HomeMy WebLinkAbout20182969.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0044, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING A CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE,
OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT - TRICYCLE LANE TEXAS, LLC
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 3rd day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tricycle Lane Texas, LLC, 301 Centennial Drive, Milliken, CO 80543, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral
Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office,
outdoor truck and employee parking in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Corrected Lot B of 2nd Amended Recorded
Exemption, RE -1053; being part of the SE1/4 of
Section 12, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Attorney, Mark Johnson,
301 Centennial Drive, Milliken, CO 80543 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 unfavorable
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/are not 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 23-2-230.6 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 ordinances in effect.
1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement (IGA) area, Urban Growth
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Boundary area, Regional Urbanization Area or Urban Development
Nodes, or where adequate services are currently available or
reasonably obtainable. A municipality's adopted comprehensive
plan should be considered, but, should not determine the
appropriateness of such conversion." The proposed facility is
located within the Intergovernmental Agreement Area (IGA)
between Weld County and the Town of Kersey. This site, while
located within the IGA for the Town of Kersey and within the Kersey
Influence Area, is located in an "Undetermined Use" area per the
Future Land Use — Large Scale map within the 2016
Comprehensive Plan. The applicant met with the Town of Kersey
Town Administrator in 2016. The Town did not express concerns
for this application at the time of meeting. The intent of the meeting
was to discuss the project.
2) Section 22-2-80.A (1.Goal 1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary 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 proposed relocated plant site is within the
Intergovernmental Agreement area between the Town of Kersey
and Weld County. The property has access to highway
infrastructure which is essential to deliver aggregate materials to
the site from out of state and to deliver materials from the site to
growing communities in Weld County and Northern Colorado.
Representatives for BURNCO USA met with the Town of Kersey,
the nearest municipality to the site, to discuss haul routes and the
overall fit of the project within the area.
3) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments." BURNCO USA will be required to enter
into an Improvements Agreement with Weld County for off -site
improvements, a road maintenance agreement, a construction
maintenance agreement, and an access improvements agreement
at this location. The applicant's Traffic Study has been reviewed by
representatives for CDOT who did not return a referral response.
4) Section 22-2-80.E.2 (I.Policy 5.2) states: "Development
improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at
historic levels."To minimize the visual impact of the site, as well as
provide a noise buffer, earth berms planted in a drought tolerant
native grass will be constructed along the east, west and south
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property boundaries only and not adjacent to the north property
boundaries adjacent to the current mine. The existing Plumb Ditch
is adjacent to the north of the proposed site. This agency did not
return a referral indicating a conflict with their interests.
5) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Current surrounding land uses are the existing Nissen Farm gravel
mine, low intensity agricultural and rural residential uses. This
proposed facility will support the economic growth planned for this
area. BURNCO USA has taken steps in planning for this project to
mitigate impacts on its future neighbors through the large earth
berms, the placement of the batch plant site to the north behind the
earth berm and away from the rural residential development. As
previously stated, this site, while located within the IGA for the Town
of Kersey and within the Kersey Influence Area, it is located in an
"Undetermined Use" area, per the 2016 Comprehensive Plan.
6) Section 22-2-80.F.3 (I.Policy 6.3) states: "Encourage informational
neighborhood meetings for proposed industrial uses that do not
require a public hearing." Representatives for BURNCO USA met
with the neighbors concerning this proposed site development
project in mid -August 2017. Per the application materials, the
response was generally positive.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.4 allows for Mineral resource development
facilities, including concrete batch plants and appurtenant facilities,
including an office, truck parking and staging and material
stockpiles as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located on
a parcel of land located north of County Road 58, and adjacent to the Weld
County Parkway. The Plumb Ditch is adjacent to the north property line and
beyond the ditch is the current Nissen Farm mine, land use permit number
USR-1435. The site is located approximately 0.5 miles north from the
current Town of Kersey corporate limits; and 2.5 miles east of the Town of
Greeley corporate limits. The property is located within the
Intergovernmental Agreement Area for the Town of Kersey, who did not
return a referral response. Weld County RE -7 schools, in their referral
dated June 7, 2018, indicated " ... the district is concerned with the high
volume of truck traffic that would be created and how that would affect our
(Weld County Schools) transportation department regarding our (Weld
County Schools) bus stops." There are several residential structures
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located in the immediate area with residences being located south of and
adjacent to County Road 58, with additional residences located to the east
on larger tracts of agricultural land. Adjacent land uses to the north include
the Nissen Mine (USR-1435), Wagistics Mineral Resources Facility
(USR14-0065); to the west is the Platte River floodplain and floodway; to
the south are two dairy's (SUP -171 and SUP 457), an oil field construction
and storage yard (USR16-0045); to the east is a high pressure gas pipeline
(USR11-0024) and the Journey Ventures mine (MUSR15-0020). The
application indicates that 75 percent (8-9 vehicle trips) of the truck traffic
associated with the business will utilize County Road 58 heading west to
the Weld County Parkway, with 25 percent of the traffic (2-3 vehicle trips)
heading east on County Road 58. Vendors and employees will access the
facility from County Road 58. Staff has received two letters of
correspondence from surrounding property owners or interested persons
regarding this USR. Staff has received several telephone calls requesting
information on the land use application with additional comments on the
perceived impacts of this facility on the neighborhood. The Conditions of
Approval require a Lighting Plan and an updated Landscape/Screening
Plan. The Screening Plan shall screen the truck and equipment parking
and the outdoor storage from adjacent property and public rights -of -way.
The applicant will be required to enter into an Improvement Agreement for
the facility to address off -site impacts. These vehicular improvements,
along with the Development Standards and the Conditions of Approval for
this proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility 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 (3) mile referral area of
the Town of Kersey and the City of Greeley. The site is located within the
existing Intergovernmental Agreement (IGA) area or Coordinated Planning
Agreement (CPA) area for the Town of Kersey. The Town of Kersey did not
return a referral response, and the City of Greeley, in their referral dated
July 5, 2018, indicated no conflict with their interests. The siting of the batch
plant facility with direct access to the Weld County Parkway and
compliance with the municipal comprehensive and land use plans for future
development creates an area that can support this type of development.
Further, the Town of Kersey identifies the parcel to be in an "Undetermined
Use" area, per the 2016 Comprehensive Plan. To address any mitigating
requirements, the Conditions of Approval will require a site Lighting Plan,
and Landscape and Screening Plan to be submitted to the Department of
Planning Services for review and approval. The Development Standards
address nuisance transient lighting, provide that uses on the property
should comply with the Colorado Air Quality Commission's air quality
regulations, and all waste materials shall be handled, stored, and disposed
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of in a manner that controls fugitive dust, fugitive particulate emissions,
blowing debris, and other potential nuisance conditions. All site activities
will be limited to a measurable noise standard and the property is to be
maintained such that a nuisance condition is not allowed to develop.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. This property is not located in a
floodplain, or geologic hazard area or airport overlay district.. Building
Permits issued on the lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 34 acres of "Prime,
if Irrigated Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property has historically been utilized
for agricultural production and oil and gas development consisting of a
single well head and tank battery; currently there is no irrigation on the
property.
G. Section 23-2-230.B.7 -- There is 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 can 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 Tricycle Lane Texas, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource
Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor
truck and employee parking 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 USR Map:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. If the proposed access is on a different parcel, the applicant shall submit a
recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and
shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number.
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C. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F which states, in part, that, "any lighting
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." Further, the Lighting
Plan shall incorporate the Dark Sky Standard.
D. The applicant shall submit an updated Landscape/Screening Plan to the
Department of Planning Services for review, and approval by the Board of
County Commissioners. The equipment parking area, the employee
parking area and areas utilized for outdoor storage shall be screened from
adjacent properties and public rights -of -way.
E. The applicant shall submit a Parking Plan showing at, a minimum, 20
parking spaces for the employees, including site personnel and truck
drivers. Additional spaces shall be shown for the on -site equipment and
for vendors who may visit the site.
F. The applicant shall submit a copy of the signed Plumb Ditch Company
crossing agreement, or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
G. An Improvements and Road Maintenance Agreement is required for off -
site improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. The haul route traffic from the batch plant location will be
routed to the west to the Weld County Parkway.
H. The applicant shall address the concerns of Platte Valley School District,
Weld RE -7, as stated in the email dated October 3, 2018, and submit
written evidence to the Department of Planning Services.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0044.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
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5) The map shall delineate the earth berms, the vegetative landscape
and opaque screening.
6) The map shall delineate the parking areas for employees, on -site
equipment and vendors.
7) The map shall delineate the site and facility lighting incorporating
the Dark Sky Standard.
8) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
9) County Road 58 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. This
road is maintained by Weld County.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) If applicable, show and label a 30 -foot minimum access and utility
easement to provide legal access to the parcel on the site plan.
14) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
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17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of Section 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
"Use by Special Review", as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County grading permit
will be required.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
7. 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 or the
applicant has been approved for an early release agreement.
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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 October, A.D., 2018.
ATTEST: y.,,c4,O ° A4%1
1
Weld County Clerk to the Board
BY:
Owe. c
Deputy Clerk to the Board
APpRM•
y A ttorney
Date of signature: 11 15 (12'
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Sea Con
Mike Freeman
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRICYCLE LANE TEXAS, LLC
USR18-0044
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0044, is
for Mineral Resource Development Facilities including a Concrete Batch Plant, material
stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for
the site office.
4. The hours of operation shall be the following:
A. Hours of Operation for Ready Mix Concrete:
1) The Ready Mix Concrete Plant will only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one (1) hour before
sunrise to one (1) hour after sunset.
3) When the plant is operating at night, it will only occur when material is
requested by cities, counties, or CDOT, for night paving projects.
Operations will be considered "night operations," when they take place
between the hours of one hour after sundown to one hour before sunrise.
Depending on the request of the jurisdiction purchasing the concrete, night
operations could occur seven days per week. When BURNCO USA,
Bestway Concrete Company and Hall -Irwin Company become aware of
projects that require night operations, they will email the Weld County
Planning Director to let him/her know about the plans to operate outside of
daylight hours, who the project is for, how long it will be occurring, and
where the materials are being delivered.
4) Ready Mix trucks will generally operate during plant operation, but may
return to the plant after plant shutdown to be cleaned and parked.
B. Hours of Operation for Aggregate:
1) Aggregate washing operations will only occur during daylight hours (dawn
to dusk); actual operating hours will vary dependent on weather and
business levels.
5. The number of on -site employees shall be five (5) full-time employees and 15 truck drivers,
as stated by the applicant.
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6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The landscaping/screening on the site shall be maintained.
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
10. 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, C.R.S. §30-20-100.5
11. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
12. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
14. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103. The facility shall adhere to the
maximum permissible noise levels allowed in the Residential Zone District, as delineated
in Section 14-9-30 and as measured at the existing residential structure directly to the
east.
15. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
16. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the provisions of the State
Underground and Above Ground Storage Tank Regulations.
17. 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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18. 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.
19. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
20. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. Any reportable spills will be reported
and documented in accordance with all state and federal regulations and records will be
kept onsite for WCDHPE review upon request.
21. In the event the septic systems require a design capacity of 2,000 gallons or more of
sewage per day, the applicant shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
22. For employees that are onsite for less than two (2) consecutive hours a day, or ten (10)
or less customers or visitors per day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
25. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
26. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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31. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates
34. The historical flow patterns and runoff amounts on the site will be maintained.
35. Weld County is not responsible for the maintenance of on -site drainage related features.
36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties and incorporate Dark Sky Standards. Sources of light should not
cause a nuisance or interfere with the use on the adjacent properties in accordance with
the map. 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. No colored lights may
be used which may be confused with, or construed as, traffic control devices.
37. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered 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 or an Open Hole Inspection.
38. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
39. 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.
40. 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.
41. 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.
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42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. 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 map and recognized at all times.
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