HomeMy WebLinkAbout20100152.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1695 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICES (WATER SUPPLY AND
STORAGE, POTASH MIXING AND STORAGE, AND PRODUCTION PIPE AND
EQUIPMENT STORAGE AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT -
A &W WATER SERVICE, INC.
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 23rd day
of December, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of A & W Water Service, Inc., 1892 Denver Avenue, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1695 for a Mineral Resource Development Facility, including Oil and Gas Support and
Services (water supply and storage, potash mixing and storage, and production pipe and
equipment storage area) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Part of the E112 of Section 31, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on December 23, 2009, the Board deemed it advisable to
continue the matter to January 27, 2010, since the Planning Commission hearing was continued
from December 1, 2009, to January 5, 2010, and
WHEREAS, at said hearing on January 27, 2010, the Board deemed it advisable to
continue the matter to March 3, 2010, at the applicant's request, because the proper notice sign
was not posted on the property at least ten days prior to the hearing date, and
WHEREAS, on March 3, 2010, the applicant was represented by Chrysten Hinze, Lind,
Lawrence, and Ottenhoff, LLP, 355 Eastman Park Drive#200, Windsor, Colorado 80550, 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:
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SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC.
PAGE 2
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 22-2-60.2.G (A.Policy 7.2) states, "Conversion of agricultural land
to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region." The
proposed facility is in an appropriate location due to the proximity and
direct access to State Highway 60, the proximity to U.S. Highway 85
(which assists in reducing impacts to the County Road system), and to
the residents who utilize the County road system. Conditions of Approval
and Development Standards regarding screening are proposed, along
with limitations of hauling hours, to mitigate impacts associated with the
use and ensure compatibility with the surrounding area. Section 22-5-
100.A (OG.Goal 1) states, "Promote the reasonable and orderly
exploration and development of oil and gas mineral resources." This use
provides a support function for the development of oil and gas mineral
resources. Section 22-2-80.D (I.Goal 4) states, "All new industrial
development should pay its own way." A&W Water Service, Inc., and any
successors, will be paying for all on-site and off-site improvements
associated with this use, as required through the Improvements
Agreement.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Oil and Gas Support and Services 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 facility is located
in a rural agricultural area on a parcel containing an existing abandoned
residence and outbuilding in the southeast corner of the site. There are
existing oil and gas production facilities (tank batteries, wells, and
separators operated by Kerr-McGee) located in the eastern and northern
areas of the property. The nearest single-family residences are located
approximately 700 feet west of the commercial well operation and water
storage component of the operation, and approximately 750 to 900 feet
north of the proposed pipe and equipment storage area. Another
residence is located approximately one-quarter mile to the northeast of
the site (off of County Road 25.5). This site is located approximately
one-half mile north of an existing oil and gas storage facility (pipe and
production equipment storage) approved through USR-1662 in
October, 2008. Traffic from the site will access directly onto State
Highway 60, via a road directly west of County Road 38.5 (this road will
be used exclusively by the applicant). The applicant is proposing to
screen the use with a six-foot opaque fence along the south end of the
USR boundary, in conjunction with a berm along State Highway 60. The
Conditions of Approval and Development Standards require screening of
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the property with an opaque fence or berm, limiting truck hauling hours to
predominately daylight hours, and submittal of a Noise Control Plan with
proposed mitigation measures to address noise concerns raised by
property owners adjacent to the water well and tank storage area.
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 the three-mile referral area for
the Towns of Gilcrest, Platteville, and Milliken. No referral response has
been received from the Town of Gilcrest. The Town of Platteville
indicated no conflicts with its interests, as stated in the referral response
received March 11, 2009. The Town of Milliken, as stated in the referral
response received April 2, 2009, indicated that new developments within
the growth areas of existing municipalities should be serviced by
municipal/district water and sewer systems whenever possible, and that a
requirement for connection to water and sewer at an appropriate time, or
when proximate to service lines, should be a Condition of Approval for
this application. The applicant proposes to connect to the Central Weld
County Water District and provide sewage disposal through an Individual
Sewage Disposal System (I.S.D.S.).
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay District. Effective January 1, 2003, 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 August 1, 2005,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/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 (Irrigated)," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Portions of the site consist of recharge
ponds associated with augmentation of commercial and industrial wells
on the property.
g. Section 23-2-230.8.7 -- 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.
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SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of A & W Water Service, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1695 for a Mineral Resource
Development Facility, including Oil and Gas Support and Services (water supply and storage,
potash mixing and storage, and production pipe and equipment storage 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 in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1695.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) The approved Lighting Plan (if any on-site lighting is proposed).
4) The applicant shall delineate on the plat drawing a schematic of
the improvements at the intersection, the left-turn slot, including
lane widening, tapers, adequate turning radii, the extension of the
pavement, all rights-of-way, easements, and haul route signs
located in the appropriate location prior to entering State
Highway 60. The following note shall be added to the plat
drawing, "Traffic improvements at the intersection of State
Highway 60 and the site access shall be designed and installed
per CDOT standards. Permit and planning will be coordinated
with CDOT for this construction." Also, as a part of this Condition,
a Final Drainage Plan and Report for the site shall be approved by
the Department of Public Works.
5) The dimensions of the parking area shall be indicated on the plat
(minimum 90-degree parking space dimensions are 9 feet by 19
feet) and the handicapped parking spaces shall meet the
Americans with Disabilities Act (ADA) requirements.
6) The equipment storage and the general location of truck parking
shall be identified on the plat drawing. The future pipe and
equipment storage area shall be moved on the plat to the same
location as on the drainage plat.
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7) The secondary containment structure(s) surrounding each tank
battery used for slurry storage or mixing shall be indicated on the
plat.
8) Traffic circulation (to and from the equipment storage area) shall
be indicated on the plat.
D. A Fugitive Particulate Emissions Control Plan (Dust Control Plan) shall be
submitted to, and approved by, the Weld County Department of Public
Health and Environment. Written evidence of such shall be provided to
the Department of Planning Services.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Weld County Department of Public Health and Environment. Evidence of
Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
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 of
(including the facility name, address, and phone number).
F. If applicable, the applicant shall obtain Stormwater Discharge Permit
coverage from the Colorado Department of Public Health and
Environment, Water Quality Control Division, for construction activities.
Written evidence of such shall be provided to the Departments of
Planning Services and Public Health and Environment.
G. Building permit applications shall be submitted for the existing water
storage tanks currently located on the property. Evidence that the
required permits have been applied for shall be submitted to the
Department of Planning Services.
H. A secondary containment structure surrounding each tank or battery of
tanks, used for slurry storage or mixing, shall be constructed. The
volume retained by the structure shall be 110 percent greater than the
volume of the largest tank inside this structure. The structure shall
prevent any release from the tank system from reaching land or waters
outside of the containment area, prior to cleanup. The following shall not
apply to tanks raised on skids, risers or other means, allowing the bottom
of the tanks to be viewed for inspection: For tanks stored in direct contact
with the ground, a concrete secondary containment structure (floors and
walls) shall be constructed. The structure shall be designed by a
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Colorado registered professional engineer. The Department will consider
structures, other than those constructed of concrete, so long as a
Colorado registered professional engineer provides a certification
indicating that the proposed structure meets, or exceeds, the expected
functionality of a concrete structure in regard to containment, spills,
unintended releases, etcetera. Evidence of approval of the design by the
Department of Public Health and Environment, and evidence that
appropriate building permits have been applied for the containment
facility, shall be provided to the Department of Planning Services.
If the applicant intends to use the septic system serving the existing
residence, the system shall be reviewed by a Colorado registered
professional engineer. The review shall consist of observation of the
system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current Weld County I.S.D.S. regulations. Written
evidence of Department of Public Health and Environment approval shall
be provided to the Department of Planning Services. In lieu of the
foregoing, a written statement submitted to the Department of Public
Health and Environment, stating that the applicant will not be putting the
existing septic system into use but will, instead, be installing a new
system to be permitted by the Department, will satisfy this Condition.
J. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated December 9, 2009, except as is otherwise set forth in the
Conditions of Approval and Development Standards of this Resolution,
and except as follows: 1) that the reference to 300 feet of paving shall be
limited to paving of the east 100 feet of the site access road with a double
cattle guard, and installing the Stop sign and haul route sign in the
appropriate locations, approved by the Department of Public Works, prior
to recording the plat; 2) the spillway as presently proposed, with rip-rap
and erosion protection, is acceptable if located on property owned by
A and W Water Service, Inc., and not within the existing right-of-way for
State Highway 60; 3) existing USGS topographical data is acceptable to
show the topography for 200 feet outside the USR boundary; and 4)
otherwise approved by the Department of Public Works. Evidence shall
be submitted, in writing, to the Weld County Department of Planning
Services.
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and collateral shall be
posted for the work to be completed. The agreement and form of
collateral shall be submitted to, and reviewed by, the Departments of
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Planning Services and Public Works and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat.
L. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval.
M. Screening, west and north of the water supply and storage area, as
delineated on the Screening Plan, shall be accomplished prior to
recording the plat. Temporary opaque screening may be utilized if the
applicant proposed to install a berm with cover vegetation which cannot
be installed until the spring season. Evidence that screening has been
installed shall be provided to the Department of Planning Services, for
review and approval prior to recording the plat.
N. A Lighting Plan (if any on-site lighting is proposed), including cut sheets of
the intended lights, shall be provided to the Department of Planning
Services, for review and approval. The Lighting Plan shall adhere to the
lighting requirements for off-street parking spaces, per Section 23-4-30.E
of the Weld County Code, and shall adhere to the lighting requirements in
accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County
Code. Further, the approved Lighting Plan shall be indicated on the plat.
O. The applicant shall attempt to address the requirements of the
Platteville/Gilcrest Fire Protection District, as stated in the referral
response received April 2, 2009. Written evidence of such shall be
provided to the Department of Planning Services.
P. The applicant shall address the requirements of the Farmers Independent
Ditch Company, as outlined in the letter from Bernard Lyons Gaddis and
Kahn, dated October 28, 2009. Written evidence of such shall be
provided to the Department of Planning Services.
Q. The Colorado Department of Transportation (CDOT) has jurisdiction over
the accesses onto State Highways. The applicant shall address the
requirements of CDOT, as stated in the referrals received December 2,
December 9, and December 28, 2009, including CDOT's requirements
concerning the secondary access on the north side of the USR, which is
limited to emergency and oil and gas uses. Written evidence of such
shall be provided to the Department of Planning Services.
R. The applicant shall submit a Noise Control Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment and to the Department of
Planning Services. Evidence of Health Department approval shall be
provided to the Department of Planning Services.
S. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
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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.
2. The applicant shall submit three (3) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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 eighty (180) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
4. 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.
5. Prior to the Release of Building Permits:
A. A building permit application must be completed, and two 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 Colorado registered
engineer shall be required.
B. Setback and offset distances shall be determined by the appropriate
codes in effect at the time of submittal of building permit application.
Currently, setbacks are determined by the 2006 International Building
Code (Offset and setback distances are measured from the farthest
projection from the structure).
C. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
D. A letter is required from the Platteville/Gilcrest Fire Protection District, as
to whether a fire permit will be required.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
E 1, %WELD COUNTY, COLORADO
ATTEST:"3 i % . - ,e
•�Lij] gl.s Rade acher, Chair
•Weld County Clerk to the B . fl?
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, . 4,4:arbaraKi ye�em /
Cl �,
De. ty Cler t. the Board
Sean P. or
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AP ED AS2O M: l`
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David E. Long
Date of signature: 316)10
2010-0152
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
A &W WATER SERVICE, INC.
USR-1695
1. Site Specific Development Plan and Use by Special Review Permit #1695 is for a
Mineral Resource Development Facility, including Oil and Gas Support and Services
(water supply and storage, potash mixing and storage, and production pipe and
equipment storage area) in the A (Agricultural) Zone District, and is 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. Hauling hours (truck trips to and from the facility) shall be as follows: most hauling will
occur between the hours of 6:00 a.m., and 8:00 p.m., Monday through Sunday. Oil field
demands may require hauling outside of daylight hours, between the hours of 8:00 p.m.,
and 6:00 a.m., Monday through Sunday. The applicant shall make all reasonable
attempts to mitigate any adverse effects caused by hauling operations outside of
daylight hours.
4. The maximum number of employees employed at the site shall be fifteen (15).
5. Trucks from the project site accessing U.S. Highway 85 must use State Highway 60
south, or County Roads 40, 42, or 44, or other paved roads east, as direct access to
U.S. Highway 85 from the site. Trucks shall not use County Roads 38 or 38.5, east of
Highway 60, to access U.S. Highway 85.
6. The applicant shall be required to obtain any overweight or overwidth permits, as
needed, from the Weld County Department of Public Works and/or the Colorado
Department of Transportation (CDOT).
7. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
8. Slurry unloading/truck loading operations shall be conducted, so as to prevent any
release from the tank system from reaching land or waters outside of the containment
area or portable containment devices prior to clean up. Spill prevention measures shall
be employed when making connections and during loading/unloading operations.
Portable containment, such as drip pans, shall be available for use.
9. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills shall be captured in aboveground containment areas and
allowed to infiltrate. There shall be no discharge from this process to surface waters or
to the facility stormwater management system in accordance with the Rules and
Regulations of the Colorado Water Quality Control Commission and the Environmental
Protection Agency.
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10. No permanent disposal of wastes shall be permitted -at this site. Any liquid or solid
wastes shall be stored and removed for final disposal in a manner which protects against
surface and groundwater contamination.
11. Fugitive dust shall be controlled on this site. The facility shall comply with the approved
Fugitive Dust Control Plan.
12. 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.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets may be utilized on the site for up to six (6)
months, or until the office building, pipe storage yard, or potash facilities are utilized
(whichever occurs first). The applicant may utilize portable toilets for an additional
twelve (12) month period (beyond the initial 6 month period) if permission is granted by
the Board of County Commissioners. After these periods have elapsed, an Individual
Sewage Disposal System shall be required.
14. Upon implementation of the pipe and storage yard, the potash mixing facility, or the
office, whichever first occurs, a permanent adequate water supply shall be provided for
drinking and sanitary purposes.
15. Waste materials shall be handled, stored, and disposed of in a manner which 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.
16. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
17. This facility shall comply with the laws, standards, rules, and regulations of the Water
Quality Control Commission, Air Quality Control Commission, Hazardous Materials and
Solid Waste Division, and any other applicable agency.
18. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
19. 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. 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.
20. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
21. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/drainage Impact Fee Programs.
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22. With the exception of the existing commercial well operation, 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
26. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
27. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
28. Weld County shall not be responsible for the maintenance of on-site drainage related
structures.
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