greater than 250 people.
12. 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.
13. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
15. 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.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
19. 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, Section 30-20-100.5, C.R.S.
20. 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.
21. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized.
22. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
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23. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
25. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On -site Wastewater Treatment Systems.
26. In the event the septic systems require a design capacity of over 2,000 gallons of sewage
per day, the applicants shall adhere to the requirements of the Colorado Department of
Public Health and Environment, Water Quality Control Division's (WQCD) Regulations.
27. Any large -capacity septic system (a septic system with the capacity to serve 20 or more
persons per day) shall comply with the Underground Injection Control (UIC) Class V
Injection Well requirements of the Environmental Protection Agency (EPA).
28. Temporary uses for a period of six months or less, 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 and shall contain hand sanitizers.
29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). If not subject to these requirements, the Weld County Department of Public
Health and Environment strongly encourages well users to test their drinking water prior
to consumption and periodically thereafter.
30. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
31. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
32. 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.
33. A building permit 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 the 2014 National Electrical Code. A building permit
application must be completed and two complete sets of engineered plans bearing the wet
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stamp of a Colorado registered architect or engineer must be submitted for review. A
geotechnical engineering report performed by a registered State of Colorado engineer
shall be required or an open hole inspection.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
2018-0519
PL2525
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