HomeMy WebLinkAbout20130553.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0075, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE,
WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM
PRODUCTS AND STORAGE RELATED TO SAME, THE CONSTRUCTION OF AN
ON -SITE RAIL SPUR TO CREATE A "RAIL LOOP" OF ON -SITE TRACK, NEW
OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT, A GREATER
THAN 70 -FOOT COMMUNICATION TOWER AND UTILIZATION OF MORE THAN
ONE CARGO CONTAINER FOR STORAGE IN THE A (AGRICULTURAL) ZONE
DISTRICT - PLAINS MARKETING, LP
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 27th day
of February, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Plains Marketing, LP, 333 Clay Street, Suite 1600, P.O. Box 4648,
Houston, Texas 77002, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0075, for Mineral Resource Development Facilities, including transloading of a
commodity from one mode of transportation to another including rail, truck and pipeline, without
limitation for oil and gas industries, including petroleum products and storage related to same,
the construction of an on -site rail spur to create a "rail loop" of on -site track, new offices and
support buildings, and related equipment, a greater than 70 -foot communication tower and
utilization of more than one cargo container for storage in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
All of Section 17, south and east of Rail Road,
Township 2 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Melissa Smith, Plains All
American Pipeline, LP, and Vincent Harris, Baseline Corporation, 700 12th Street, Suite 220,
Golden, Colorado 80401, 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 23-2-230.6 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 22-2-80.C.2 (I.Policy 3.2) states: "The land use applicant
should demonstrate that the roadway facilities associated with the
proposed industrial development are adequate in width,
classification and structural capacity to serve the development
proposal." The applicant, as a Condition of Approval, will enter into
an Improvement Agreement with Weld County for the on -site and
off -site improvements related to Weld County regulation. A
separate agreement is in process between Plains and the Town of
Keenesburg, including road improvements, and with the Town of
Keenesburg for the road and infrastructure improvements
associated with vehicle traffic associated with the Plains
Transload Facility. Weld County is not a party to this agreement
in Keenesburg, but such agreement needs to be completed and
recorded prior to recording the USR plat.
2) Section 22-2-80.E (I.Goal 5) states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,
state and local policies and legislation."
a) Section 22-2-80.E.1 (I.Policy 5.1) states: "Industrial uses
should be evaluated using criteria, including, but not
limited to, the effect the industry would have on air and
water quality, natural drainage ways, soil properties and
natural patterns and suitability of the land."
b) Section 22-2-80.E.2 (I.Policy 5.2) states: "Development
improvements should minimize permanent visual scarring
from grading, road cuts and other site disturbances.
Require stabilization and landscaping of final land forms,
and that runoff be controlled at historic levels." The
applicant will be required to submit an approved Drainage
Report and supporting construction drawings to address
stormwater and drainage issues associated with the
development of this site. Further, the applicant will be
required to obtain a grading permit if more than one (1)
acre is disturbed prior to construction which will include, at
a minimum, an Erosion and Sediment Control Plan, a
Grading Plan, installation details of all Best Management
Practices (BMPs) to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy
of the approved Colorado Department of Public Health and
Environment (CDPHE) stormwater permit.
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3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial
use as a transload yard and the surrounding properties are
minimized due to various factors. The closest distance the
transload yard will be from neighboring properties is to the west,
where the facility is approximately 2,000 feet to the nearest
residence. The Burlington Northern Santa Fe (BNSF) mainline is
to the southeast of both Interstate 76 and County Road (CR) 398.
The internal rail spur to be constructed is sited on private lands
owned by Plains Marketing, LP. Furthermore, there is a
substantial setback from CR 398 which lessens the impact of the
facility. As this is an industrial facility, a security fence with limited
points of access is to be installed at the site's perimeter, and a
Lighting Plan is required demonstrating that the site lighting will be
downcast and shielded and utilized for nighttime security and
emergency work only. Further, any source of light, either directed
or reflected, on the site shall be shielded so that light rays will not
shine directly onto adjacent properties, including public
rights -of -way where such would cause a nuisance or interfere with
the use of the adjacent properties, including the potential to create
a traffic hazard to operators of motor vehicles on the adjacent
road systems.
4) Section 22-2-80.G (I.Goal.7) states: "Recognize the importance of
railroad infrastructure to some industrial uses."
5) Section 22-2-80.G.1 (I.Policy 7.1) states: "Support the continued
and expanded use of existing railroad infrastructure for industrial
uses." The proposed facility will utilize the Burlington Northern
railroad mainline and two private internal rail loop track spurs
within the property boundary. The spurs are being constructed by
BNSF contractors for use in this petroleum (crude oil) transload
facility. A crude oil rail loading facility will contribute to the
expansion of the County's industrial economic base by providing
increased capacity to an essential function in the marketing of oil
produced in Weld County.
6) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing business and the location of new industries
that will provide employment opportunities in the County" In
addition to the permanent employees, the Plains Transload
Facility will be served by contractors, truck drivers, and railroad
personnel. It is anticipated that fifty (50) deliveries or contractor
visits, including postal deliveries, will occur each day. Further, the
facility will employ approximately sixty (60) employees, two shifts
of twenty employees working 12 -hours shifts at a facility operating
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24 hours each day, 365 days per year. That said, not all
employees will be on the site at the same time.
7) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The request for a Site Specific
Development Plan and Use by Special Review Permit for the
transloading of a commodity from one mode of transportation to
another, including rail, truck and pipeline transloading of
commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to
same, the construction of an on -site rail spur to create a "rail loop"
of on -site track, new offices and support buildings, and related
equipment, a greater than 70 -foot communication tower and the
utilization of more than one (1) cargo container for storage is
necessitated by the need to move larger volumes of crude oil due
to the recent increases in drilling activity and projected additional
production increases anticipated by producers.
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.A.7 of the Weld County
Code provides for Transloading, in this instance a Transload Facility to
accept a crude oil petroleum commodity delivered by pipeline or tanker
truck and transferring this commodity to a tanker car for delivery of same
product by rail to market, as a Use by Special Review in the
A (Agricultural) Zone District. The site is approximately 356 acres.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed facility
and site is located northeast of CR 63 and CR 398. The site is located
approximately one (1) mile northeast of the Town of Keenesburg and 6
miles southwest of the Roggen Townsite. The site and surrounding lands
are zoned A (Agricultural). The western boundary of the site is formed by
CR 398 and the Burlington Northern Santa Fe Railroad Brush subdivision.
There are limited residential dwellings in the vicinity to the proposed
facility, with the Kauffman Bros Ltd., Partnership Ranch located
approximately 0.5 miles to the south off of CR 63; Prospect Valley Dairy,
LLC, has a residence approximately one (1) mile to the east accessed
from CR 67; Alfred Wilder has a residence approximately three (3) miles
to the west near the intersection of CR 57 and CR 20; and there are no
residential structures located within two (2) miles to the north on lands
owned by Guttersen Ranches, LLC. The proposed Transload facility is
sited adjacent to an existing rail corridor and County road network.
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
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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 within the three (3) mile referral area for the
Town of Keenesburg, which indicated in the referral dated
December 20, 2012, that the proposed facility is located approximately
one mile north of the Town limits and is not within the existing
Intergovernmental Agreement (IGA) Boundary between the County and
Keenesburg, yet is within the Town's Comprehensive Planning Area and
the site is designated as agricultural use on the future land use plan. The
referral also states the Town is currently working on a comprehensive
plan amendment that will be re-evaluating the future land uses along the
highway and rail corridors for commercial and industrial uses. The Town
is very supportive of economic development in both the County and within
the Town limits; however, the Town holds concerns with the amount of
traffic generated by this proposed facility and the impacts to the Town's
infrastructure as a result of this proposed development. Given these
concerns, the Town is requesting that Plains Marketing, LP, enter into a
Street Improvements Agreement with the Town of Keenesburg.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay District. Building permits issued on the proposed lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee and 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 sited on lands that are designated
"Other land" for approximately 322 acres and "Prime if they become
Irrigated" on 34 acres located in the southwest quadrant of the parcel on
the Important Farmlands of Weld County map dated 1979. There is no
irrigation water associated with this parcel.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Plains Marketing, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0075, for Mineral Resource
Development Facilities, including transloading of a commodity from one mode of transportation
to another including rail, truck and pipeline, without limitation for oil and gas industries, including
petroleum products and storage related to same, the construction of an on -site rail spur to
create a "rail loop" of on -site track, new offices and support buildings, and related equipment, a
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greater than 70 -foot communication tower and utilization of more than one cargo container for
storage 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 plat:
A. The applicant shall enter into an Improvements Agreement with the Weld
County Department of Public Works and post collateral for the on -site and
off -site improvements associated with this facility, including road
infrastructure improvements as triggered by the designated haul route for
the transload facility. The agreement and form of collateral shall be
reviewed by the Department of Public Works and accepted by the Board
of County Commissioners.
B. The applicant shall enter into a Street Improvement Agreement with the
Town of Keenesburg for impacted streets within the Town Limits.
Evidence of such shall be submitted to the Department of Planning
Services.
C. The applicant shall address the Weld County Department of Public Health
and Environment (WCDPHE) referral dated January 3, 2013. Items
include:
1) The applicant shall submit evidence of an Air Pollution Emission
Notice (A.P.E.N.) and Emissions Permit Application from the Air
Pollution Control Division (APCD) of the Colorado Department of
Health and Environment. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these
requirements. (Satisfied 02/27/2013)
2) A signed copy of the Spill Prevention, Control and
Countermeasure Plan shall be provided to WCDPHE.
3) The applicant shall submit written evidence from the Colorado
Division of Water Resources, demonstrating that the water well is
appropriately permitted for the commercial use.
4) 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).
Evidence shall be provided to the WCDPHE that the system
complies with the regulations.
5) The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall
include, at a minimum, the following: (Satisfied 02/27/2013)
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a) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b) A list of the type and volume of chemicals expected to be
stored on the site
c) The waste handler and facility where the waste will be
disposed, including the facility name, address, and phone
number.
D. The applicant shall address the concerns of the Division of Water
Resources, specific to the referral dated December 7, 2012. Evidence of
such shall be submitted to the Department of Planning Services.
2. Prior to construction:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System, or CDPS permit, from the Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternatively, the applicant may provide evidence from CDPHE that they
are not subject to the CDPS requirements.
B. A building permit may be required for any new construction, alteration, or
addition to any buildings or structures on the property.
C. A Building Permit Application must be completed and two (2) complete
sets of engineered plans, including Engineered Foundation Plans bearing
the wet stamp of a Colorado registered architect or engineer, must be
submitted for review.
D. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
E. Buildings, equipment and structures shall conform to the requirements of
the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2012 International Building
Code, 2012 International Mechanical Code, 2012 International Plumbing
Code, 2006 International Energy Code, 2012 International Fuel Gas
Code, 2011 National Electrical Code, 2009 ANSI 117.1 Accessibility
Code and Chapter 29 of the Weld County Code.
F. Building Plans, including structural and foundation drawings, shall be
reviewed and approved, and a permit must be issued, prior to the start of
construction.
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G. The applicant shall contact the Permitting/Inspection Agent for the Weld
County Department of Public Works, for a Right -of -Way permit for any
work that may be required in the right-of-way. A Special Transport permit
will be required for any oversized or overweight vehicles that may access
the site and may also be obtained through the same office.
3. Prior to the issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be designed by a Colorado registered engineer
and installed according to the Weld County I.S.D.S. Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
C. The applicant shall submit evidence of a constructed and operational
commercial well to be utilized for potable water associated with the
proposed facility.
D. The applicant shall provide written evidence of an Emergency Protection
Agreement with the Southeast Weld Fire Protection District.
4. Prior to Operations:
A. The applicant shall address the Department of Public Works referral
dated December 11, 2012, and revised referral comments dated
January 18, 2013. Specific roadway requirements include:
1) A right deceleration lane on CR 398, at the facility entrance, will
be triggered when 25 vehicles per hour (vph), during a peak hour,
are turning right into the facility.
2) All four parties: CDOT, Keenesburg, Weld County, and the
applicant will work together to improve the intersection of Market
Street and CR 398. The applicant will need to develop an
agreement with the Town and CDOT to allow for the construction
of this safety improvement.
3) The applicant will be required to pave CR 398 from the existing
edge of pavement to the facility entrance.
4) Future roadway improvements on CR 398 will be based upon
proportional share based upon ESAL calculated traffic volumes.
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5. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0075.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. CR 398 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full buildout.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way, and this information shall be noted on the plat.
All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
E. A Stop sign will be required to be installed at the facility accesses onto
CR 398.
F. A vehicle tracking control pad consisting of the preferred option (double
cattle guards) will be required to prevent tracking of material from the site
in the way of mud or debris on to Weld County roads.
G. The existing Burlington Northern Santa Fe right-of-way and recording
information of said right-of-way referenced and delineated.
H. The oil and gas setback radiuses for existing and abandoned wellheads
and tank batteries on the site shall be indicated in accordance with
Section 23-3-50.E of the Weld County Code.
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. Areas used for storage or trash collection shall be
screened from adjacent properties and public rights -of -way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
J. Show the approved access on the plat and label it with the forthcoming
approved access permit number (AP#).
K. Delineate fifty (50) parking spaces for employees and vendors adjacent to
the Administration Building.
L. Minimum radius for all turning movements within, and onto, publically
maintained roads is sixty (60) feet.
M. The approved Lighting Plan.
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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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
7. Upon completion of Conditions of Approval #1 thru #4 above, the applicant shall
submit an electronic version or three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-260.D of the Weld
County Code. Upon approval, the applicant shall submit a Mylar plat, along with
all other documentation required as Conditions of Approval, within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WEI`D COkt J 4 COLORADO
ATTEST:
Weld County Clerk to the Board
County Attorney
i iam F. Garcia, Chair
"Barbara Kirkmeyer
Date of signatureMAR 19 2013
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PLAINS MARKETING, LP
USR12-0075
1. A Site Development Plan and Use by Special Review Permit, USR12-0075, is for
Mineral Resource Development Facilities, including transloading of a commodity from
one mode of transportation to another including rail, truck and pipeline, without limitation
for oil and gas industries, including petroleum products and storage related to same, the
construction of an on -site rail spur to create a "rail loop" of on -site track, new offices and
support buildings, and related equipment, a greater than 70 -foot communication tower
and utilization of more than one cargo container for storage 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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall comply with all provisions of the Above Ground Storage Tank
Regulations.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code or all
applicable State noise statutes and/or regulations.
10. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
11. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage
retention berm shall be constructed around the aboveground storage tanks. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm and sufficient freeboard to contain precipitation. Alternative protective
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measures may be allowed, provided they comply with the Colorado Oil and Gas
Conservation Commission regulations.
12. The facility shall be constructed and operated in accordance with 40 CFR 112 of the
Environmental Protection Agency's Oil Pollution Prevention Regulations to prevent the
discharge of oil and to ensure that contamination of soil and groundwater does not
occur.
13. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
14. A Spill Prevention Control and Countermeasure Plan shall be kept on site, at all times.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
16. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
17. In the event the facility's water system serves more 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.
18. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
19. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
20. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property.
21. A Building Permit Application must be completed and two (2) complete sets of
engineered plans, including Engineered Foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
22. A Geotechnical Engineering Report performed by a Colorado registered engineer shall
be required or an Open Hole Inspection.
23. The facility will operate 24 hours a day, seven (7) days a week, 365 days per year.
24. The number of employees associated with this facility is limited to sixty (60).
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25. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Building Code, 2012 International
Mechanical Code, 2012 International Plumbing Code, 2006 International Energy Code,
2012 International Fuel Gas Code, 2011 National Electrical Code, 2006 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
26. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
27. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Southeast Weld Fire Protection District to the Weld County Department of
Building Inspection.
28. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180.
29. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
30. Weld County is not responsible for the maintenance of on -site drainage related features.
31. No parking or staging of commercial vehicles on the county road is allowed; the on -site
parking area shall be utilized.
32. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
33. Parking lots shall conform to all standards of the American with Disabilities Act (ADA).
34. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
35. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
36. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust, and erosion.
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37. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over
the reclaimed areas.
38. The site must take into consideration stormwater capture/quantity and provide
accordingly for best management practices.
39. All proposed or existing structures will meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line. No building or structure as defined and limited to those
occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012
International Building Code, shall be constructed within a 200 -foot radius of any tank
battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any
plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any
tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of
this Chapter in accordance with Subsection 23-6-10.C of this Code.
40. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
41. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
42. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
45. 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.
46. 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.
47. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
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three (3) consecutive years, it shall be presumed inactive. The county shall initiate an
administrative hearing to consider whether to grant an extension of time to commence
the use or revoke the Use by Special Review. If the Use by Special Review is revoked,
it shall be necessary to follow the procedures and requirements of Chapter 23, Division
4, of the Weld County Code in order to reestablish any Use by Special Review.
48. 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.
49. 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 plat and recognized at all times.
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