HomeMy WebLinkAbout20182403.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR17-0063, ROSE
HOLDINGS, INC., DBA SHEPHERD ENTERPRISES, C/O DANIEL SHEPHERD
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, by Resolution dated January 31, 2018, the Board approved Use by Special
Review Permit, USR17-0063, for an Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including sorting, grading, and packing fruits and vegetables for the grower and for uses similar
to the uses listed as Uses by Special Review as long as the uses comply with the general intent
of the A (Agricultural) Zone District (parking, staging and storage of commercial vehicles and
equipment and the trucking of agricultural products including meat, dairy and produce) in the
A (Agricultural) Zone District, for Rose Holdings, Inc., dba Shepherd Enterprises, do Daniel
Shepherd on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -373; being part of
the N1/2 NW1/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from Rose Holdings, Inc., dba Shepherd
Enterprises, do Daniel Shepherd, 1931 Leona Avenue, Wattenberg, Colorado 80603, to vacate
said Use by Special Review Permit, USR17-0063, allowing through August 31, 2018, to remove
all appurtenances related to said 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR17-0063, be, and hereby is, vacated.
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09/04/2018 11:32 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2018-2403
PL2518
VACATE USE BY SPECIAL REVIEW PERMIT, USR17-0063 - ROSE HOLDINGS, INC., DBA
SHEPHERD ENTERPRISES, C/O DANIEL SHEPHERD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dder-AgA) �•'�
Ste yje Moreno, Chair
Weld County Clerk to the Board
BY:Y,Pc
eputy Clerk to the Board
APPROVED AS TO FORM
C/
Asst. County Attorney
Date of signature: c 1Qot 18
4427940 Pages: 2 of 2
09/04/2018 11:32 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
iiiPIPATCIfiM Ihr iRIA riAV 1ilk II II
rbara Kirkmeyer, Pro-Tem
Sean P. Conway
ie A. Cozad
riLa_gw,
Mike Freeman
2018-2403
PL2518
To: Weld County Commissioners and all others concerned
I will be closing my business of 29 years by July 31st 2018 and will begin to
remove the commercial vehicles from my property at that point. I will need 60
days to move this equipment from the property. There will be no trucking
operations after July 31
I would like to vacate the USR permit that we have in place at that point.
Regards
Dan Shepherd
07/18/2018
RECFI r r)
JUL 182018
Weld County Planning Department
GREELEY OFFICE
2018-2403
PL 518'
Consent Agreement
This Consent Agreement is made between the Weld County Department of Planning Services (the
Department) and ROSE HOLDINGS, INC. DBA SHEPHER ENTERPRISES, 0/O DANIEL
SHEPERD(Violator) ((PCSC18-0007, USR17-0063)).
1. Violator owns or occupies property located at 1931 Leona Avenue, Wattenberg, CO 80603, in Weld
County, Colorado.
2. There are violations of the Weld County Code and the USR Permit, due to the operation and/or
storage of commercial equipment, vehicles and/or materials, noise, and hours of operation.
VIOLATOR AGREES TO COMPLETE THE FOLLOWING ACTIONS BY THE FOLLOWING DATES:
3. Mr. Shepherd has requested to vacate his USR, agrees to close his business and cease
operations as of July 25, 2018, and agrees to remove all equipment and material related to the
USR permit by August 31, 2018.
4. Violator agrees to contact the Department to arrange an inspection of the property to ensure
compliance with the Consent Agreement.
5. Violator further agrees that this Consent Agreement may be used by Weld County in any
subsequent legal action against Violator relating to the above mentioned violations on the property.
THE DEPARTMENT AGREES:
6. Not to file or server a complaint against Violator for the above -mentioned violations on the property
so long as Violator is otherwise in compliance with this Consent Agreement.
7/2≤//8
ante Shepherd Date
Director, Department of Planning Services Date
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0063, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE
GROWER AND FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF
COMMERCIAL VEHICLES AND EQUIPMENT AND THE TRUCKING OF
AGRICULTURAL PRODUCTS INCLUDING MEAT, DAIRY AND PRODUCE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DANIEL SHEPHERD
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 31st day of
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Daniel Shepherd, 1771 CR 23, Brighton, CO 80603, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0063, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: sorting, grading and packing fruits and vegetables
for the grower and for uses similar to the uses listed as Uses by Special Review as long as the
Use complies with the general intent of the A (Agricultural) Zone District (parking, staging and
storage of commercial vehicles and equipment and the trucking of agricultural products including
meat, dairy and produce) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -373; being part of
the N1/2 NW1/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Eric
Wernsman, 16493 Essex Road South, Platteville, CO 80651, 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.
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SPECIAL REVIEW PERMIT (USR17-0063) - DANIEL SHEPHERD
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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.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.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." The existing concrete building
constructed in 1968, as an insulated produce storage building with
an attached cooler, was expanded in 1974 to include two offices
and an interior loading and staging area with roll -up doors on each
end. The use of the building has historically been utilized for the
sorting, storage and packing of area produce prior to preparing for
shipment to market. The property has been utilized for the parking
and staging of over the road vehicles and is encumbered by the
South Platte River floodplain. The lands located within the
floodplain have historically had at least one cutting of alfalfa. The
applicant seeks to utilize the building and property as a warehouse
and distribution facility for raw food shipment. The applicant
operates a food distribution trucking company utilizing the existing
refrigerated warehouse to transfer refrigerated freight from trailer to
trailer for distribution purposes. The use is being mitigated by the
Conditions of Approval and the Development Standards reducing
the hours of operation, adding landscaping/screening with input
from the community, Dust Abatement Plan, Updated Traffic Plan,
Updated Lighting Plan and reduction of the noise standard.
2) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new industries
that will provide employment opportunities in the County." The
current operator utilizes the building for the same purpose with the
intensity of the use being greater than historically was present on
the property. Per the application, the owner is proposing to operate
up to 60 refrigerator tractor trailer trucks for over the road
distribution of meat, dairy and produce across the country. While
the company trucks are on the road, employees, including drivers,
may park their personal vehicles on -site. There are twenty-six (26)
persons employed full-time on the site, including eight (8) local
drivers using company trucks for pickup and delivery; three (3)
persons working in the warehouse; three (3) persons working in the
shop and twelve (12) persons working in the office.
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3) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."The proposed facility borders Wattenberg
Townsite a residential development to the east, and to the north,
west and south are large tracts of land in agricultural production.
Given the intensity of the proposal, staff will require the outdoor
storage/staging of vehicles to be screened; a Parking Plan to
address the parking location on the property to mitigate the impacts
of noise and exhaust onto neighboring properties, and as a
Condition of Approval the site lighting will be directed downward
and away from neighboring properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.B allows for Agricultural
Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis,
including: sorting, grading and packing fruits and vegetables for the
grower, and Section 23-3-40.W allows for uses similar to the uses listed
above as Uses by Special Review, as long as the use complies with the
general intent of the A (Agricultural) Zone District (parking, staging and
storage of commercial vehicles and equipment and the trucking of
agricultural products including meat, dairy and produce) as a Use by
Special Review in the A (Agricultural) Zone District. The use on the
property continues as a warehouse and distribution center for agricultural
products historically grown on premise and more recently, for agricultural
products, including dairy and meat products grown off site by local area
farmers. The intensity of activity associated with the facility has grown with
the new owner and the associated delivery and over the road trucking
operation.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties located
adjacent to the east are lands associated with the Wattenberg Townsite
utilized as single-family residences; to the south are lands utilized for
agriculture production and lie within the 100 -year floodplain associated with
the South Platte River, to the west are lands in agricultural production and
have oil and gas encumbrances and to the north, across County Road 6
are agricultural lands with oil and gas encumbrances and without
improvements. The outdoor storage /staging of vehicles will be required to
be screened; as well as a Parking Plan to address the parking location on
the property to mitigate the impacts of noise and exhaust onto neighboring
properties, and as a Condition of Approval, the site lighting will be directed
downward and away from neighboring properties. The use is being
mitigated by the Conditions of Approval and the Development Standards
reducing the hours of operation, adding landscaping/screening with input
from the community, Dust Abatement Plan, Updated Traffic Plan, Updated
Lighting Plan and reduction of the noise standard.
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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 three miles of the City of Fort
Lupton, City of Brighton and Adams County. The City of Fort Lupton
returned a referral dated, November 27, 2017, indicting no concerns. The
City of Brighton and Adams County did not return a referral response.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is located within the
100 -year Floodplain, and not within the Airport or Geologic hazard areas.
Building Permits issued on the proposed lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Area, Capital
Expansion Impact Fee area, 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 is located on approximately 16.6 acres
designated "Other Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site does not have irrigation water
rights, therefore, no prime farm ground will be removed from the County.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Daniel Shepherd, for a Site Specific Development Plan
and Use by Special Review Permit, USR17-0063, for an Agricultural Service Establishment
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee
or contract basis, including: sorting, grading and packing fruits and vegetables for the grower and
for uses similar to the uses listed as Uses by Special Review as long as the Use complies with
the general intent of the A (Agricultural) Zone District (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy and
produce) 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 USR map:
A. The applicant shall submit a Landscaping/Screening Plan to mitigate visual
impacts to the Department of Planning Services for review and approval
after consultation with the area property owners within the Wattenberg
community. All parking areas, vehicle staging and loading areas shall be
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SPECIAL REVIEW PERMIT (USR17-0063) - DANIEL SHEPHERD
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screened with an opaque material from adjacent properties and public
rights -of -way.
B. The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing structure. The septic
system shall be reviewed by a Colorado Registered Professional Engineer
in association with the submittal of a septic permit application. The review
shall consist of observation of the system and a technical review describing
the system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations.
C. The applicant shall submit written evidence from the Colorado Division of
Water Resources demonstrating that the well permitted as 13320-F is
appropriately permitted for the commercial use. Documentation shall be
provided to the Department of Planning Services and the Environmental
Health Services Division.
D. The applicant shall submit photos of the sealed floor drains to the
Department of Planning Services and the Environmental Health Services
Division.
E. An Improvements and Road Maintenance Agreement and updated Traffic
Study 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.
F. The applicant shall submit a Dust Abatement Plan for review and approval
by the Department of Planning Services.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0063.
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 the trash collection areas.
5) The approved landscaping/screening shall be shown on the map in
accordance with Section 23-3-250.A.5 of the Weld County Code.
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6) The lighting shall be shown on the map in accordance with Section
23-3-250.B.6 of the Weld County Code.
7) The parking shall be shown on the map in accordance with Section
23-3-250.A.2 of the Weld County Code.
8) Show the location and dimension of the facility sign. All 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) Leona Avenue is a paved 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 6 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
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.
11) Show and label the approved access location, 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. The
existing access on the east side of the property shall be closed
12) Show and label the approved tracking control on the site plan.
13) 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.
14) Show and label all easements with the recorded document
reception number and date on the site plan.
15) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
16) The applicant shall show the drainage flow arrows.
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17) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. 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.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the USR 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.
4. 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
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: d4) ' ; ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPROVED AS TO .$
o . my Attorney
Date of signature: 03-/3-/a'
(AYE)
Steve Moreno, Chair
Irbara Kirkmeyer,
Sean P. Conway
Ju'tie A. Cozad
Mike Freeman
ro-Tem
(NAY)
(AYE)
(AYE)
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANIEL SHEPHERD
USR17-0063
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0063, is
for Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including: sorting,
grading and packing fruits and vegetables for the grower and for uses similar to the uses
listed above as Uses by Special Review as long as the use complies with the general
intent of the A (Agricultural) Zone District (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy and
produce) in the A (Agriculture) 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:
Company Office: 6:00 a.m. - 6:00 p.m., Monday — Friday, and Saturday 8:00 a.m. to
12:00 p.m.
Dispatch Office: two (2) employees 6:00 a.m. to 6:00 p.m., Saturday and Sunday
Warehouse: 7:00 a.m. - 7:00 p.m., Monday — Friday, with no use of the three (3) most
easterly loading docks after 5:00 p.m., and 8:00 a.m. - 12:00 p.m., Saturday
Local and Over -the -road truck drivers: during regular Warehouse hours, with drop-off in
the westernmost eight (8) spaces only outside of Warehouse hours.
4. The number of persons employed on the site shall be restricted to 26 persons, as stated
in the application materials.
5. All 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 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.
7. The access on the site shall be maintained to mitigate any impacts to the public road
including, damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. Any work that may occupy and/or encroach upon any County rights -of -way or easements
shall acquire an approved Right -of -Way Use Permit prior to commencement.
10. 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.
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11. 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.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
13. There shall be no Jake brakes or back-up alarms utilized on the site.
14. The odor of diesel from idling trucks (not to exceed five (5) minutes) shall not leave the
property.
15. 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.
16. 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 applicant
shall comply with the approved Dust Abatement Plan.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
20. 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.
21. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as
provided by the State.
22. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
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DEVELOPMENT STANDARDS (USR17-0063) - DANIEL SHEPHERD
PAGE 3
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices. No flashing lights are allowed on the site.
25. The approved screening/landscaping on the site shall be maintained.
26. The historical flow patterns and run-off amounts on site will be maintained.
27. Weld County is not responsible for the maintenance of on -site drainage related features.
28. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -2115E, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
29. 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 2014 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
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34. 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.
35. 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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