HomeMy WebLinkAbout20100319.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1657 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT GRAVEL MINING AND MATERIALS PROCESSING, IN THE
A (AGRICULTURAL) ZONE DISTRICT- LAFARGE WEST, 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 3rd day of
March, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lafarge West, Inc., 11409 Business Park Circle, Suite 200, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1657 for a Mineral Resource Development Facility, including Open Pit Gravel Mining
and Materials Processing, in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
E1/2 SE1/4 of Section 25; NE1/4 of Section 36,
Township 6 North, Range 67 West; and the W1/2
SW1/4 of Section 30; NW1/4 of Section 31,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jennifer Vecchi, Vecchi
and Associates, 3509 Camden Drive, Longmont, Colorado 80503, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable
and orderly development of mineral resources." According to the
Weld County Sand and Gravel Resources Map, dated July 1,
1975, the northern part of the property is classified as
2010-0319
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 2
T-4 (Stream-terrace deposits — unevaluated coarse and fine
aggregate resources), and the southern portion of the property is
classified as F-1 (Floodplain and Valley-Fill Deposits — relatively
clean and sound). The application materials indicate the site
contains approximately 6 to 18 feet of sand and gravel resources
underneath 3 to 9 feet of overburden topsoil.
2) Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads, and
highways." The application proposes to place the processing area
in the northeastern portion of the site, behind a linear berm
planted in herbaceous material with woody plant material to
prevent the erosion process and create visual interest. There is
one single family residence adjacent to the northeast [Etters] and
a second residential structure [Etters] to the southeast of the plant
location. Proposed access to the site will be from County
Road 64.5, annexed in 2009 by the City of Greeley via an internal
access and utility road, which will be paved for a minimum of 300
feet from the entrance into the site.
3) Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all
mining operations conform to federal, state, and local
environmental standards." CM.Policy 4.1.5. states, "Require,
where possible, that batch plants and processing equipment be
buffered from adjacent uses." The processing area will be located
in the northeastern portion of the site, approximately 400 feet from
the nearest residence.
b. Section 23-2-230.6.2 -- 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 Facility, including
Open Pit Gravel Mining and Materials Processing, in the A (Agricultural)
Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by agricultural and rural residential uses. A reclaimed gravel
mine is located to the southeast of the Parson mine and an active gravel
operation is located to the east. The Conditions of Approval and
Development Standards will ensure the proposed operation will be
compatible with existing surrounding land uses. A Landscape and
Screening Plan, addressing screening of the proposed gravel mining
operation from adjacent residential properties, is required as a Condition
of Approval for this permit.
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
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 3
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 proposed site is located within the three-mile referral
areas of the City of Greeley, and the Towns of Severance and Windsor.
The proposed site is also located within the Urban Growth Boundary of
the Town of Windsor. The Town of Severance, in the referral response
dated May 28, 2008, indicated no conflicts with its interests. The City of
Greeley, in the referral response dated June 19, 2008, indicated it may
recommend approval of the application with proper environmental
mitigation and reclamation techniques, along with appropriate right-of-way
dedication. The Town of Windsor, in the referral response dated June 12,
2008, recommended approval of the application, subject to the following
conditions: a) dedication of additional right-of-way along County
Road 64.5; b) dedication of a future conceptual right-of-way alignment of
140 feet, 70 feet on each side of centerline (County Road 64) for the
future alignment and connection to Crossroads Boulevard/"O" Street; and
c) dedication of the right-of-way for Crossroads Boulevard/"O" Street.
Further, the Board of County Commissioners has adopted a proposed
alignment for County Road 64/"O" Street which traverses through this
property.
e. Section 23-2-230.6.5 --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 Maps
080266 1529E and 1529E, dated June 10, 2005. A Flood Hazard
Development Permit will be required prior to operation, as no structures
will be allowed in the floodway, and structures will be allowed in the
floodplain only with an approved Flood Hazard Development Permit.
Effective January 1, 2003, building permits issued on the subject site 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.
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 subject site is primarily classified as "Prime" and
"Irrigated Prime" land, as delineated on the Important Farmlands of Weld
County map, dated 1979. 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."
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 4
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Lafarge West, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1657 for a Mineral Resource
Development Facility, including Open Pit Gravel Mining and Materials Processing, 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. 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 also
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 agreement with the property's mineral
owner/operators stipulating 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 State requirements, as an attempt to mitigate
concerns. Surface Use Agreements have been executed with Noble
Energy Production, Inc., Tigges Oil, LLC, Petro-Canada Resources, Inc.,
and Blue Chip Oil, Inc.
B. County Road 25 is a graded gravel road, annexed in 2009 by the City of
Greeley. The existing right-of-way is sixty feet, thirty feet on each side of
centerline. All setbacks shall be measured from the edge of future
right-of-way. Access, additional right-of-way, and similar road
improvements must adhere to the City of Greeley's requirements.
County Road 25 is maintained by the City of Greeley.
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 5
C. County Road 64 ("O" Street) is designated on the Weld County Road
Classification Plan as an Arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 0 (zero) feet of right-of-way
within the USR-1657 boundary, therefore 140 feet of right-of-way, to
accommodate the conceptual alignment of County Road 64 ("O" Street)
right-of-way, is delineated on the plat where it traverses the Parson's
Mine site. All setbacks shall be measured from the edge of future
right-of-way.
D. County Road 64.5 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall verify the existing right-of-way and
documents creating the right-of-way. If the existing right-of-way cannot
be verified, it shall be reserved. All setbacks shall be measured from the
edge of future right-of-way. The future right-of-way shall be delineated on
the plat. Access, additional right-of-way, and similar road improvements
must adhere to the City of Greeley's requirements. County Road 64.5 is
maintained by Weld County, the City of Greeley, and/or private parties
through Road Maintenance Agreements.
E. The applicant shall adequately address all comments and submit the
requested document, as stated in the Department of Public Works
referral, dated January 11, 2010. Written evidence of approval by the
Department of Public Works must be submitted to the Department of
Planning Services. Items to be addressed include, but are not limited to:
1) An updated Final Drainage Report.
2) An updated Flood Hazard Development Permit.
3) The applicant shall enter into an Improvements Agreement (Long
Term Road Maintenance) According to Policy Regarding
Collateral for Improvements (Parson Mine, USR-1657).
F. The applicant shall provide a written and recorded ditch crossing, and/or
relocation agreement with the Whitney Ditch Company.
G. 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. Evidence of approval shall be provided to
the Department of Planning Services. The plan shall include, at a
minimum, the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 6
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).
H. The plat shall be amended to delineate the following:
1) Access to County Road 64.5 shall be paved for a width of not less
than thirty (30) feet and constructed with adequate turning radii of
not less than 50 feet to accommodate two-way traffic, and match
the existing grade of County Road 64.5. The pavement shall
extend through the scale house/office area or 300 feet minimum,
whichever is less, and a small paved parking lot shall be
constructed to accompany the facility.
2) The improvements to County Road 64.5, including, but not limited
to, turn lanes and associated right-of-way to be obtained.
3) Off-street parking/loading areas, including the access to the scale
house from the pit area, shall be surfaced with adequate gravel or
pavement, and shall have adequate dust control throughout the
approach and loading areas.
4) The applicant must provide written evidence from the Whitney
Ditch Company of an agreeable easement, appropriately sized
and located, to accommodate the ditch and ditch operations. This
recorded Ditch Easement shall be delineated on the plat.
The applicant must collectively come to an agreement with the Weld
County and City of Greeley Departments of Public Works, regarding
acceptable design parameters for the access and final road design of
County Road 64.5, so that safety concerns are adequately addressed.
2. One Month Prior to Construction Activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one (1) acre in area. For
more information, the applicant shall contact the Colorado Department of
Public Health and Environment, Water Quality Control Division, at
www.cd p he.state.co.us/wq/Perm its U n it.
B. A Grading Permit shall be obtained, indicating the proposed grading,
erosion control plans, and the Stormwater Discharge Permit.
C. All work in the County right-of-way will require a County Right-of-Way
Permit; and a Traffic Control Plan, if traffic will be impacted.
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 7
D. All work in the City of Greeley right-of-way will need a City Right-of-Way
Permit and a Traffic Control Plan, if traffic will be impacted.
E. Final Construction Drawings for improvements to County Road 64.5 must
be submitted to the Weld County Department of Public Works and the
City of Greeley, for review and acceptance. Written evidence of
compliance shall be submitted to the Department of Planning Services.
3. Prior to Construction:
A. A building permit shall be obtained prior to the construction or placement
of any structure such as a scale, office, or 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 with the application for
building permits and shall indicate all structures with accurate distances
between structures, and from structures to all property lines. No
structures or buildings will be allowed in the floodway.
B. The applicant shall install a Stop sign at the exit of the pit approach onto
County Road 64.5.
C. The applicant shall submit plans for the office/scale house to the
Windsor-Severance Fire Protection District, for review and approval.
D. The applicant shall provide the Department of Planning Services with an
approved Colorado Division of Water Resources Substitute Water Supply
Plan or court-approved Augmentation Plan.
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. Evidence of approval shall
be submitted to the Departments of Planning Services and Public Health
and Environment.
F. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any vehicle maintenance facility located on the site
which is equipped with a floor drain. Alternately, the applicant may
provide evidence from the EPA that they are not subject to the EPA
Class V requirements (new EPA rule effective 4/5/2000).
G. The applicant shall provide the Department of Planning Services with
written evidence of approval of the final construction plans from the City
of Greeley, and provide a timeline for completion of all road infrastructure
improvements associated with this facility.
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 8
H. The applicant shall obtain the necessary right-of-way permits from the
Department of Public Works prior to the start of construction activities
within the Weld County right-of-way.
The applicant shall obtain the necessary right-of-way permits from the
City of Greeley, Department of Engineering and the Department of Public
Works, prior to the start of construction activities within the City of Greeley
right-of-way.
J. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements (On-Site/Off-Site) and post
adequate collateral for both the on-site and off-site improvements. The
agreement and form of collateral shall be submitted to, and reviewed by,
the Departments of Public Works and Planning Services, and accepted
by the Board of County Commissioners. Alternately, the applicant may
submit evidence that all work has been completed and approved by the
Departments of Public Works and Planning Services.
4. Prior to Commencement of Operations:
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, to the Weld County Departments of Public Health and
Environment and Planning Services.
B. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment
(CDL&E), Oil Inspection Section, for any aboveground storage tanks
located on the site. Alternately, the applicant may provide evidence from
the (CDL&E), Oil Inspection Section, that they are not subject to these
requirements.
C. The applicant shall submit As-Built drawings for all improvements to
County Road 64.5 within the County right-of-way.
D. In the event that one (1), or more, acre(s) is/are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
E. The applicant shall complete all proposed improvements, including those
regarding landscaping and screening, adjacent to the Plant Site
(Phase 1A); County Road 64.5 road improvements; access
improvements; and parking lot requirements, or enter into an
Improvements Agreement According to Policy Regarding Collateral for
Improvements and post adequate collateral for all required materials and
work. The agreement and form of collateral shall be reviewed by the
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 9
Department of Public Works and Department of Planning Services and
accepted by the Board of County Commissioners.
5. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office/scale house and shall be installed according to the Weld
County I.S.D.S. Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
C. The applicant shall provide evidence of a North Weld County Water
District Commercial Tap for the office, scale house, and associated
on-site uses. Evidence of approval shall be submitted, in writing, to the
Department of Planning Services.
6. 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.
7. Upon completion of Condition of Approval #1 above, the applicant shall submit
three paper copies of the Use by Special Review Permit (USR-1657) plat,
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code, along with all other documentation required as Conditions of
Approval, to the Department of Planning Services for review and approval.
8. The Mylar plat, with the attached Development Standards, shall be prepared and
delivered to the Department of Planning Services and be ready for recording in
the Weld County Clerk and Recorder's Office within one hundred eighty (180)
days of approval by the Board of County Commissioners.
9. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred eighty
(180) 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.
2010-0319
PL2024
SPECIAL REVIEW PERMIT#1657 - LAFARGE WEST, INC.
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
• 111,,/ WELD COUNTY •LORADO
el*ATTEST: ' '
(5 iou la 'ademac r, air
Weld County Clerk to the iV fmtII
ara Kirkmeyer, Pro Tem
De y Cler the Board l —�-
S nCo ay) )
APPROVA . RM:
Wiliam F. Garcia('
Q unty Attorney c,y E 'C
David E. Long I
Date of signature: 3 151/0 U
2010-0319
PL2024
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAFARGE WEST, INC.
USR #1657
1. A Site Specific Development Plan and Use by Special Review Permit #1657 is for a
Mineral Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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 which 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 which 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.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14). Note: No tanks will be allowed in the
floodway, and tanks placed in the flood fringe must be anchored and permitted through a
Weld County Flood Hazard Development Permit (FHDP).
8. 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.
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
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the office and plant site area.
12. Adequate hand washing and toilet facilities shall be provided for employees, service
people, and company vendors.
2010-0319
PL2024
DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1657)
PAGE 2
13. 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.
14. Portable toilets may be utilized on sites which are temporary locations of the working
face and portable processing equipment, etcetera, for up to six (6) months at each
location. Note: Portable toilets will not be allowed in the floodway and will only be
permitted in the flood fringe if they are anchored and permitted through a Weld County
Flood Hazard Development Permit (FHDP).
15. Bottled water shall be provided to employees at the temporary locations of the working
face, at all times.
16. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner which will prevent nuisance conditions. Note: No
stockpiles will be allowed in the floodway and will only be allowed in the flood fringe if
they are permitted through a Weld County Flood Hazard Development Permit (FHDP),
and are oriented parallel to the direction of flow in the floodplain.
17. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with product labeling, and in a manner which
minimizes the release of hazardous air pollutants and volatile organic compounds.
18. The applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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 all applicable rules and regulations of state and federal
agencies, and the Weld County Code.
21. 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.
22. 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.
23. The number of employees on the site at one time shall not exceed sixteen (16).
2010-0319
PL2024
DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1657)
PAGE 3
24. 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.
25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
26. 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 Section 15-1-180 of the Weld County Code.
27. The applicant shall submit plans for the office/scale house to the Windsor/Severance
Fire Protection District, for review and approval.
28. 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.
29. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
30. Access to County Road 64.5 shall be paved with a 50-foot turning radius, a minimum of
24 feet in width, and shall match the existing grade to accommodate two-way traffic.
The pavement shall extend through the scale house/office area, or 300 feet minimum,
whichever is less, and a small paved parking lot shall accompany the facility.
31. Off-street parking/loading areas, including the access to the scale house from the pit
area, shall be surfaced with adequate gravel, or the equivalent, and shall have adequate
dust control throughout the approach and loading areas.
32. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
33. Building permits will be required for all new structures prior to construction. A demolition
permit will be required for each of the buildings which are to be demolished. Each
demolition permit application shall include an asbestos certification letter, as required by
the State of Colorado.
34. A plan review is required for each building. Plans will require the wet stamp of a
Colorado registered architect or engineer.
35. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
36. Fire resistance of walls and openings, construction requirements, maximum building
height, and allowable areas, as well as occupancy classification, will be reviewed at the
plan review stage.
2010-0319
PL2024
DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1657)
PAGE 4
37. A letter of approval from Windsor-Severance Fire Protection District is required prior to
the issuance of building permits.
38. Weld County shall not be responsible for the maintenance of on-site drainage-related
features.
39. A Flood Hazard Development Permit shall be submitted, and conditionally approved, for
buildings constructed or moved, and for stockpiles in the 100-year floodplain.
40. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code.
41. Effective January 1, 2003, building permits issued on the subject site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
42. 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.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
45. 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.
46. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
47. 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.
48. 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 reestablish any Use by Special Review.
2010-0319
PL2024
DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1657)
PAGE 5
49. 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.
2010-0319
PL2024
Hello