HomeMy WebLinkAbout20111906.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1760 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING OPEN PIT GRAVEL MINING (SANDS, GRAVELS AND STONES) AND
MATERIALS PROCESSING INCLUDING CONCRETE OR ASPHALTIC BATCH
PLANTS AND/OR RECYCLING OPERATIONS IN THE 1-3 (INDUSTRIAL) ZONE
DISTRICT-VARRA COMPANIES, 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 27th day
of July, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Varra Companies, Inc., 8120 Gage Street, Frederick, Colorado 80516,
for a Site Specific Development Plan and Use by Special Review Permit#1760 for a Mineral
Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones)
and Materials Processing including concrete or asphaltic batch plants and/or recycling
operations in the 1-3 (Industrial) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the NW1/4, NE1/4 and NE1/4, NW1/4 of
Section 9; and part of the S1/2 S1/2 of Section 4,
all in Township 5 North, Range 65 West of the 6th
P.M., Weld County Colorado
WHEREAS, at said hearing, the applicant was present and represented by Garrett Varra
and Brad Janes, 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:
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.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use would be
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compatible with surrounding properties, which include agricultural lands,
river bottom lands, and floodplain designated lands. Further,
Section 34-1-305, C.R.S., addresses the preservation of commercial
mineral deposits for extraction.
1) "After July 1, 1973, no Board of County Commissioners, governing
body of any city and county, city, or town, or other governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance, or other official action or inaction, permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future
extraction of such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its
jurisdiction, no Board of County Commissioners, governing body
of any city and county, city, or town, or other governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance, or other official action or inaction, permit the
use of any area containing a commercial mineral deposit in a
manner which would interfere with the present or future extraction
of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or any other governmental authority which has
control over zoning from zoning or rezoning land to permit a
certain use, if said use does not permit erection of permanent
structures upon, or otherwise permanently preclude the extraction
of commercial mineral deposits by an extractor from, land subject
to said use."
(4) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or other governmental authority which has control
over zoning from zoning for agricultural use, only, land not
otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of
zoned land permissible under the zoning governing such land on
July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or any other governmental authority from acquiring
property known to contain a commercial mineral deposit and using
said property for a public purpose; except that such use shall not
permit erection of permanent structures which would preclude
permanently the extraction of commercial mineral deposits."
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b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the 1-3 (Industrial) Zone District. Section 23-3-330.D.7 of the Weld
County Code provides for a Site Specific Development Plan and a Use
by Special Review Permit #1760 for a Mineral Resource Development
Facility including Open Pit Gravel Mining (sands, gravels and stones)
and Materials Processing including concrete or asphaltic batch plants
and/or recycling operations in the 1-3 (Industrial) Zone District
c. Section 23-2-220.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site contains
I (Industrial) zoned lands that have historically been utilized for cattle
grazing and farming. Prior to Varra Companies, Inc., acquiring the land
in 2007, the property was utilized for wastes generated from the sugar
beet industry. The proposed use, mineral extraction initially, and
reclaimed as water storage basins, would be compatible with the
surrounding properties, which include I (Industrial) and A (Agricultural)
zoned lands and uses, residential development to the south, and the
Leprino Foods Manufacturing Plant and supporting structures and
mineral resource facilities Doeringsfeld Varra Mine (AmSUP-345),
initially permitted in 1978 and amended in 1986. The applicant is not
proposing to install a vegetated berm at the boundary, as there is
already separation from adjacent land uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as
permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code, and any other
applicable code provisions or ordinances in effect, or the adopted Master
Plans of affected municipalities. The surrounding property is primarily
agricultural, in nature, with a few homes in the area. The site is zoned
1-3 (Industrial), yet currently contains agricultural land uses with the
proposed land use compatible with surrounding properties, which include
gravel operations in the general vicinity, AmSUP-345 DoeringsfeldNarra
mine. The City of Greeley, in the referral response dated
December 17, 2010, provided several advisory statements including the
coordination of the reclamation of the site with the adopted East Greeley
Study. The applicant has stated the reclamation of the site will be
addressed in such a way as it enhances the natural habitat of the river
corridor, and by default minimizes the negative impacts and treats them
as an amenity. Adjacent land uses to the south include a rural
residential development pattern on large tracts of land sited in close
proximity to 16th Street with livestock and/or commercial operations.
These properties are within the Union Colony Lands Subdivision and are
at a higher elevation than the proposed mine site. The materials
processing, including concrete or asphaltic batch plants and/or recycling
operations component, will be located a minimum of four hundred
fifty (450) feet from the property line in the southeast quadrant of the site,
as identified in the site drawings as Tract A. The applicant has
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submitted a Noise Abatement Plan, and Development Standard #10
restricts the noise level to the I (Industrial) Zone District Standard, as
delineated in Section 14-9-30 of the Weld County Code. Approval of this
use will not jeopardize the health, safety and welfare of the surrounding
property owners.
e. Section 23-2-230.B.5 --The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area, as delineated on FIRM Community Panel
Map#080266-0637C, dated September 28, 1982, for the floodplain.
Flood Hazard Development Permits will be required for all structures in
the floodplain; however, no permanent structures or stockpiling of
materials will be permitted in the floodway. Building permits issued on the
site will be required to adhere to the following:
1) Effective April 25, 2011, building permits issued on the subject site
will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
2) Effective April 25, 2011, 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.
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 property to be mined contains no "Prime" agricultural
lands, thus, no prime farmland will be taken out of production with this
proposal. The subject site is primarily classified as "Other Land" as
delineated on the United States Department of Agriculture (U.S.D.A) Soils
Map of Important Farmlands of Weld County, dated 1979. The entire site
holds post sugar beet processing organic materials over an aggregate
mineral resource of sand, gravel and stone. Section 22-5-80.A.1
(CM.Policy 1.1) states, "Access to future mineral resource development
areas should be considered in all land use decisions in accordance with
state law. No county governmental authority which has control over
zoning shall, by zoning, rezoning, granting a variance or other official
action or inaction, permit the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor."
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 health, safety, and welfare of
the inhabitants of the neighborhood and County.
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h. Section 23-4-250 -- Additional requirements for open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Varra Companies, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1760 for a Mineral Resource
Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and
Materials Processing including concrete or asphaltic batch plants and/or recycling operations in
the 1-3 (Industrial) 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 submit a Mitigation Plan to the Department of
Planning Services, for review and approval. This plan shall include the
specifications of any proposed berms. The proposed berms will be
extended to mitigate impacts to the surrounding properties and adjacent
road rights-of-way. The applicant shall use breaks in the berm with
appropriate screening materials to fill the void, culverts, or some other
method that will allow water to flow freely.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response, dated December 28, 2010.
Written evidence of approval shall be submitted to the Department of
Planning Services.
C. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response, dated
January 17, 2011. Written evidence of approval shall be submitted to the
Department of Planning Services.
D. The applicant shall address the requirements of the City of Greeley, as
stated in the referral response, dated December 17, 2010, and follow-up
electronic message, dated June 2, 2011. Written evidence of approval
shall be submitted to the Department of Planning Services.
E. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment, and reduces the conflicts
between mineral development, and current and future surface uses."
Section 22-5-100.6 of the Weld County Code states "...Encourage
cooperation, coordination and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral
estate." Section 22-5-100.B.1 of the Weld County Code states, "New
development should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an
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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.
F. The applicant shall address the requirements/concerns of the Colorado
Division of Water Resources, as stated in the referral response, dated
November 30, 2010. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
G. A Flood Hazard Development Permit (FHDP) is required in order to
construct any type of building, place fill, or conduct mining operations
within the FEMA designated floodplain. Please note that it may be
necessary to utilize hydraulic modeling to show the impact of mining on
adjacent properties. For FHDP modeling purposes, it will be necessary to
utilize the Army Corps of Engineers modeling that has been accepted by
FEMA. The applicant shall provide written evidence to the Department of
Public Works indicating the application has been conditionally approved.
H. The applicant shall provide the Department of Public Works a detailed
drawing of the various access points, including showing the entrance and
exit lanes with adequate turning radiuses, paving to the scale house area,
small paved parking lot to accommodate customers, circulation pattern on
the immediate area including employee parking, truck parking area,
etcetera. Written evidence shall be submitted to the Department of
Planning Services.
Evidence shall be provided to the Department of Planning Services that
all vehicles located on the property are operational with current license
plates, or are screened from all adjacent properties and public
rights-of-way, or will be removed from the property. All other items
considered to be part of a non-commercial junkyard must also be
removed from the property or screened from adjacent properties and
public rights-of-way. Evidence of approval shall be submitted, in writing,
to the Department of Planning Services.
J. The applicant shall submit evidence, from the Colorado Division of Water
Resources, demonstrating the well and substitute water supply plan are
appropriately permitted for the industrial use or provide a Will Serve letter
from a water district. This requirement is for water that will be utilized for
potable uses, as well as, be used for dust control. Written evidence of
approval shall be submitted to the Department of Planning Services.
K. The applicant shall complete all proposed improvements, including those
regarding access improvements and parking lot requirements, or enter
into an Improvements Agreement According to Policy Regarding
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Collateral for Improvements and post adequate Collateral for all required
materials. The agreement and form of Collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners, prior
to recording the USR plat.
L. 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
provide evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1760.
B. The on-site parking, site access, site circulation, site entrance and exit
lane requirements, and auxiliary lanes, as approved by the City of
Greeley, Department of Public Works, and the Department of Planning
Services, shall be identified on the plat.
C. The location of any on-site signs.
D. Oil and Gas encumbrances, including gathering lines with appropriate
setbacks, shall be delineated on the plat.
E. Setbacks to the mining operation are measured from the right-of-way or
future right-of-way lines, plus the standard setback of 25 feet in the
I (Industrial) Zone District. No structure will be allowed in the future
right-of-way.
F. The locations of the topsoil, overburden, and product stockpiles shall be
identified on the maps. Note that stockpiles cannot be placed in the
floodway and stockpiles located within the 100-Year Floodplain must be
shown to have no impact on the water surface elevations on the adjacent
properties not owned by the applicant. In order to minimize the impact to
adjacent properties, stockpiles must also be oriented to be parallel to the
flood flows.
G. All future and existing City of Greeley and County Roads shall be
delineated on the plat, including their existing and future right-of-way.
H. All known and recorded easements and rights-of-way that may be present
on the site shall be delineated on the plat.
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I. Drill envelopes shall be delineated on the plat, in accordance with State
requirements, should an oil and gas surface use agreement not be
completed and/or recorded. The plat shall be amended to include any
possible future drilling sites.
3. One month prior to construction:
A. The County, in cooperation with the City of Greeley, is requiring a tracking
pad to prevent tracking of mud and gravel onto the paved roadway. The
tracking pad may consist of a paved apron, 200 feet of recycled asphalt,
and 100 feet of tracking rock. If this construction does not work, the
applicant will be required to install 100 feet of asphalt or concrete
pavement with double cattle guards.
B. The applicant shall provide written approval for the proposed access
points from the City of Greeley.
4. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement
of any structure such as a scale, concrete and asphalt plant, office,
recycling plant, office trailer, and any other structures placed on the
parcels. An electrical permit will be required for any electrical service to
equipment. A plot plan shall be submitted when applying for building
permits showing all structures with accurate distances between
structures, and from structures to all property lines.
5. The Use by Special Review activity shall not occur, nor shall any building 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.
6. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the plat, prior to recording. The completed plat shall
be delivered to the Department of Planning Services and be ready for recording
in the Weld County Clerk and Recorder's Office within sixty (60) days of approval
by the Board of County Commissioners.
7. 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 was signed,
a $50.00 recording continuance charge may be added for each additional
three (3) month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ire • CCUSED
ara Kirkmeyer, Chair
Weld County Clerk to the Board .. j
��,�� P. C w y, Pro-Tem
BY Dep I Board ��;?"-- • g
Willis F. Garcia
APP D •
AEXCUSED
David E. Long
C_
unty Attorney r , ,Dougs Radem cher
Date of signature: ' "4' /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VARRA COMPANIES, INC.
USR#1760
1. A Site Specific Development Plan and Use by Special Review Permit #1760 for a
Mineral Resource Development Facility including Open Pit Gravel Mining (sands,
gravels and stones) and Materials Processing including concrete or asphaltic batch
plants and/or recycling operations in the 1-3 (Industrial) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the Waste Handling Plan, at all times.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. Any vehicle washing area 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.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
I (Industrial) Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. The sanitary facilities at the adjacent Durham
facility (SUP-345) shall be available for use.
12. 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.) Regulations.
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13. Portable toilets may be utilized on sites that are temporary locations of the working face
and portable processing equipment, etcetera, for up to six (6) months at each location.
14. Bottled water shall be provided to employees at the temporary locations of the working
face, at all times.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, at all times.
16. The applicant shall comply with the Drinking Water Section of the Water Quality Control
Division of the Colorado Department of Public Health and Environment, if applicable.
17. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
18. 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 and volatile organic compounds. All chemicals must be stored
securely, on an impervious surface, and in accordance with manufacturer's
recommendations.
19. The applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division, if
applicable.
20. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
21. The operation shall comply with the Mine Safety and Health Act (MSHA).
22. The operation shall comply with the Occupational Safety and Health Act (OSHA).
23. 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 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 site meet, or exceed, the
level of fifteen-to-one dilution threshold, or in the judgment of the Director of Public
Health and Environment, there exists an odor condition requiring abatement.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
26. Lighting provided for security and emergency night operations on the site shall be
designed so that the lighting will not adversely affect surrounding property owners.
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27. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, except in the case of public or private
emergency, or to make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.
28. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust, and erosion.
29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
30. 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.
31. Prior to vacation of the Use by Special Review (USR), if mining has occurred, a Letter of
Map Revision (LOMR) must be approved by the Federal Emergency Management
Agency (FEMA), pursuant to floodplain regulations codified in the Code of Federal
Regulations (CFR), Title 44, Parts 60 and 65.
32. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
33. The site is located within the FEMA mapped Zone A 100-Year Floodplain and the
floodway. Weld County Code Section 23-5-250 prohibits development including, but not
limited to, the construction of buildings and the placement of fill (stockpiles) within the
floodway.
34. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that 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.
35. If any work associated with this project requires the placement of dredge or fill material,
and any excavation associated with a dredged or fill project, either temporary or
permanent, in waters of the United States which may include streams, open water lakes
and ponds or wetlands at this site, the Department of the Army Corps of Engineers shall
be notified by a proponent of the project for proper department of the Army permits or
changes in permit requirements, pursuant to Section 404 of the Clean Water Act.
36. A building permit shall be obtained prior to the construction or placement of any
structure such as a scale, concrete and asphalt plant, office, recycling plant, office trailer
and any other structures placed on the parcels. An electrical permit will be required for
any electrical service to equipment. A plot plan shall be submitted when applying for
building permits showing all structures with accurate distances between structures, and
from structures to all property lines.
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37. A plan review is required for each building for which a building permit is required. The
plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit.
38. 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; 2008 National Electrical Code; 2006 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
39. Each structure set on a foundation will require an engineered foundation, based on a
site-specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado
registered engineer.
40. Building wall and opening protection and limitations, and the separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
41. Building height shall be measured in accordance with the Building Code for the purpose
of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23
of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
42. Effective April 25, 2011, building permits issued on the subject site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
43. Effective April 25, 2011, 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.
44. Should human remains be discovered during mining activities, the requirements under
State Law C.R.S. Part 13 apply and must be followed.
45. The property owner/operators shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
46. The property owner/operators shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
47. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250 of the Weld County Code.
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DEVELOPMENT STANDARDS -VARRA COMPANIES, INC (USR-1760)
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48. 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.
49. 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.
50. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval, or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence
the use or revoke the Use by Special Review. If the Use by Special Review is revoked,
it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4
of the Weld County Code in order to re-establish any Use by Special Review.
51. 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.
2011-1906
PL2120
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