HomeMy WebLinkAbout20142060.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0017, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES (CENTRALIZED
LIQUIDS MANAGEMENT FACILITY, AND THE TRANSLOADING OF A COMMODITY
FROM ONE MODE OF TRANSPORTATION TO ANOTHER, INCLUDING TRUCK AND
PIPELINE WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING
PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, NEW OFFICES
AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT; TEMPORARY STAGING
AREA AND LAY DOWN YARD FOR CONSTRUCTION MATERIALS,
CONSTRUCTION OFFICE TRAILERS, AND CONSTRUCTION PARKING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - SWINK FAMILY FARMS, LLLP, C/O
ENCANA OIL & GAS (USA) 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 16th day
of July, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Swink Family Farms, LLLP, 37153 Dickerson Run, Severance, CO
80550, c/o Encana Oil & Gas (USA) Inc., 370 17th Street, Suite 1700, Denver, CO 80202, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0017, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service Facilities
(centralized liquids management facility, and the transloading of a commodity from one mode of
transportation to another, including truck and pipeline without limitation for oil and gas
industries, including petroleum products and storage related to same, new offices and support
buildings, and related equipment; temporary staging area and lay down yard for construction
materials, construction office trailers, and construction parking) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Part of the E1/2 of Section 21, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Miracle
Pfister, 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 k� \Code.
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OIL & GAS (USA) INC.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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.
1) Section 22-2-80.C.2 (I.Policy 3.2) states: "The land use applicant
should demonstrate that the roadway facilities associated with the
proposed industrial development are adequate in width,
classification and structural capacity to serve the development
proposal." The applicant will be required to obtain an Access
Permit, as applicable, for the proposed access located on the
same alignment from the access directly across County Road
(CR) 6 from the Town of Erie.
2) Section 22-2-80.E (I.Goal 5) states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,
state and local policies and legislation." The applicant will be
required to submit an approved Drainage Report and supporting
construction drawings to address stormwater and drainage issues
associated with the development of this site. Further, the applicant
will be required to obtain a Grading Permit if more than one (1)
acre is disturbed prior to construction which will include, at a
minimum, an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to
be utilized, and a copy of the approved Colorado Department of
Public Health and Environment (CDPHE) Stormwater Permit. The
proposed facility meets the existing federal, state and local
requirements. The transload facility expands on the existing
infrastructure to capture a developing market in this area of the
County.
3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial
use as a Centralized Liquids Management Facility and the
surrounding properties are minimized due to various factors. The
Front Range Landfill is adjacent to the site on the western and
southern property line, with lands annexed into the Town of Erie
located to the east. As this is an industrial facility, a security fence
with limited points of access is to be installed at the site's
perimeter, and a Lighting Plan is required demonstrating that the
site lighting will be downcast and shielded and utilized for
nighttime security and emergency work only. Further, any source
of light, either directed or reflected light, on the site shall be fully
shielded so that light rays will not shine directly onto adjacent
properties, including public rights-of-way, where such would cause
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a nuisance or interfere with the use of the adjacent properties,
including the potential to create a traffic hazard to operators of
motor vehicles on the adjacent road systems. The Centralized
Liquids Management Facility will be approximately 1,550 feet to
the northeast and 1,900 feet to the southeast from neighboring
residential properties.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.1, 23-3-40.A.2 and
23-3-40.A.7 of the Weld County Code provides for a Site Specific
Development Plan and a Use by Special Review Permit for Mineral
Resource Development Facilities, including Oil and Gas Support and
Service Facilities (centralized liquids management facility and the
transloading of a commodity from one mode of transportation to another,
including truck and pipeline without limitation for oil and gas industries,
including petroleum products and storage related to same, new offices
and support buildings, and related equipment; temporary staging area
and lay down yard for construction materials, construction office trailers,
and construction parking) in the (A)Agriculture 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 site is located
adjacent to the Front Range Landfill Inc. property to the south and
adjacent to the Western Waste Industries Inc. landfill to the west. Both of
these properties have been annexed into the Town of Erie. To the east,
immediately adjacent to the site, are lands that are vacant and within
Erie's municipal boundary, whereas lands to the north and northeast and
southeast across the intersection of CR 6 and CR 7 are in production
agriculture, including a feedlot. There are several Use by Special Review
Permits in the general area: to the west of CR 5 is USR-628 for a Salvage
Yard, permitted in 1984, AmUSR-1031 for a Shooting Range permitted in
2007, located east of County Road 3; to the north and east of CR 7 is
CUP-34 for a horse training and breeding facility, permitted in 1978,;
USR-700 for a Recyling Facility, located west of 1-25; to the east are
several businesses, including USR-690 for an excavation business
permitted in 1994, and USR-1622 for a Fence Company, permitted in
2008 located north of CR 6, and SUP-266 for a Kennel permitted in 1975,
USR-518 for a Trucking Business permitted in 1982 and USR-644 for a
single family dwelling permitted in 1984 and all are located south of CR 6.
Conditions of Approval and Development Standards will ensure that the
proposed facility will be compatible with existing surrounding land uses.
The Department of Planning Services has received one telephone call
from a resident located north of CR 6 with concerns about traffic, speed of
vehicles, maintenance and similar traffic related concerns.
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
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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 Towns of Erie, Frederick; Cities of Dacono and Northglenn; The City
and County of Broomfield, Adams County and Boulder County. The City
of Dacono, in the referral dated April 24, 2014, indicated that they have
no concerns. The Town of Erie returned a referral dated May 19, 2014,
with several comments concerning future development area planning per
the Town of Erie Comprehensive Plan; rights-of-way on CRs 6 and 7,
both of which have been annexed into the Town; designated haul route
east of CR 6 to 1-25 Frontage Road; safety improvements on CR 6,
including pavement design, overhead lights, driveway alignment; and
intersection improvements to CRs 6 and 7. Also of concern is fencing and
screening requirements, including topographical land forms, license
agreements and permits for construction in the Town's right-of-way.
There were no other referrals received for this application.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. 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. The
proposal is located within the Geological Hazard Development Overlay
District. In a referral received from the Colorado Geological Survey
(CGS), dated June 2, 2014, the CGS agreed with the findings of the
Ninyo & Moore October 4, 2013, Geotechnical Evaluation, noting that the
site is not exposed to any geologic hazards that would preclude the
proposed use. The CGS noted that the site proposed for development is
not undermined, and is located a sufficient distance from historic coal
mine workings and that the workings do not present a subsidence hazard.
The proposal is not located within a Special Flood Hazard area, as
delineated on FIRM Community Panel Map 080266 0960 C, dated
September 28, 1982, and is also not within the Airport Overlay District.
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 approximately 137
acres of irrigated land, not prime per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. None of the subject parcel is
identified as "Prime" agricultural land. The area has historically been
utilized as dryland agriculture. There is no irrigation water associated
with this parcel.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code),
Conditions of Approval and Development Standards can 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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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Swink Family Farms, LLLP, c/o Encana Oil & Gas
(USA) Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR14-
0017, for Mineral Resource Development Facilities, including Oil and Gas Support and Service
Facilities (centralized liquids management facility, and the transloading of a commodity from one
mode of transportation to another, including truck and pipeline without limitation for oil and gas
industries, including petroleum products and storage related to same, new offices and support
buildings, and related equipment; temporary staging area and lay down yard for construction
materials, construction office trailers, and construction 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 plat:
A. The applicant shall address the requirements/concerns of the Farmers
Reservoir and Irrigation Company on behalf of the Community Ditch, as
stated in the referral response dated April 24, 2014. Evidence of such
shall be submitted, in writing, to the Department of Planning Services.
B. The applicant shall submit a recorded Deed describing part of the
East 1/2, South of the Community Ditch, located in Section 21,
1 North, Range 68 West of the 6th P.M. County of Weld, State
Townshipg
of Colorado.
C. 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 (APCD), Colorado Department of Public Health and
Environment. The applicant may provide evidence from the APCD that
they are not subject to these requirements. Evidence of such shall be
submitted, in writing, to the Department of Planning Services.
D. The applicant shall attempt to address the requirements of the Town of
Erie, as stated in the referral response dated May 19, 2014. Written
evidence of such shall be submitted to the Department of Planning
Services.
E. 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."
F. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. All parking areas shall be
screened from adjacent properties and public rights-of-way.
G. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is on premise. Signs shall
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be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
H. The applicant shall submit an updated Parking and Circulation Plan to the
Department of Planning Services for review and approval. This updated
Parking and Circulation Plan shall show the dimensions of the drives and
the parking stalls, including the ADA parking stalls. The applicant shall
comply with Appendix 23-B of the Weld County Code and the Section 208
of the 2010 Americans with Disability Act and provide an adequate
number of parking stalls. Further, the applicant shall delineate curb stops
for the parking spaces shown on the Use by Special Review map.
The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services, for review and approval. The plan shall address the
means employed to mitigate noise related impacts occurring on-site as
part of the 24/7 operation on adjacent properties.
J. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes ca
n 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.
K. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance including dust control, damage
repair, and triggers for improvements will be included.
L. An approved Geologic Hazard Permit is required.
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0017.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Lighting Plan.
6) The approved Screening Plan.
7) The approved Signage Plan.
8) The approved Parking and Circulation Plan.
9) The approved Noise Abatement Plan.
10) The Haul Route into the site for heavy truck traffic is designated to
be from County Road 8, also known as Erie Parkway, south to
County Road 7 and west into the site. The designated access for
heavy truck traffic shall be off of County Road 7. The Haul Route
out of the site is designated to be east from the site onto County
Road 7, and north to County Road 8, also known as Erie Parkway.
11) CR 7 is designated on the Town of Erie Transportation Master
Plan as a principal arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future Town of Erie Road 7 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. This
road is maintained by the Town of Erie.
12) Delineate the stormwater detention on the map and label as "No
Build / Storage Area."
13) Delineate a sixty-foot minimum radius on the map for main access
onto CR 6 to accommodate commercial/truck traffic.
14) Delineate areas of gravel, paving, or recycled concrete/asphalt
and identify the parking areas.
15) Label the approved Town of Erie accesses on the plat with access
permit number, if applicable.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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 plat 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 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 Construction:
A. If more than one acre is to be disturbed, a Weld County Grading Permit
will be required.
B. An Access and Right-of-Way Permit is required for any work within the
public right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
6. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
I.S.D.S. Regulations.
7. Prior to operation:
A. The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services, for review and approval. The plan shall address
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SPECIAL REVIEW PERMIT (USR14-0017) - SWINK FAMILY FARMS, LLLP, CIO ENCANA
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impacts of noise generated by this facility onto adjacent properties and
public rights-of-way.
8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
d r�,/_ / WELD COUNTY, C• •RADO
ATTEST: d CG, ja0;GG
��'��►�. • .s 7_.emacher, hair
Weld County Clerk to the Board ,� `� E zco�
ra Kirkm-, er, r• '-m
BY:
De•+t Clerk to eBoa • �� ^.+r
P. Conway
AP D F RM: I
M e�C Fr e a
ounty Attorney
W 'am F. Garcia
Date of signature: AUG 0 6 2014
2014-2060
PL2279
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SWINK FAMILY FARMS, LLLP, CIO ENCANA OIL & GAS (USA) INC.
USRI4-0017
1. A Site Specific Development Plan and a Use by Special Review Permit, USR14-0017, is
for Mineral Resource Development Facilities, including Oil and Gas Support and
Service, (centralized liquids management facility, and the transloading of a commodity
from one mode of transportation to another, including truck and pipeline without
limitation for oil and gas industries, including petroleum products and storage related to
same, new offices and support buildings, and related equipment; temporary staging area
and lay down yard for construction materials, construction office trailers, and
construction parking) in the A (Agriculture) 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 number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The facility will operate 24 hours per day, 365 days per year, as stated by the
applicant(s).
5. The parking and circulation on the site shall be maintained in accordance with the
approved Parking and Circulation Plan.
6. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
7. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
8. The screening on site shall be maintained in accordance with the approved Screening
Plan.
9. The noise abatement system shall be maintained in accordance with the approved Noise
Abatement Plan.
10. 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.
11. 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.
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12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
15. In accordance with Colorado Oil and Gas Conservation Commission (COGCC) Rule
604, a spillage retention berm shall be constructed around the aboveground storage
tanks. The volume retained by the spillage berm should be greater than the volume of
the largest tank inside the berm and sufficient freeboard to contain precipitation.
Alternative protective measures may be allowed provided they comply with the COGCC
regulations.
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Any petroleum contaminated soils on the facility shall be
removed, treated or disposed of in accordance with all applicable rules and regulations.
17. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
18. A Spill Prevention Control and Countermeasure Plan shall be kept on site, at all times.
19. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
20. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the public water supply. (Left Hand Water District)
21. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
22. All potentially hazardous chemicals must be stored and 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).
23. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
24. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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25. Off-street parking spaces and internal drive isles shall be surfaced with gravel, asphalt,
recycled asphalt base, concrete or the equivalent and shall be graded to prevent
drainage problems
26. 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 run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
27. The applicant must take into consideration stormwater quality and provide accordingly
for best management practices.
28. Weld County is not responsible for the maintenance of onsite drainage related features.
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
30. For any hazardous chemical used or stored in the workplace, facilities must maintain a
material safety data sheet (MSDS) and submit the MSDS, or a list of chemicals, and the
facility's annual inventory to the State Emergency Response Commission, the Local
Emergency Planning Committee and the Mountain View Fire Protection District on or
before March 15th of any given year.
31. Following the commencement of operations, the property owner or operator shall
provide written evidence of an approved Emergency Action and Safety Plan filed with
the Office of Emergency Management and the Fire District. The plan shall be reviewed
on an annual basis by the Facility Operator, the Fire District and the Weld County Office
of Emergency Management. The applicant shall submit evidence of acceptance to the
Department of Planning Services.
32. 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 in accordance with the plan. 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.
33. 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 2011 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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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35. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
36. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
37. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2014-2060
PL2279
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