HomeMy WebLinkAbout20112817.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0004, FOR AN OIL AND GAS SUPPORT FACILITY (WATER
HAULING) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(MAINTENANCE AND FABRICATION OF NEW AND EXISTING TRUCKS), PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL)
ZONE DISTRICT- SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY
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 26th day
of October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Soto Gonzales, P.O. Box 787, Moxee, Washington 98936, c/o Foster
Trucking, Inc. / Donn Foster and Mary Lee Hardy, P.O. Box 513, Kersey, Colorado 80644, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0004, for an Oil and
Gas Support Facility (water hauling) and any use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone District (maintenance and
fabrication of new and existing trucks), provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, 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 #4573; being
part of the N1/2SW1/4 of Section 1, Township 5
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Cameron
Knapp, Drexel BarrelI Engineering, 6513 West 4th Street, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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 roust-a-bout and excavating service facility
is presently in operation on the site and is located in an area that allows
good access to the oil field. Further, Section 22-2-100.E (C.Goal 5)
states, "Minimize the incompatibilities that occur between commercial
uses and surrounding properties." The proposed facility lies between the
Colorado Department of Transportation Service Yard and a
manufacturing facility, Marcy Equipment — Farm Machinery and
Equipment Manufacturing Company, to the west. Adjacent lands to the
south are the Ogilvy Ditch and bottomlands associated with the Cache La
Poudre River corridor. Lands to the north are in agricultural production.
Access is onto County Road 60.5, which is heavily traveled, as it is old
Highway 263, but it is now under Weld County's jurisdiction.
Section 22-2-20.B.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial uses should be encouraged to locate in
areas that minimize the removal of agricultural land from production."
The site is on two lots, Lot A and Lot B of Recorded Exemption, RE-4573,
which consists of 9.03 acres. There are physical improvements located
on the site and there are plans to remove all existing structures. There is
no irrigation water associated with the parcel. The applicant is proposing
an on-site septic system and the water will be provided by the North Weld
County Water District.
b. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.R of
the Weld County Code provide for Oil and Gas Support and Service and
any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (the maintenance
and fabrication of new and existing trucks), as a Use by Special Review 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 surrounding
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properties have large tract agricultural lands to the north and west, with
the Cache La Poudre River and Ogilvy Ditch adjacent to the south and
the CDOT facility adjacent to the north. There are seven (7) property
owners on five (5) parcels within 500 feet of this proposed facility. There
have been no letters, electronic mail, or telephone calls received for this
land use proposal. The 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 located within three miles of the Cities of Evans
and Greeley, and the Town of Kersey. The City of Greeley returned a
referral indicating no conflict from planning and had several
recommendations for the civil engineering components. The City of
Evans and Town of Kersey did not return a referral indicating a conflict
with their interests.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within a
recognized overlay district, including the Special Flood Hazard Area
Overlay District. Portions of the property south of the Ogilvy Ditch are
located in the 100-year floodplain of the Cache la Poudre River.
Currently, there is no development shown south of the ditch. As long as
the development stays out of the floodplain, a Flood Hazard Development
Permit (FHDP) is not required. If development is proposed in the
floodplain, an FHDP will be required. The site is not within the Geologic
Hazard Overlay District. Effective April 25, 2011, building permits issued
on the proposed lots 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 lots will be required to adhere to
the fee structure of the 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 for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County, dated 1979, designated
the soils on this property "Other". The site is a terrace bordered by
County Road 60.5 to the north and the Ogilvy Ditch to the south, before
drooping down to the Cache La Poudre River floodplain. The site is
bisected by the Ogilvy Ditch, rendering half of the site inaccessible and
within the riparian corridor of the River. Given this condition, the
accessible lands of the upland terrace currently has little agricultural
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production, with the exception of the grazing of goats, therefore, the
applicant is utilizing the property for the highest and best use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Soto Gonzales, c/o Foster Trucking, Inc. / Donn
Foster and Mary Lee Hardy, for a Site Specific Development Plan and Use by Special Review
Permit, USR11-0004, for an Oil and Gas Support Facility (water hauling) and any use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone District (maintenance and fabrication of new and existing trucks), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions, 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 USR11-0004.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 60.5 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 ten (10) feet shall be delineated on the
plat as future County Road 60.5 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. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
3) The retention and drainage facilities to be within a drainage
easement which has been described on the plat and labeled as a
"No Build or Storage Area".
4) FEMA has recently accepted the 2003 Army Corps of Engineers
study as the effective floodplain for the Poudre River. The
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applicant shall verify that the floodplain boundaries shown on the
plat are based on the 2003 Army Corps of Engineers study. If the
boundaries are based on the September 28, 1982, FIRM, the
boundaries shall be updated.
5) All parking for this site must be off-street and internal and
delineated on the plot plan map. Each parking space shall be
equipped with wheel guards, or curb blocks, to prevent vehicles
from coming into contact with walls or other structures.
6) The plat should reflect a vehicle tracking control pad. This should
consist of 100 feet of asphalt with double cattle guards. The
typical (preferred) option, dated August 2001, as provided by the
Department of Public Works, shall be shown on the plat drawing.
7) This land use application is on two separate legal parcels;
therefore both Lots A and B of RE-4573 shall share a joint access,
with a minimum width of thirty (30) feet; fifteen (15) feet on each
side of the property line.
8) A Stop sign will be required to be installed at the facility access
onto County Road 60.5. The access will have a 60-foot radius to
accommodate the larger trucks entering and exiting the site, as
well as a double cattle guard tracking pad improvement.
9) The plat shall reflect off-street parking spaces, including the
access drive, which shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent
drainage problems.
10) The label for State Highway 263 shall be changed to show County
Road 60.5.
D. The applicant must address the requirements/concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
August 16, 2011. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant must address the requirements/concerns of the Weld
County Department of Public Health and Environment, specifically:
1. 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:
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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).
2. The applicant shall provide written evidence that any water
sources used in the water hauling operation are from a legal
source.
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. With approval, the Lighting Plan
information shall be graphically delineated on the plat.
G. The City of Greeley provided information regarding the Civil drawings
associated with this application and had advisory comments and
recommendations specific to the Floodplain and water quality
components of the application. The applicant shall review the information
and use it to address the issues raised accordingly.
H. The applicant shall enter into an Improvements Agreement to cover
on-site and off-site improvements and road maintenance.
The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2. Prior to the Release of Building Permits:
A. Building permits shall be obtained prior to the construction or change of
use of any building. Buildings shall conform to the requirements of the
codes adopted by Weld County at the time of permit application. Each
building will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado
registered engineer. The applicant shall provide a notification letter of
approval from the Fire Protection District having jurisdiction prior to new
construction.
B. A plan review is required for each building. Plans require the wet stamp
of a Colorado registered architect or engineer.
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C. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include
the 2006 International Residential Code, 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing
Code, 2006 International Fuel Gas Code, 2006 International Energy
Conservation Code, 2008 National Electrical Code, and Chapter 29 of the
Weld County Code.
D. Each building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection performed by
a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
E. Fire resistance of walls and openings, construction requirements,
maximum building height and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by the Weld
County Code.
F. Building height shall be measured in accordance with the 2006
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.
G. The applicant shall provide a letter of notification from the Fire Protection
District having jurisdiction prior to any new construction.
3. Prior to the Issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered engineer 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.
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C. The existing septic system must be abandoned in accordance with
Section 30-7-70 of the Weld County Code pertaining to individual sewage
disposal systems.
4. Upon completion of Condition of Approval #1 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
sixty (60) 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.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge may be 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 26th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WEIiD COUNTY, COLORADO
arbara Kirkmeyer, hair
Weld County Clerk to the Board 7 C -E '^�J an P. 'o ay, Pro-Terre
BY:
Deputy rk to the Boar 61 ,
; ` "F.O Garcia
APPROVED AS TO F6RM: r�
-I David E.Lonok Long
.c6unty Attorney
Dougl s Radem her
Date of signature: It/5-%/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SOTO GONZALES,
C/O FOSTER TRUCKING, INC. / DONN FOSTER AND MARY LEE HARDY
USR11-0004
1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is
for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District (maintenance and fabrication of new and existing trucks), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural)
Zone District, as indicated in the application materials on file 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. 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, at all
times.
7. 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.
8. 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, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant may
provide evidence from the APCD that they are not subject to these requirements.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
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11. All potentially hazardous chemicals must be 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). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply (North Weld County Water
District).
15. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. Access to the site shall be from County Road 60.5 at the location as designated by the
approved Access Permit.
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 twelve
(12) inches until the area is completely developed.
19. 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.
A Drainage Report was not required for this location, as it is located within the 100-year
floodplain of the Cache La Poudre River. The applicant has indicated that the
stormwater runoff will follow historic drainage paths.
20. 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.
21. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
22. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the owner.
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23. The applicant is required to comply with all Colorado Department of Public Health and
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
24. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting and protection, and construction of stormwater discharges.
25. An annual road inspection will be performed in the spring to establish the condition of
County Road 60.5 to determine if any road damage was caused by the operation of the
loading facility.
26. The applicant will be responsible to excavate, repair, or patch any damage on the
roadway to mitigate for heavy truck traffic created by the loading facility. The type and
method of repair will be determined by the Department of Public Works. If road damage
is beyond repair, the applicant will pay their proportional share for the reconstruction to
restore the road.
27. 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:
A. 25 vph (vehicles per hour) turning right into the facility during a peak hour.
B. 10 vph turning left into the facility during a peak hour.
C. 50 vph turning right out of the facility during a peak hour.
28. No parking or staging of commercial vehicles on the county road is allowed. The
applicant shall use the on-site parking area.
29. A portion of the property lies in a Special Flood Hazard Area (SFHA) defined by the
Federal Emergency Management Agency (FEMA). This SFHA is delineated on the
current effective Flood Insurance Rating Map (FIRM), panel number #080266-0645D,
dated June 10, 2005. Portions of lots located in the current effective FEMA 100-year
floodplain may not be buildable.
30. Flood hazard development permits will be required for development activities located
within the FEMA mapped Poudre 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.
31. 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.
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32. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner shall contact Weld County to determine if the
floodplain boundaries have been modified.
33. 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.
34. 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 (Best Management
Practices) to be utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE Stormwater Permit.
35. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
36. All structures shall require building permits.
37. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets; and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
38. Hours of operation are 6:00 a.m., until 6:00 p.m., 365 days a year.
39. The number of employees associated with this facility is limited to thirty (30) persons.
40. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
41. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
42. 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.
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.
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PL0674
DEVELOPMENT STANDARDS - SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY (USR11-0004)
PAGE 5
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. 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.
48. 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.
2011-2817
PL0674
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