HomeMy WebLinkAbout20183191.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0042, FOR A BREWERY, BREWPUB, A SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION
23-3-20.A AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (A RESTAURANT, COFFEE SHOP, EVENT BARN, AND RETAIL STORE)
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 AND TWO BUILDING
MOUNTED SIGNS ONE FOR THE RESTAURANT AND ONE FOR THE COFFEE SHOP
IN THE A (AGRICULTURAL) ZONE DISTRICT - CHERYL SWEET TRUST
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 Cheryl Sweet Trust, P.O. Box 213, Windsor, Colorado 80550, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0042, for a Brewery, Brewpub, a
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (restaurant, coffee shop, event barn, and retail store) 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, and two building mounted signs, one for
the restaurant and one for the coffee shop, in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -4682; being part
of the W1/2 NE1/4 of Section 5, Township 6 North,
Range 67 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:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
CC'•PLCOOi/TP), Pw(£P), EI-ICLL), Co, CF
GPPL, G.PPL REP
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states, "County land use regulations
should protect the individual property owner's right to request a land
use change." Section 22-2-20.G.2 (A.Policy 7.2) states:
"Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when
the subject site is in an area that can support such development,
and should attempt to be compatible with the region. "The applicant
is requesting a Use by Special Review Permit for a restaurant
(Backyard Bird), a coffee shop/bakery, an event barn (The White
Gable), and in the future, possibly a retail store, taproom (brewpub),
and a second single-family residence. Due to water considerations,
the brewery will not be possible, but the applicant hopes to
construct a taproom (brewpub). The restaurant and coffee shop are
in the same building; however, they are separate businesses that
will share the kitchen. The maximum occupancy in the event barn
is 175 guests per event. Types of events will include weddings,
private dinners, and charity events. Some events may include live
music or a DJ. The design and location of the event barn has taken
into consideration noise levels and impact on neighbors. Music will
be kept inside the barn and any open windows will be facing the
center of the property and away from nearby neighbors. The
proposed USR is in an area that can support such development, as
there is adequate infrastructure for this type of development. The
Conditions of Approval and the 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.
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 a tap from North Weld County Water District. At this
time, septic systems are shown for the primary residence,
restaurant/bakery, and event barn. The retail/brewery are future
buildings and timing on the construction of these structures is
uncertain.
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
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process." The applicant had a meeting with two of the residents in
Valley View Ranch Subdivision (west) and has submitted a letter
dated August 9, 2018, addressing the concerns outlined in the
Surrounding Property Owner's letters.
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 adjacent to the Town of Windsor's
corporate limits (CR 74 is annexed into Windsor) and within
one-half (0.5) mile from the Town of Severance. The site is about
one -quarter (0.25) mile west of the intersection of State
Highway 257 and Harmony Road (CR 74). The Town of Windsor
requested a meeting with the applicant to discuss annexation.
Additionally, the Town and has sent in referral comments that state
specific design guidelines for this facility. The Town submitted a
Notice of Inquiry response dated October 17, 2017, and referral
agency comments dated July 5, 2018. The applicant met with the
Town of Windsor to discuss annexation and submitted a letter dated
August 11, 2018, which states: "Annexation - With regard to
annexation of the property, we were told by Paul in a meeting we
had several months ago, that we would not be considered unless
we are on sewer, He also told us the property might not be in a
"basin" that would allow connection to sewer. If this has changed,
we would be happy to meet with the town."
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 74 is under the jurisdiction of the Town of Windsor. The Town
has submitted comments concerning design and access
requirements for CR 74.
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 sixteen (16) referral agencies including the school district,
the Division of Water Resources, and the fire district. The referral
agencies had 28 days to review this USR and some of them
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submitted response of 'no concerns' with the rest submitting
comments or conditions that are incorporated as Conditions of
Approval or Development Standards in the staff recommendation.
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. M, S, FF, and GG, allow
for a Site Specific Development Plan and Use by Special Review Permit
for a Brewery, Brewpub, a Single -Family Dwelling unit per lot other than
those permitted under Section 23-3-20.A and any Use Permitted as a Use
By Right, Accessory Use, or Use By Special Review in the Commercial or
Industrial Zone Districts (a Restaurant, Coffee Shop, Event Barn, and
Retail store) 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 district and two building mounted
signs one for the restaurant and one for the coffee shop 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 USR
proposes commercial activities that are consistent with an
urban/suburban environment. This 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. The closest residence is south of
and adjacent to the site. There are three (3) USRs within one (1) mile of
this site. USR-1499 is for a church and is located south of the site. USR-943
is for a recreational facility and is located east of the site and AMUSR-735
is for a livestock confinement operation and is located north of the site;
Although this USR has recently been annexed into the Town of Windsor,
the Weld County Department of Planning Services sent notices to
sixteen (16) Surrounding Property Owners. Planning staff received
correspondence from two (2) surrounding property owners within 500 feet
of the parcel. The letters received outline concerns about traffic, public
safety, the location of the detention pond, the size and the durability of the
septic systems, as well as noise, lights, and dust. The applicant submitted
a letter dated August 9, 2018, addressing these concerns. A phone call
was received on August 24, 2018 from the SPO to the south with concerns
about the shared access point shown on the revised plans.
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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. The site is located within a three (3) mile referral area of the
Towns of Timnath, Severance, and Windsor. The Town of Timnath did not
return the Notice of Inquiry. The Town of Severance submitted a Notice of
Inquiry stating that they do not wish to annex. The Town of Windsor
returned the Notice of Inquiry dated October 17, 2017, stating that
annexation to Windsor would be possible because the site would meet the
1/6th contiguity requirement. The applicant has discussed the prospect of
annexation with the Town of Windsor and has decided to continue with this
USR in the County. The Towns of Severance and Timnath did not respond
with any referral agency comments. The Town of Windsor's referral agency
comments dated July 5, 2018, included designs for the parking areas, and
for CR 74 (Harmony Road) and the access. The Town is requesting full -cut
lighting fixtures, landscaping and screening, and stormwater detention all
consistent with the Town's standards. The Town is also requiring a traffic
impact study. The applicant submitted an email on August 11, 2018,
addressing the concerns of the Town of Windsor.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is 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, 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 14 acres of soils designated as
"Prime," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. This USR will take some "Prime (Irrigated)" Farmland
out of production.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cheryl Sweet Trust, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0042, for a Brewery, Brewpub, a Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A and any Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (restaurant, coffee shop, event barn, and retail store) provided that the property is
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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, and two building mounted signs, one for the restaurant
and one for the coffee shop, 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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0042.
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 signs, as proposed by the applicant, shall adhere to the criteria
as stated in the Development Standards as approved by the Board
of County Commissioners on October 17, 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) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
7) The applicant shall submit a Landscaping and Screening Plan, for
review and approval by the Department of Planning Services, for
the east side of the property adjacent to the greenbelt easement,
and on the south side of the parking lot.
8) The applicant shall show the approved Town of Windsor access(es)
on the site plan and label with the approved Access Permit number,
if applicable.
9) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
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10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map, the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be 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
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to the issuance of Certificate of Occupancies:
A. An On -site Wastewater Treatment System is required for all the proposed
structures and shall be installed according to the Weld County On -site
Waste Water Treatment System Regulations.
7 The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review 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: dia444) eA
Weld County Clerk to the Board
BY:
Deputy Cler
APP'o .S AST• — M
County •'corney
Date of signature: 12/1/18
C_�,
e Moreno, Chair
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHERYL SWEET TRUST
USR18-0042
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0042, is
for a Brewery, Brewpub, a Single -Family Dwelling Unit per lot other than those permitted
under Section 23-3-20.A and any Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (restaurant, coffee
shop, event barn, and retail store) 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, and two building mounted signs, one for the restaurant and one
for the coffee shop, 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:
A. Restaurant: Sunday thru Thursday 11:00-9:00, Friday - Saturday, 11:00 a.m. -
10:00 p.m.
B. Coffee shop/bakery: Sunday thru Saturday, 6:00 a.m. - 2:00 p.m.
C. Events barn: Sunday - Thursday 10:00 a.m. - 8:00 p.m., and Friday and Saturday,
11:00 a.m. -11:00 p.m. On the weekends of Labor Day, Memorial Day and Fourth
of July if it falls on a Monday, the hours on Sunday will be 11:00 a.m. to 11:00 p.m.
D. Retail store: Sunday thru Saturday, 10:00 a.m. - 8:00 p.m.
E. Tap room (brewpub): Sunday thru Saturday, 12:00 p.m. - 8:00 p.m.
4. The application material state that there will be ten (10) full-time employees,
twenty (20) part-time employees, and ten (10) shift employees.
5. The parking area on the site shall be maintained.
6. The applicant shall maintain compliance with the Landscaping and Screening Plan.
7. The signs shall adhere to the below criteria as approved by the Board of County
Commissioners on October 17, 2018:
A. Sign 1: restaurant will be a permanent, building mounted sign - 13' x 1'6" in size.
B. Sign 2: coffee shop will be a permanent, building mounted sign — 11'4" x 1' in size.
All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code.
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8. 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.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. Weld County is not responsible for the maintenance of onsite drainage related features.
11. 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.
12. 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.
13. 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.
14. 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.
15. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems.
17. 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).
18. Policy 6 of the Colorado Department of Public Health and Environment, Water Quality
Control Division (WQCD) Regulations shall be adhered to for multiple septic systems on
a single parcel.
19. In the event the septic systems require a design capacity of 2,000 gallons or more 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
21. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
23. 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.
24. 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.
25. 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 Development Standards and Conditions of Approval stated herein and all
applicable Weld County regulations.
26. 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.
27. 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.
28. 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
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29. 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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