HomeMy WebLinkAbout20130738.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0001, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (WATER SUPPLY AND STORAGE) AND
ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS,
(NON -RETAIL TRANSIENT LIQUIFIED NATURAL GAS (LNG) FUELING STATION
AND A PARKING AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN
MOSER
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 March, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John Moser, 6600 W. 20th Street, Unit 11, Greeley, Colorado 80634,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0001, for a
Mineral Resource Development, including Oil and Gas Support and Service (water supply and
storage) and any use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, (non -retail transient liquefied natural gas (LNG)
fueling station and a parking area) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption,
RECX12-0073, being part of the E1/2 E1/2 of
Section 29, Township 3 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Glen Czaplewski,
AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, 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.
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.
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1) Section 22-2-20.C (A.Goal 3) states: "County land use regulations
recognize and respect the rights afforded by the State Constitution
and associated statutes of individually decreed water rights. Water
rights are considered real property and should be protected as
any other private property right" The State Engineer, Division of
Water Resources states "...the source of water in the pond is from
wells on the property, such as 75655-F, which are permitted
pursuant to a court decree for uses including commercial,
industrial and irrigation."
2) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water -delivery infrastructure when applications for proposed land
use changes are considered." The proposed facility will utilize
groundwater from at least one (1) well, 75655-F, that is permitted
through the Division of Water Resources for irrigation, industrial
and commercial use via truck hauling.
3) 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."
4) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties
is minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The proposed
groundwater load out facility will support an oil and gas company
by supplying water for their oil and gas drilling operations.
Additionally, the facility may also provide water for irrigation and
industrial uses.
5) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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 proposed facility is located
approximately seven (7) miles east of the Town of Platteville and
is bordered by County Road (CR) 41 and CR 28 to the west and
north, respectively. The facility will be located on two (2) parcels of
land utilizing existing infrastructure for the water storage and
supply load out facility utilizing water permitted through the State
Engineer's office. Groundwater from wells will be pumped to the
load out facility through a centrally located water transmission
pipeline. The transient Liquefied Natural Gas (LNG) fueling station
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requires little site improvements other than a parking area and fuel
transfer location.
6) Section 22-5-140.A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources."
Further, Section 22-5-140.A.2 (AE.Policy 1.2) states: "Support the
development and use of biofuels." The second component
associated with the water load out facility is the non -retail transient
LNG fueling station. This facility will be utilized by the water trucks
frequenting the water depot.
7) Section 22-2-80.D (I.Goal 4) states: `All new industrial
development should pay its own way" The applicant will be
paying for all on -site and off -site improvements associated with
this use, as required through the improvements agreement.
8) Section 22-4-30.A (WA.Goal.1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure." The proposed groundwater load out facility will
provide a valuable and indispensable service to oil and gas
companies. The centralized location for load out minimizes the
removal of agricultural land from production.
9) Section 22-4-30.A.1 (WA.Policy 1.1) states: `Acknowledge a water
right as real property that is held by the individual or entity that has
developed or maintained the water decree." The State Engineer,
Division of Water Resources, permitted more than one (1) well for
industrial and commercial use via truck hauling.
10) Section 22-4-30.6 (WA.Goal.2) states: "Strive to maintain and
protect water supply storage facilities, conveyances and
infrastructure adequate to sustain continued water use." The
allocation of groundwater and installing a central groundwater load
out facility is an appropriate use in an agricultural area. In fact,
the proposed use would ultimately reduce the impacts of oil and
gas operations in the area because utilizing local groundwater for
production would generate less noise, dust, traffic and waste.
11) 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"
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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1) Section 23-3-40.A.2 of the Weld County Code provides for a Site
Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development, including Oil and Gas Support
and Service (water supply and storage) and any use permitted as
a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts, (non -retail transient
liquefied natural gas (LNG) fueling station and a parking area) in
the A (Agricultural) Zone District
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in a rural agricultural area on parcels containing improvements, including
the water depot upload facility, the large holding pond and internal road
infrastructure. Adjacent properties are utilized for the Morwai 6,000 -head
dairy adjacent to the north and east, for range and grazing lands to the
west, a salvage yard and soil remediation facility to the south and range
and grazing lands to the north. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties. There are a few
residences in the immediate area, with the nearest residence located
approximately 2,300 feet to the southwest of the water depot site.
Conditions of Approval and Development Standards will ensure that this
use will be compatible with surrounding land uses.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within the three-mile referral area
for a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within a
Special Flood Hazard Area (SFHA). Building permits issued on the
property 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
"Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The two lineal shaped parcels,
comprising the two sites, have historically been in rangeland.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
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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 John Moser, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0001, for a Mineral Resource Development,
including Oil and Gas Support and Service (water supply and storage) and any use permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, (non -retail transient liquefied natural gas (LNG) fueling station and a parking area) 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 plat shall be prepared per Section 23-2-260.D of the Weld County
Code.
B. All sheets of the plat shall be labeled USR13-0001.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) CR 28 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
10 feet shall be delineated on the plat as future CR 28
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. 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. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
3) CR 41 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way. An additional
10 feet shall be delineated on the plat as future CR 41 right-of-way
south of the "T" intersection with CR 28. All setbacks shall be
measured from the edge of future right-of-way. 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. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
4) CR 41 north of the "T" intersection with CR 28 is designated on
the Weld County Road Classification Plan as a Section Line road
with right-of-way in Section 28 only.
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5) The oil and gas setback radiuses for existing wellheads and tank
batteries on the site shall be indicated in accordance with
Section 23-3-50.E of the Weld County Code.
6) The facility has proposed one (1) access for the water depot, the
LNG facility and the Morwai Dairy. Appropriate signage is required
for this shared internal access road. Large radiuses (60 feet) are
required at the access point to allow for large trucks turning into
each site.
7) The applicant shall show the approved access on the USR Map
and all other figures and plan sets, and label with the Access
Permit number (AP12-000390).
8) The applicant shall show and label the truck staging area and
address questions as to how many trucks may be staged to fill at
any one time.
9) The applicant shall show and label the outdoor parking and
storage areas located to the north of the LNG facility. Dimensions
of parking areas shall be indicated on the plat (minimum 30 -
degree parking space dimensions are 9 feet x 94 feet).
10) The approved Lighting Plan.
11) The applicant shall show and label the Stop sign at the facility
access.
D. The applicant shall address the requirements (concerns) of the Weld
County Department of Public Works, as stated in the referral response
dated January 31, 2013. This includes off -site improvements, on -site
improvements, transportation related items, haul route signs and routes
as approved by Public Works. The applicant provided a Preliminary
Drainage Report, dated November 30, 2012, signed and stamped by
Chad A. TeVelde (PE 45122) with AGPROfessionals, LLC.
E. The applicant shall submit a Lighting Plan with applicable cut -sheets to
address the on -site lighting for the water depot, the LNG facility and the
associated outdoor parking associated with both, for review and approval.
F. An Improvements and Road Maintenance Agreement, including
upgrades and maintenance of the haul route, is required. Roadway
improvements may be triggered due to heavy truck traffic associated with
the facility including turn lanes; the following is a list of the triggers for turn
lanes:
1) 25 vph turning right into the facility during a peak hour.
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2) 10 vph turning left into the facility during a peak hour.
3) 50 vph turning right out of the facility during a peak hour
G. The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment.
H. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the state requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
The applicant shall apply for a partial vacation of USR-1201 to reflect the
downsizing of the Use by Special Review Permit (USR-1201) for a
6,000 -head dairy to the boundary of Lot C of RECX12-0073. Further, the
applicant shall submit the applicable mapping for this action.
2. Upon completion of Condition of Approval #1 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. Upon approval of
the plat, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. Prior to the Release of Building Permits:
A. A Building Permit Application must be completed and two (2) complete
sets of plans, including Engineered Foundation Plans bearing the wet
stamp of a Colorado registered architect or engineer, must be submitted
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for review. A Geotechnical Engineering Report performed by a registered
Colorado engineer shall be required.
B. Buildings 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, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
Building height shall be measured in accordance with the 2012
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
D. A commercial building permit may be required for all new construction.
E. Electrical permits will be required for all wiring to pumps, equipment and
exterior lights.
F. A plan review shall be approved and a permit must be issued prior to the
start of construction.
5. One month prior to the start of construction:
A. The applicant shall submit a grading permit showing proposed grading,
erosion control placement, typical details for all Best Management
Practices (BMP's) to be utilized, and a Construction Stormwater Permit
from the Colorado Department of Public Health and Environment. The
permit must be stamped by a registered professional engineer licensed in
the State of Colorado. The grading permit will not be released until the
applicant has signed the Improvements Agreement, posted collateral, and
submitted the USR plat for recording. Evidence of Department of Public
Works approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall contact the Permitting/Inspection agent for Weld
County Department of Public Works, for a Right -of -Way permit for any
work that may be required in the right-of-way on county roads. 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.
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C. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment (CDPHE).
D. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved
CDPHE Stormwater Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
ATTEST:
o�,u-a.osv��0O0�
Weld County Clerk to the Board
BY: r
Deputy Cler
APP
the Board
my ttorney
Date of signatureAPR . ~ 2013
illiam F. Garcia. Chair
wr(2,_-r.)
alivtg
ougls Rademacher, Pro -Tern
P. Conway
e Freeman
Barbara Kirkmey
r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN MOSER
USR13-0001
1. Site Specific Development Plan and Use by Special Review Permit, USR13-0001, is for
Mineral Resource Development, including Oil and Gas Support and Service (water
supply and storage) and any use permitted as a Use by Right, Accessory Use or Use by
Special Review in the Commercial or Industrial Zone Districts, (non -retail transient
liquefied natural gas (LNG) fueling station and a parking area) in the A (Agricultural)
Zone District, and 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. Hours of operation shall be 24 -hours a day, seven (7) days per week.
4. The water supply and storage, LNG facility, and parking are operated as an unmanned
site.
5. 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.
6. 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.
7. 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 the approved Waste Handling
Plan, at all times.
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
non -specified Zone District as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on site for less
than two (2) consecutive hours a day and there are 10 or less customers or visitors per
day, portable toilets 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.
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DEVELOPMENT STANDARDS (USR13-0001) - JOHN MOSER
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11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
12. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should be captured in above -ground containment areas for
reuse or allowed to infiltrate. There shall be no discharge from this process to surface
waters or to the facility's stormwater management system, in accordance with the Rules
and Regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
13. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
14. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14), as applicable.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The LNG facility, as permitted, is not open for sale to the general public. Should this
designation change, an amendment may be required. Private contracts are expressly
permitted.
17. There shall be no parking or staging of vehicles on county roads.
18. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of
12 -inches until the area is completely developed.
19. 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.
20. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMP's).
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. This area is not in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
23. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use of the adjacent
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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.
25. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
26. 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
27. A Building Permit Application must be completed and two (2) complete sets of plans,
including Engineered Foundation Plans bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering Report
performed by a registered Colorado engineer shall be required.
28. Buildings 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, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
29. Building height shall be measured in accordance with the 2012 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
30. Building permits may be required for buildings, structures and change of use for
buildings which required permits before the beginning of construction or the proposed
change of use.
31. A building permit may be required for any new construction, alteration, or addition to any
building on the property. It is recommended that a code analysis be done on the project
by a design professional with experience in this area.
32. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
33. If required, the applicant will obtain a fire permit.
34. 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
35. The property owner or operator shall be responsible for complying with the Design
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Standards of Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code
37. 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.
38. 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.
39. 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.
40. 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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