HomeMy WebLinkAbout20121347.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0005, FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING
OF COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO, THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS, SAND,
PIPE, AND STORAGE RELATED TO THE SAME) IN THE I-1 (INDUSTRIAL) ZONE
DISTRICT-WINDSOR RENEWAL I, LLC, C/O MUSKET CORPORATION
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 30th day
of May, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Windsor Renewal I, LLC, 252 Clayton Street, Denver, Colorado
80206, c/o Musket Corporation, 10601 Pennsylvania Avenue, Oklahoma City, Oklahoma 73120,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0005, for
Transloading (rail and truck transloading of commodities and materials, including but not limited
to, those for the oil and gas industries, grains, petroleum products, sand, pipe, and storage
related to the same) in the I-1 (Industrial) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RECX12-0013; being part
of the W1/2 and E1/2 NE1/4 of Section 26, Township 6
North, Range 67 West; part of the E1/2 NE1/4 of Section
27, Township 6 North, Range 67 West; and part of the
NE1/4 of Section 34, Township 6 North, Range 67 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Clay Drake, Windsor
Renewal I, LLC, and Michael Brake, JR Engineering, 7200 South Alton Way, Suite C100,
Centennial, Colorado 80112, 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.
A. Section 23-2-260.E. Supporting Documents. The following supporting
documents shall be submitted as part of the application: "Proof that a
water supply will be available which is adequate in terms of quantity,
quality and dependability (e.g., a well permit or letter from a water
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district)." The applicant has provided the County with a letter from the
City of Greeley, dated May 2, 2012, that states the City is working on an
interim water service agreement to provide water to the Musket site. The
County has conditioned the permit based on the applicant providing the
County with a signed extraterritorial water service agreement.
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 23-2-230.6.1 -The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-40. Urban development Goals and Policies.
(UD.Goal 1) states, "Concentrate urban development within
existing municipalities, an approved Intergovernmental Agreement
urban growth area, the Regional Urbanization Areas, County
Urban Growth Boundary Areas, Urban Development Nodes or
where urban infrastructure is currently available or reasonably
obtainable." The Musket project is located in an area where urban
infrastructure is currently available but not necessarily reasonably
obtainable. The City of Greeley provides water to the area and
the applicant is currently seeking a commitment from the City of
Greeley to serve the project with water. The Town of Windsor has
sewer mains in the vicinity of the project and the applicant is
currently seeking a commitment from the Town of Windsor to
serve the project with sewer. The current UGB boundary as
depicted in the County's GIS database and referenced via
http://propertyinfo.co.weld.co.us/, shows the proposed Musket
facility outside Windsor's Urban Growth Boundary. The Town of
Windsor has not contacted Weld County to amend the Urban
Growth Boundary, which would reflect any changes to utilities
such as sewer. UD.Policy 3.1 states, "In the absence of an
Intergovernmental Agreement Urban Growth Area, the County
recognizes a County Urban Growth Boundary." Weld County and
the Town of Windsor do not have an Intergovernmental
Agreement (AKA Coordinated Planning Agreement as referenced
in Chapter 19 of the Weld County Code) as of the date the Musket
project was received by the County. Weld County has
acknowledged Windsor's Urban Growth Boundary as depicted in
the County's GIS database and referenced via
http://propertyinfo.co.weld.co.us/. The Musket project is outside
the Urban Growth Boundary.
2) Sec. 22-2-80. Industrial development Goals and Policies.
a. (I.Goal 1) states, "Promote the location of industrial uses
within municipalities, County Urban Growth Boundary
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areas, Intergovernmental Agreement urban growth areas,
growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas,
Urban Development Nodes, along railroad infrastructure or
where adequate services are currently available or
reasonably obtainable." The Musket project is located in
an industrial area that is currently located in the
unincorporated limits of the County and is Zoned
I-1 (Industrial). The project is currently outside the Urban
Growth Boundary but located within Windsor's Growth
Management Area. The project is also adjacent to existing
rail infrastructure and is located near adequate services
that are available.
b. (I.Goal 6) states, "Minimize the incompatibilities that occur
between industrial uses and surrounding properties." The
Musket project is compatible with surrounding properties
and uses. The surrounding property is all zoned
I-1 (Industrial) in the County. The Town of Windsor's
municipal limits surround the site to the north, east, west,
and south. Windsor's most recent Land Use Map depicts
heavy industrial uses to the east, west, north, and south of
the Musket project.
c. (I.Policy 1.1) states, "Ensure that adequate industrial levels
of services and facilities are currently available or
reasonably obtainable to serve the industrial development
or district" There is currently water and sewer service
available to the area which can be made available to the
project site. The applicant has been working with the City
of Greeley and the Town of Windsor for water and sewer
service, respectively.
d. (I.Policy 1.2) states, "Encourage new industrial
development within existing industrial areas." The Musket
project is considered to be a new industrial use within an
existing industrial area.
e. (I.Policy 6.1) states, "Consider the compatibility with
surrounding land uses and natural site features." The
County believes that the Musket project is compatible with
surrounding land uses and natural site features. There are
several existing and proposed land uses that are industrial
and commercial in nature that include: Owens Illinois,
Vestas, Hexcel, Army National Guard, Halliburton,
Carestream Heath, Front Range Energy, and Kodak.
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f. (I.Goal 7) states, "Recognize the importance of railroad
infrastructure to some industrial uses." The County
recognizes that the Musket project relies on rail
infrastructure to support its business and the very nature of
transloading requires railroad infrastructure.
g. (I.Policy 7.1) states, "Support the continued and expanded
use of existing railroad infrastructure for industrial uses."
The Musket project is located adjacent to existing rail
infrastructure. The project will utilize the rail to transport oil
and other commodities. On a separate note, OmniTrax is
undergoing a project to extend the existing rail loop and
complete an internal track that will support similar industrial
uses.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The subject site is located within the
I (Industrial) 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 primarily industrial area on a parcel containing several
improvements, including two (2) large tanks located within an existing
containment area; one (1) utility shed; several pipelines located below
grade; and, oil and gas wellheads and tank batteries. Adjacent properties
to the north, east, west, and south are mainly utilized for Industrial uses.
The Conditions of Approval and Development Standards will ensure that
this use will be compatible with surrounding land uses.
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 the three-mile referral area for
the Town of Windsor and the City of Greeley. The City of Greeley did not
respond to the referral for the USR. The Town of Windsor responded
with several concerns in a referral dated April 25, 2012. A summary of
the concerns include access to Windsor's sewer; traffic impacts to
Eastman Park Drive, Crossroads Boulevard, State Highway 257, U.S.
Highway 34, and State Highway 392; and, impacts to the Town's Master
Drainage Plan. The Town of Windsor's Planning Commission and Town
Board recommend that the County deny the USR and refer the applicants
to the Town of Windsor for annexation. The applicant has addressed the
concerns dealing with traffic by modifying the haul routes from the site out
to State Highway 257.
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E. Section 23-2-230.6.5 — "The application complies with Article V of the
Weld County Code." The existing site is within the County-Wide Road
Impact Fee Area and the Capital Expansion Impact Fee and Drainage
Impact Fee areas. Effective April 25, 2011, building permits issued on the
proposed lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.6 — "The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use." The proposed facility is located on soils designated as
"Prime if Irrigated", per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The area has transitioned from
agricultural uses to industrial uses over time and the area is not
conducive for farming or any agricultural use. The total size of the parcel
is approximately 10 acres and the applicant intends to utilize the property
for industrial uses.
G. Section 23-2-230.6.7 — "There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County" 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 will ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
3. It is the opinion of the Board of Weld County Commissioners that the applicant
has shown compliance with the Design Standards (Section 23-3-350, Weld
County Code) as follows:
A. Section 23-3-350.1. Water Supply. "Uses located in the Industrial Zone
Districts shall have an adequate source of potable water." The owner has
demonstrated that the property will have an adequate source of potable
water. The City of Greeley currently serves the area with water, but
connection to a water line is pending approval through Greeley.
B. Section 23-3-350.J. Sewage Disposal. "Uses located in the Industrial
Zone Districts shall have adequate sewage disposal facilities."The owner
has demonstrated that the property will have an adequate source of
sewer. The Town of Windsor can serve the property with sewer, but
connection to the sewer line is pending approval by the Town of Windsor.
There is an existing sewer line located within 400 feet of the proposed
office. In the event the Town of Windsor is not willing to serve the
property at this time, the applicant has the right to apply for a septic
system permit.
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C. Section 23-3-350 D. Street Access. "Lots in the Industrial Zone Districts
shall have safe access to an approved Public or private Street. The
design designation of any street or highway as to type shall be in
conformance with that shown on the Thoroughfare Plan and/or the Master
Plan of the affected municipality." The owner has demonstrated that the
proposed traffic will comply with the Town of Windsor's referral comments
concerning traffic, as well as the County's concerns with access and haul
routes.
D. Section 23-3-300 — "The proposed use is consistent with the intent of the
1-1 (Industrial) Zone District" Section 23-3-310 of the Weld County Code
allows for A Site Specific Development Plan and Use by Special Review
Permit for Transloading and Uses Similar to (rail and truck transloading of
commodities and materials, including but not limited to those for the oil
and gas industries, grains, petroleum products, sand, pipe, and storage
related to the same) in the I-1 (Industrial) Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Windsor Renewal I, LLC, do Musket
Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0005, for Transloading (rail and truck transloading of commodities and materials,
including but not limited to, those for the oil and gas industries, grains, petroleum products,
sand, pipe, and storage related to the same) in the I-1 (Industrial) 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 a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas,
etcetera) and non-transportation (fencing, screening, drainage, etcetera)
items. The agreement and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners prior to
recording the USR plat. The applicant may submit evidence that all the
work has been completed and reviewed by the Departments of Planning
Services and Public Works.
B. The applicant shall submit a Dust Abatement Plan detailing on-site dust
control measures, for review and approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment.
C. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment
(CDL&E), Oil Inspection Section, for any aboveground storage tanks
located on the site. Alternately, the applicant may provide evidence from
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the CDL&E, Oil Inspection Section, that they are not subject to these
requirements.
D. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In accordance
with Section 3-6-1 of the Colorado Department of Labor and Employment
Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R.
1101-14), as well as EPA regulations (40 CFR Part 112).
E. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into State Waterways, if applicable.
F. 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:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
G. 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.
H. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral received April 23,
2012. Written evidence of such shall be provided to the Department of
Planning Services.
The applicant shall attempt to address the concerns of the Town of
Windsor, as stated in the referral received April 25, 2012.
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J. The plat for Recorded Exemption No. RECX12-0013 shall be recorded
with the Weld County Clerk and Recorder's Office.
K. The plat for Site Plan Review, SPR12-0001, shall be recorded with the
Weld County Clerk and Recorder's Office.
L. The applicant shall provide written evidence of an executed Water
Service Agreement from the City of Greeley, to the Department of
Planning Services.
M. The applicant shall attempt to obtain an executed Sewer Service
Agreement from the Town of Windsor. In the event that the Town of
Windsor fails to provide sewer to the applicant, the applicant may apply
for a septic system permit from the Weld County Department of
Environmental Health.
N. The applicant shall provide written evidence of an executed Access and
Haul Route Agreement that depicts the revised haul routes.
O. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0005.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The boundaries of the 100-year floodplain shall be shown and
labeled on the plat. Ensure that all parking and storage is outside
of these boundaries.
5) The trash collection areas shall be delineated. 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 scatted by wind or animals.
6) The plat shall delineate the location and size of the proposed sign.
7) The plat shall delineate the location of the lighting to be used on
the site.
8) The Department of Planning Services has determined from the
application materials that three (3) parking spaces and one (1)
ADA parking space will be required on the site at time of full
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buildout. Each parking space should be equipped with wheel
guards, where needed, to prevent vehicles from extending beyond
the boundaries of the space and from coming into contact with
other vehicles, walls, fences, sidewalks, or plantings.
9) 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.
2. One month prior to construction activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant may provide evidence from CDPH&E that they
are not subject to the CDPS requirements.
3. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval #1 and #3 above, 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.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. Conw , Chair
Weld County Clerk to the Board /,32, 7 C..
William F. Garcia, Pro-Tem
BY:
Deputy CI k to t e Boar # Etas EXCUSED
ara Kirkmeyer
�Nt11
1861 ••��_ '�•
APP D FORM: .74
ipa "• E. Lon•
/County Attorney Ouwl,
�ougl- Rademac -r
Date of signature: 7-/ d`
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WINDSOR RENEWAL I, LLC
C/O MUSKET CORPORATION
USR12-0005
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0005, is
for Transloading (rail and truck transloading of commodities and materials, including but
not limited to those for the oil and gas industries and petroleum products) in the
I-1 (Industrial) Zone District.
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 operations shall be 24 hours a day, seven days a week.
4. The number of employees shall be limited to fifteen (15) during the first phase of the
project.
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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
10. 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.
11. 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.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. The facility shall utilize the existing public water supply (City of Greeley).
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14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. The installation of any septic system within the 100-year floodplain shall comply with the
Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
16. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
17. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
18. Any petroleum contaminated soils on the facility shall be removed, treated, or disposed
of in accordance with all applicable rules and regulations.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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
twelve (12) inches until the area is completely developed.
21. No parking or staging of vehicles on the County road is allowed. The applicant shall use
the on-site parking area.
22. 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 the following: an
erosion and sediment control plan, a grading plan, installation details of all BMPs to be
utilized, typical installation and maintenance notes for all Best Management Practices to
be utilized, and a copy of the approved CDPHE stormwater permit.
23. 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.
24. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
25. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the property owner.
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26. WARNING: LOTS MAY NOT BE ELIGIBLE FOR BUILDING PERMITS DUE TO
FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of
Lots A and B of Recorded Exemption No. RECX12-0013 may not be able to obtain
building permits to construct structures. All construction or improvements occurring in
the floodplain, as delineated on Federal Emergency Management Agency FIRM
Community Panel Map #0802660-605D, dated September 27, 1991, and updated by the
FEMA approved Physical Map Revision, dated December 14, 2009, shall comply with
the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3, of
the Weld County Code and all applicable FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65.
27. Flood hazard development permits will be required for future development activities
located within the FEMA mapped John Law Ditch Floodplain. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
29. 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.
30. 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; and neither direct nor reflected light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets, and no colored lights
may be used which may be confused with, or construed as, traffic control devices.
31. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
32. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-3-350 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-3-360 of the Weld County Code.
35. 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.
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DEVELOPMENT STANDARDS(USR12-0005)-WINDSOR RENEWAL I,LLC,CIO MUSKET
CORPORATION
PAGE 4
36. 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.
37. 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.
38. All 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: 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Energy Code, 2006 International
Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code,
and Chapter 29 of the Weld County Code.
39. 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.
2012-1347
PL2161
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