HomeMy WebLinkAbout20111319.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1075 FOR OPEN PIT MINING AND MATERIALS
PROCESSING (SAND, GRAVEL AND STONE), AN ASPHALT AND CONCRETE
BATCH PLANT, FOR AN OIL FIELD BUSINESS, MORE SPECIFICALLY DEFINED
AS AN OIL AND GAS SUPPORT AND SERVICE FACILITY- PIPELINE AND ROUST-
A-BOUT; AND A PRIVATE COMMERCIAL RECREATIONAL FACILITY (WATER
SKIING LAKE AND PRIMITIVE CAMPSITE FOR WATER SKIING MEMBERS), IN
THE A (AGRICULTURAL) ZONE DISTRICT - R.M. HINER CONSTRUCTION
COMPANY, INC., C/O JIM ARNOLD
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 25th day
of May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of R.M. Hiner Construction Company, Inc., c/o Jim Arnold, 3030 South
Williams Street, Denver, Colorado 80210, for a Site Specific Development Plan and Amended
Use by Special Review Permit#1075 for Open Pit Mining and Materials Processing (sand,
gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more
specifically defined as an Oil and Gas Support and Service Facility— Pipeline and Roust-a-bout;
and a private commercial recreational facility (water skiing lake and primitive campsite for water
skiing members), in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
E1/2 NE1/4 of Section 36, Township 6 North,
Range 66 West and the south 120 acres of the
NW1/4 of Section 31, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Melanie Foslien, KBN
Engineers, 820 8th Street, Greeley, Colorado 80631 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:
C,( . (-Ai PL , PD, a(. App) . 2011-1319
l 3�j II PL0990
AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., C/O JIM ARNOLD
PAGE 2
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.6.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." The site is located in the Cache
La Poudre Floodway and Floodplain and has been an ongoing
operation for mineral resource development, oil and gas support
and service, and a recreation facility since April 12, 1995.
2) Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable
and orderly development of mineral resources." According to the
Weld County Sand, Gravel Resources Map, dated July 1, 1975,
the northern part of the property is classified as F-1 (Floodplain
and Valley-Fill Deposits-relatively clean and sound) and T-1
(Stream Terrace Deposits-relatively clean and sound).
3) Section 22-5-80.C.8 (CM.Policy 3.8) states, "Require all mining
operations conform to federal, state and local environmental
standards." The Department of Reclamation Mining and Safety
referral, dated April22, 2011, states, "The proposed changes to
the Site Specific Development Plan and an Amended Use by
Special Review Permit do not conflict with the Division's interests;
however, any changes made to the Mining and Reclamation Plan
must be approved by the Division through a Technical Revision.
The changes would include the addition of an asphalt and
concrete batch plant, relocation of existing gas lines/wells,
reconfiguration of the ponds, and the addition of campsites and
boat ramps around the north pond."
4) Section 22-5-80.C.6 (CM.Policy 3.6) states, "Buffer, where
possible, batch plants and processing equipment from adjacent
uses." The processing area, including the mineral resource
stockpiles and the concrete and asphalt batch plant, is located in
the middle of the property near an existing tank battery,
associated with Kerr-McGee Gathering, on the north side of the
river. This area is within the floodplain, as defined by the Firm
Community Panel Map 080266 0628C, dated September 2, 1982,
and the City of Greeley - US Army Corps of Engineers Cache La
Poudre Study, dated 2003.
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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.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development including Open Pit
Mining and Materials Processing (sand, gravel and stone), including a
Concrete and Asphalt Batch Plant Facility. Section 23-3-40.A.2 of the
Weld County Code provides for Oil and Gas Support and Service as a
Use by Special Review. Section 23-3-40.N of the Weld County Code
allows for a Site Specific Development Plan and Use by Special Review
Permit for a private commercial recreational facility (water skiing lake and
unimproved campsite for water skiing members), 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. There is an existing
metal skinned building on the property. To the north of the property is the
North Weld County Business Park within the City of Greeley municipal
limits. At this location, in the business park from west to east, is vacant
land, the Department of Human Services, the North Jail Complex, the
Sheriff's Administration Office, and the Environmental Health Building.
On the lower elevation, adjacent to the private road, are the Weld
County/City of Greeley Records Department and the Weld County Health
Clinic. Land to the east of the site is utilized for Weld County Public
Works; lands to the south include the Cache La Poudre River, Bucklen
Equipment Company, and the Weld County Department of Public Works.
Lands to the west include the Espanola subdivision, located north of the
river, and the former maintenance shop for the Flatirons Company to the
south.
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 property is not located within an Intergovernmental
Agreement Area and is within the three (3) mile referral area for the City
of Greeley. The City of Greeley did not return a referral indicating a
conflict with its interests, although some concern was expressed.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact
Fee and the Stormwater/Drainage Impact Fee Programs.
2011-1319
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AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., C/O JIM ARNOLD
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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 U.S.D.A. Soils Maps of Important Farmlands of Weld
County, dated 1979, designates the soils on this property as "Irrigated
Land Not Prime." There is no irrigation water associated with the parcel;
however, given the present mined condition, this U.S.D.A. Soils Map
Designation may be faulty. A significant portion of the site consists of
three (3) lakes with a non-mined component located in the south-central
part of the property.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240) and
Operation Standards (Section 23-2-250) of the Weld County Code,
Conditions of Approval, and Development Standards ensure that there
are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of R.M. Hiner Construction Company, Inc., for a
Site Specific Development Plan and Amended Use by Special Review Permit #1075 for Open
Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch
Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and
Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility
(water skiing lake and primitive campsite for water skiing members), in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled AmUSR-1075.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The location of all oil and gas facilities shall be shown on the plat, in
addition to their setbacks.
E. Revise the City of Greeley Corporate Limits to accurately reflect the
annexed lands and road rights-of-way.
F. North 23rd Avenue is within the City of Greeley's jurisdiction. 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. All
setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by the City of Greeley.
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AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., C/O JIM ARNOLD
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G. Revise the floodplain labels on the site plan to reference the 2003 U.S.
Army Corps of Engineers Cache La Poudre River Floodplain Study that
has been accepted by FEMA.
2. The applicant shall address the requirements/concerns of the U.S. Army Corps of
Engineers as addressed in the referral, dated March 10, 2011. Written evidence
that the applicant acknowledges its comments shall be provided to the
Department of Planning Services.
3. The applicant shall address the requirements/concerns of the Weld County
Department of Public Works as addressed in the referral, dated April 6, 2011.
Written evidence that these concerns have been addressed and shall be
provided to the Department of Planning Services.
4. The applicant shall address how the proposed Use by Special Review
recreational activities are compatible with the active mining and Mine Safety
Health Administration (MSHA) Regulations. MSHA Regulations require that
people entering a working mine site be equipped with the proper personal
protective equipment, such as steel toed boots, safety glasses, hardhats, and
safety vests. Written evidence that these concerns have been addressed shall
be provided to the Department of Planning Services.
5. The applicant shall address the concerns raised in the Zoning Compliance
referral dated March 14, 2011, specific to active building permit violations.
Written evidence that the applicant acknowledges the comments, and has
resolved the Building Department Compliance Violations, shall be provided to the
Department of Planning Services.
6. The applicant shall address the requirements/concerns of the Division of Mining
Reclamation Safety (DRMS) as addressed in the referral, dated April 22, 2011.
Written evidence that these concerns have been addressed, and/or approved by
the DRMS shall be provided to the Department of Planning Services.
7. The applicant shall address the requirements/concerns of the Weld County
Department of Public Health and Environment as addressed in the referral, dated
April 11, 2011, including:
A. 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 of the Colorado Department of Public Health and Environment, if
applicable.
B. The applicant shall submit a Dust Abatement Plan, detailing on-site dust
control measures, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment, for review
and approval.
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AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., CIO JIM ARNOLD
PAGE 6
C. In the event washing of vehicles will occur on site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles, in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas shall be
designated on the plat.
D. In the event the applicant intends to utilize the existing septic system at
the home, for employee use, the septic 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 regulations.
E. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into state waterways, if applicable.
F. In accordance with the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14) a spillage retention berm shall be
constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the
berm. Alternative protective measures may be allowed, provided they
comply with the Above Ground Storage Tank Regulations.
G. The Division requires that an Odor Abatement and Response Plan be
submitted, prior to operation of the facility. This plan shall be
implemented at the request of the Weld County Department of Public
Health and Environment, in the event that odor levels detected off the site
meet or exceed the odor limit as specified by the Colorado Revised
Statues. The plan shall also be implemented, in the event that the Weld
County Department of Public Health and Environment receives a
significant number of odor complaints, and in the judgment of the Director
of Public Health, there exists an odor condition requiring abatement.
H. The applicant shall submit documentation from the North Weld County
Water District indicating that the existing tap is sufficient for the
commercial operations.
The applicant shall submit a Noise Abatement Plan, for review and
approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment.
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AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., C/O JIM ARNOLD
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J. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes, which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
Written evidence that these concerns have been addressed shall be
provided to the Department of Planning Services.
8. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in accordance
with the state requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites.
9. The applicant shall attempt to address the requirements/concerns of the City of
Greeley as addressed in the referral, dated April 23, 2011. Written evidence that
the applicant acknowledges the City's comments shall be provided to the
Department of Planning Services.
10. Upon completion of Conditions of Approval #1 through #9, listed above, the
applicant shall submit three (3) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the
paper copies, the applicant shall submit a Mylar plat, along with all of the other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
11. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2005, should the plat not be recorded within the required sixty (60) days
from the date of the Board of County Commissioners Resolution, a $50.00
2011-1319
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AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY,
INC., C/O JIM ARNOLD
PAGE 8
recording continuance charge shall be added for each additional three (3) month
period.
12. The Department of Planning Services respectfully requests a digital file of all
drawings associated with the 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.
13. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
r
ATTEST: / j�`' c�` EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to th Ida
t EXCUSED
•BY ' Fis �� f Sean P. C w , ro-Tem
S uty Clerk to the Boar:��
F. Garcia
APPR AS TO a
Davi E. Long, Acti Ch 'r Pro-Tem
ounty Attorney
Dougla Rademach r
Date of signature: --IPS—PO/
2011-1319
PL0990
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
R.M. HINER CONSTRUCTION COMPANY, INC.
CIO JIM ARNOLD
AMUSR#1075
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1075 is
for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and
Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and
Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial
recreational facility (water skiing lake and primitive campsite for water skiing members),
in the A (Agricultural) Zone District and subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles, in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental Protection Agency.
8. 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.
9. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District of 70 db(A).
10. Any septic system, located on the property, must comply with all of the provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S)
11. Portable toilets will be allowed for the recreational area. Records of maintenance and
proper disposal shall be retained on a seasonal basis.
2011-1319
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DEVELOPMENT STANDARDS - R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM
ARNOLD (AMUSR #1075)
PAGE 2
12. Recreational Vehicle (RV) units that have self-contained sewage disposal, shall dispose
of sewage at an approved off-site facility.
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for employees to access and permanent residences.
14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area, in a manner that will prevent nuisance conditions.
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants and volatile organic compounds. All chemicals must
be stored secure, on an impervious surface, and in accordance with the manufacturer's
recommendations.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
17. The facility shall be operated in a manner to prevent odors. Odors detected off of the
site shall not equal or exceed the level of a fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented, at the request of the Weld County Department of Public
Health and Environment, in the event odor levels detected off the site of the facility meet,
or exceed, the level of a fifteen-to-one dilution threshold, or in the judgment of the Weld
County Health Officer, there exists an odor condition requiring abatement.
18. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
19. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
20. The operation shall comply with the Mine Safety and Health Act (MSHA).
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. The applicant shall be made aware that the lake water may not meet all water quality
standards for natural swimming areas, as defined by the Colorado Department of Public
Health and Environment. The Weld County Department of Public Health and
Environment strongly encourages the applicant to periodically test the lake water.
24. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and
Permitting (5 CCR 1001-11) of the Colorado Air Quality Control Commission.
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DEVELOPMENT STANDARDS - R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM
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PAGE 3
25. The applicant shall utilize the existing accesses to the site from North 23rd Avenue. The
access off of the County's privately maintained road is to be used for emergency and
incidental access only. No new accesses will be granted.
26. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year
floodplain, or in the floodway, due to the hazardous nature of the floodplain and the
potential for loss of life.
27. There shall be no campsites or overnight parking located between the Cache La Poudre
River and the lakes, unless the applicant provides proof of acceptance by FEMA of a
Letter of Map Revision (LOMR) showing the areas are located outside of the 100-Year
Floodplain.
28. Prior to the commencement of the 2012 season, portable boat docks must be anchored,
per an engineered design. A Flood Hazard Development Permit (FHDP) must be
obtained prior to the installation of the boat docks.
29. There shall be no parking or staging of vehicles on the County Roads.
30. If noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds. All vegetation, other than grasses, needs to be maintained at a
maximum height of twelve (12) inches until the area is completely developed.
31. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel #080531000063 may not be
able to obtain building permits to construct structures. All construction or improvements
occurring in the floodplain, as delineated on Federal Emergency Management Agency
(FEMA) FIRM Community Panel Maps #8082660-0628C, dated September 28, 1982,
and Map Panel #080266-1529E, dated June 10, 2005, shall comply with the Flood
Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld
County Code, and all applicable FEMA regulations and requirements as described
in 44 CFR parts 59, 60, and 65.
32. Future development, occurring within the floodplain, shall be in compliance with the
floodplain codes in effect at that time. Future development activities located within the
FEMA-mapped floodplain shall obtain the appropriate flood hazard development permits.
33. Prior to the vacation of the mining permit by DRMS, per FEMA's letter, dated
January 13, 2011, a letter of map revision shall be approved by FEMA showing the
impact the mining operation has had on the floodplain boundaries, floodway boundaries,
and water surface elevations.
34. 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.
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DEVELOPMENT STANDARDS - R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM
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35. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. Permits are required for all new proposed structures, and existing structures, which were
installed without permits. An investigation fee shall be assessed on all structures which
were installed without permits.
39. Building permits are required for buildings and structures which required permits before
the beginning of construction.
40. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
41. All building plans shall be submitted to the Union Colony Fire Department, for review and
approval, prior to the issuance of building permits.
42. All roads, within the permitted area, shall be all-weather and maintained to allow for
emergency responders to have safe and adequate access.
43. 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 will be permitted, which may be confused with, or
construed as, traffic control devices.
44. Hours of operation, for the water skiers, shall be from sunrise to sunset, from April 1st,
through September 30th, of any given year.
45. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
46. Primary access drives shall be surfaced with gravel, recycled asphalt, or the equivalent,
and shall be graded to prevent drainage problems.
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47. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
48. All boats, campers, and similar recreational equipment, owned by members and guests
of the Hiner Lakes Recreational Club, shall be removed from the premises or stored in
an approved, screened on-site storage area at the end of each season.
49. Access to the Open Pit Mining and Materials Processing (sand, gravel and stone),
Asphalt and Concrete Batch Plant, Oil Field Business, and private commercial
recreational facility shall be from North 23rd Avenue. No additional accesses are
permitted.
50. Outdoor storage shall be restricted to the areas delineated on the approved
AmUSR-1031 plat.
51. Any operation of the gravel pit and batch plants shall not obstruct the passage of the
floodway and 100-year flood flows to the point that it has an adverse effect on others.
This provision prohibits locating dikes and stockpiles in a manner which forces
floodwaters to alter their normal course.
52. Any storage, on the site, shall be located outside of the floodway and 100-year
floodplain, or be securely anchored and adequately flood proofed, in accordance with
the FEMA and Weld County Flood Hazard Overlay District Regulations.
53. The Open Pit Mining and Materials Processing (sand, gravel and stone), including the
Asphalt and Concrete Batch Plant component, shall be in compliance with
Section 23-4-290.B of the Weld County Code, at all times. Further, all sand and gravel
operations shall be conducted during the hours of daylight, except in case of public or
private emergency, or to make necessary repairs to equipment. This restriction does not
apply to the operation of administrative or executive offices, or repair facilities located on
the property.
54. The property shall be maintained in compliance with the Airport Overlay District, at all
times.
55. All approved North Lake campsites are restricted to the following:
a. Passenger vehicle parking for campsite lessees and their guests
b. One Recreational Vehicle (RV), camper or tent
c. One inboard motor boat with trailer for same
d. One enclosed storage shed will be permitted through the Department of Building
Inspection
e. One deck will be permitted through the Department of Building Inspection
f. One horseshoe pit
g. One fire pit with stacked firewood
2011-1319
PL0990
DEVELOPMENT STANDARDS - R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM
ARNOLD (AMUSR#1075)
PAGE 6
h. One boat dock, permitted through the Department of Building Inspection, having
an approved FHDP
One boat storage cover will be permitted through the Department of Building
Inspection
j. One shade cover will be permitted through the Department of Building
Inspection, as applicable.
56. All approved South Lake campsites are restricted to the lease hold areas, and their
equipment, vehicles, and associated transient improvements shall not impede the
existing vehicle access to the internal site, including access to the ongoing mining and
materials processing (sand, gravel and stone), asphalt and concrete batch plant, the oil
field construction business, and the recreational facility, all which operate from this single
point of ingress and egress.
57. 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, will
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.
58. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
59. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
2011-1319
PL0990
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