HomeMy WebLinkAbout20183253.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0028, FOR A RECREATION FACILITY (35 SEASONAL
COMMERCIAL CAMPING SITES), MORE THAN THE NUMBER OF CARGO
CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL
(5 CARGO CONTAINERS) AND USES SIMILAR TO THE USES LISTED ABOVE
(AGRITOURISM EVENT CENTER INCLUDING AN AMPHITHEATER AND COVERED
STAGE AND AN AQUAPONICS AND HYDROPONICS GREENHOUSE, CLASSROOM
FACILITY AND CARETAKER APARTMENT) AS USES BY SPECIAL REVIEW AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT, IN THE A (AGRICULTURAL) ZONE DISTRICT
- TIMOTHY DITTMER AND BLUE PILL, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Timothy Dittmer and Blue Pill, LLC, 2100 16th Street #410, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0028,
for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo
containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar
to the Uses listed above (agritourism event center including an amphitheater and covered stage
and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as
Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural)
Zone District, in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
E1/2 NW1/4 NW1/4, NE1/4 NW1/4 and the east 15
feet of the W1/2 NW1/4 NW1/4 of Section 32,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 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 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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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.A.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 proposed commercial facility
is directly related to agriculture. A major component of FarmLab
USA is agricultural education based around teaching and promoting
alternative methods of agriculture. The Uses in the greenhouse
include research, testing, hydroponic and aquaponics cultivation,
storage and sale of a variety of agricultural products. The classes
will educate citizens and promote agricultural in the community. The
surrounding land uses are predominately agriculture and rural
residential and the proposed use will not minimize these uses. No
productive agricultural land will be removed from production.
Additionally, the site accesses onto a collector road and is
approximately 0.5 miles east of State Highway 85 which provides
adequate infrastructure for the public to access the site.
2) Section 22-2-20.A.2 (A. Policy 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment or agri-tourism uses." Currently, the 60 -acre site
is not currently used for any agriculture purposes and the proposed
Use will bring an agriculturally aimed business to the site. The
proposed facility will occupy a portion of the site which is unused for
farming. Besides the educational component, the amphitheater and
camping uses will provide an agritourism destination venue. The
amphitheater will host a variety of events that are drawn to the site
by the rural character and agriculture nature. The camping will allow
the patrons to experience the agricultural setting and tradition of
Weld County.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 - Intent, states: "The A (Agricultural) Zone District
is also intended to provide areas for the conduct of Uses by Special
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Review which have been determined to be more intense or to have
a potentially greater impact than Uses Allowed by Right." This
provision allows for the applicant to apply for a USR.
2) Section 23-3-40.C — Uses by special review, of the Weld County
Code allows, "Recreational facilities and uses including public or
commercial camping and commercial recreational facilities." This
provision allows for the tent and RV camping component.
3) Section 23-3-40.W — Uses by special review, of the Weld County
Code allows, "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." This provision allows for the
agritourism event center including an amphitheater and covered
stage and an aquaponics and hydroponics greenhouse, classroom
facility and caretaker apartment.
4) Section 23-3-40.BB — Uses by special review, of the Weld County
Code allows, "More than the number of cargo containers allowed
as a use by right per legal lot or parcel." This provision allows for
five (5) cargo containers on the property compared to the two (2)
cargo containers allowed as an accessory use.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, commercial industrial, rural residences and oil and gas
operations. The City of Brighton city limits are directly north of and adjacent
to the site. There are nine (9) properties immediately adjacent to the site;
four (4) with residences located on them. The applicant owns one other lot
that is contiguous to the subject site which contains a residence. There is
a mix of commercial and industrial uses in the area in both Brighton city
limits and unincorporated Weld County, permitted with a mix of Use by
Special Reviews and Site Plan Reviews. There are fifteen (15) USRs within
one (1) mile of this site, primarily located to the northwest of the site, along
the Highway 85 corridor. USRs include a construction company, research,
repair and manufacturing business, mineral resources development
facilities, gravel mining pits, maintenance and storage shops, commercial
junk and salvage yards, concrete batch plant, water skiing club, and
feedlot. The Vestas Plant is directly north of the property. The Weld County
Department of Planning Services sent notice to eight (8) surrounding
property owners within 500 feet of the proposed USR boundary. Planning
staff received one (1) letter in opposition to this USR, dated April 12, 2018.
The letter outlined concerns with declining traditional agricultural practices,
traffic congestion, potential failure of the business, campground guests and
nuisances, and incompatibility with the area. The Nuisance Management
Plan as submitted in the application, Improvements Agreement, Conditions
of Approval and Development Standards should adequately address these
concerns.
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D. Section 23-2-230.6.4 -- The Uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the three (3) mile referral radius of
Adams County, City of Brighton, City of Fort Lupton and Town of Lochbuie.
The site is located in the Coordinated Planning Agreement boundary of
Fort Lupton. The Fort Lupton referral, dated April 9, 2018, had no concerns
with the USR. Adams County and Lochbuie did not respond. The site is
located in the Urban Growth Boundary of City of Brighton. The Brighton
referral, dated June 7, 2018, expressed concerns. Brighton requests that
the site be annexed into the municipal limits and opposes this development
in the County due to incompatibility with surrounding land uses. The referral
outlined concerns that adequate utility services are not currently available
to the site and that the festival events will have major impacts to the
surrounding properties. Specifically, concerns that traffic will have a
significant impact on the road infrastructure, noise and light levels from the
events and hours of operation past 9:00 p.m., will be a nuisance to the
agricultural and rural residential area, odor and visual impacts from the
generator and portable toilets, and visual impacts of the cargo containers.
However, by addressing the Brighton referral comments as a Condition of
Approval, the applicant should be able to mitigate the concerns.
Additionally, the Development Standards and proposed tree screening and
berming around the site should buffer the activities from surrounding
property owners and the roadways.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located in the
A -P (Airport) Overlay District, Geologic Hazard Overlay District, Special
Flood Hazard Area, MS4 area or Regional Urbanization Area. Building
Permits issued on the lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
F. Section 23-2-230.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 soils designated as "Prime if they
become irrigated," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The subject site is not currently used for
agricultural purposes and the proposed USR will not further remove any
active farm ground from production. The proposed USR is located on a
small portion of the site and if farming was ever desired, there would be
sufficient room to farm.
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), Development Standards and Conditions of Approval can ensure
that there are adequate provisions for the protection of the health, safety,
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and welfare of the inhabitants of the neighborhood and County. This
recommendation is based, in part, upon a review of the application
materials submitted by the applicant, other relevant information regarding
the request, and responses from referral entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Timothy Dittmer and Blue Pill, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0028, for a Recreation Facility
(35 seasonal commercial camping sites), more than the number of cargo containers allowed as
a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed
above (agritourism event center including an amphitheater and covered stage and an aquaponics
and hydroponics greenhouse, classroom facility, and caretaker apartment) as Uses by Special
Review as long as the Use complies with the general intent of the A (Agricultural) Zone District,
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Plan to the Weld
County Department of Pkanning Services for review and approval.
B. The applicant shall submit a Lighting Plan to the Weld County Department
of Planning Services for review and approval.
C. The applicant shall address where the amphitheater equipment will be
stored when not in use.
D. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. Based on an approved engineered Traffic Study, the
Agreement shall require the construction of the following capital
improvements to commence within one (1) year of the opening of the
facility.
1) Design and construct a left deceleration/turn lane on CR 4 at the
eastern access.
E. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
F. All septic systems located on the property shall have appropriate
permits/documentation from the Weld County Department of Public
Health and Environment. The Environmental Health Division of the Weld
County Department of Public Health and Environment was unable to locate
a Septic Permit for the existing residence. Any existing septic system which
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is not currently permitted/documented through the Weld County
Department of Public Health and Environment will require an On -Site
Wastewater Treatment System (OWTS), evaluation prior to the issuance
of the required septic permit/documentation. In the event the system is
found to be inadequate, the system must be brought into compliance with
current OWTS regulations.
G. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that a well is appropriately permitted for
the commercial use.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0028.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the location of the five (5)
proposed cargo containers.
5) The applicant shall show and label the location of existing buildings.
6) The applicant shall show and label the location of the landscape
berms.
7) Th applicant shall show and label the location of the trash collection
areas. Section 23-3-250.A.6 of the Weld County Code addresses
the issue of trash collection areas.
8) The applicant shall show and label the lighting including light poles
and on -site directional wayfinding lights. All lighting shall be
shielded so that light rays will not shine directly onto adjacent
properties and shall adhere to Section 23-2-250.D of the Weld
County Code.
9) The applicant shall show and label the amphitheater parking area
for the vendors, patrons, and employees, as well as all ADA
parking.
10) The applicant shall provide a detailed map of the facility including
the greenhouse, classroom, caretaker apartment and parking area.
11) The applicant shall remove the lot lines and reference to the
withdrawn recorded exemption.
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12) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12, and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
13) The applicant shall show and label all setback radiuses for existing
oil and gas tank batteries and wellheads per the setback
requirements of Section 23-3-50.E of the Weld County Code.
14) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
15) County Road 4 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
16) The applicant shall show and label the approved residential and
commercial access locations, approved access width and the
appropriate turning radii (60 feet) on the site plan. The applicant
must obtain an Access Permit in the approved location(s) prior to
construction.
17) The applicant shall show and label the approved tracking control on
the site plan.
18) If applicable, the applicant shall show and label the entrance gate.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
19) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Retention, No -Build or Storage Area" and shall include
the calculated volume.
20) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map, the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
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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. Prior to Construction:
A. 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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility Operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
6. 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 mapsco.weld.co.us.
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 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 17th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W
Weld County Clerk to the Board
BY:
Deputy CI
APP
ounty A orney
Date of signature: 11/Z7/Ifs
Barbara Kirkmeyer, Pro-Tem
can P. Conway
CUSED
lie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMOTHY DITTMER AND BLUE PILL, LLC
USR18-0028
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0028, is
for a recreational facility (35 commercial camping sites), more than the number of cargo
containers allowed as a use by right per legal lot or parcel (5 cargo containers), and uses
similar to the uses listed above (agritourism event center including an amphitheater and
covered stage and an aquaponics and hydroponics greenhouse, classroom facility, and
caretaker apartment) as Uses by Special Review as long as the use complies with the
general intent of the A (Agricultural) Zone District, 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 operator shall be in compliance with the annual Emergency Incident Action Plan.
4. The hours of operations are:
A) Amphitheater events: 7:00 a.m. to midnight from April 1st to September 30th, with
a maximum of five (5) events per week.
B) Commercial campground: 24 hours/day on weekends only from April 1st to
September 30th.
C) Classroom in the greenhouse facility: 8:00 a.m. to 8:00 p.m., year-round.
5. The maximum number of tent camp -sites shall be thirty (30). The maximum of RV
camp -sites shall be five (5).
6. If selling or distributing alcohol, a liquor license shall be obtained from the Weld County
Board of County Commissioners prior to serving.
7. The maximum number of cargo containers shall be five (5).
8. Two (2) security guards for the first 100 persons attending the event and one (1) additional
security guard for each additional 50 persons after that shall be onsite during any event.
9. One (1) person trained in emergency medical technology for every 150 persons shall be
onsite during any event.
10. A clean and sanitary enclosure, where medical treatment may be rendered, will be
available onsite during any event.
11. The maximum number of classroom participants shall be thirty (30).
12. The maximum number of event patrons shall be three -hundred (300).
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13. A Temporary Assemblage Permit must be obtained by the Weld County Clerk to the Board
for any events that exceed 350 patrons. A maximum of 10 events that exceed 350 may
be issued per calendar year.
14. The parking area on the site shall be maintained.
15. 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.
16. The applicant shall operate in accordance with the approved Waste Handling Plan and
Chapter 14, Article I of the Weld County Code, at all times.
17. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. Onsite parking shall be
utilized.
19. 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.
20. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
21. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
22. The Access Management Plan for U.S. Highway 85 is right -in, right -out at the intersection
of County Road 4 and U.S. Highway 85.
23. Future property owners are hereby notified that the Union Pacific Railroad crossing at
County Road 4, east of U.S. Highway 85, may be closed.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of onsite drainage related features.
26. 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.
27. 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.
28. 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
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
29. 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.
30. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
31. For temporary uses that are utilized for a time of six (6) 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.
32. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
33. 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.
34. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
35. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
36. 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.
37. 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.
38. 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
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with the Development Standards and Conditions of Approval stated herein and all
applicable Weld County regulations.
39. 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.
40. 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.
41. 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.
42. 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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