HomeMy WebLinkAbout20091398.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #897 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING,
INCLUDING CONCRETE AND ASPHALT RECYCLING, AND A CONCRETE AND
ASPHALT BATCH PLANT FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT -
AGGREGATE INDUSTRIES - WCR, 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 17th day
of June, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Aggregate Industries - WCR, Inc., 1707 Cole Boulevard, Golden,
Colorado, 80401, for a Site Specific Development Plan and Second Amended Use by Special
Review Permit #897 for a Mineral Resource Development Facility, including Open Pit Mining
and Materials Processing, including Concrete and Asphalt Recycling, and a Concrete and
Asphalt Batch Plant Facility, in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
The W1/2SW1/4, and part of Lot A of Recorded
Exemption #247, being part of the E1/2SW1/4 of
Section 29; all of the N1/2 and N1/2S1/2 and a
portion of the E1/2NE1/4 of Section 32; together
with a parcel located within the SW1/4 NW1/4 of
Section 33, also known as Lot B of Recorded
Exemption #1539; together with a parcel in the
NW1/4 SW1/4 and Lots A and B of Recorded
Exemption #978, being the NW1/4NW1/4 of
Section 33; part of the NE1/4 and a parcel of land
in the SE1/4NE1/4 of Section 32; all located within
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on June 17, 2009, the Board deemed it advisable to
continue the matter to July 15, 2009, in order to allow additional time for the applicant to
address a Road Maintenance and Improvements Agreement, a Surface Use Agreement, and
the concerns presented by surrounding property owners, and
WHEREAS, at said hearing on July 15, 2009, the applicant was represented by Barb
Brunk, Resource Conservation Partners, LLC, P.O. Box 1522, Longmont, Colorado 80502, 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
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2ND AMEND SPECIAL REVIEW PERMIT #897 - AGGREGATE INDUSTRIES - WCR, INC.
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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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.8.1 -- 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 will be
compatible with surrounding properties, which includes 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
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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."
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 Second
Amended Use by Special Review Permit for a Mineral Resource
Development Facility including Open Pit Mining and Materials Processing,
including Concrete and Asphalt Recycling, and a Concrete and Asphalt
Batch Plant Facility, 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. The site consists of
irrigated farmland and pasture land with a majority of the site located
within the 100 -year floodplain. There are riparian areas composed of
wetland and woody plant material adjacent to the Cache La Poudre River.
There are improvements in the form of the concrete and asphalt batch
plants on the site. Surrounding property uses include farmland and rural
residential developments to the north, east and west. The Orr Minor
Subdivision (Rocky Road) is directly south of County Road 64 and
one -half -mile east of County Road 27; to the south is the Poudre River
Ranch residential PUD within the municipal limits of the City of Greeley.
West of County Road 27 (83rd Avenue) is an existing Hall -Irwin asphalt
and concrete batch plant (AmUSR-1125), and to the east of County
Road 29 (71st Avenue) is the Buxman gravel mine (USR-900) and the
former Lowell -Paul Dairy.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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. An existing sand and gravel operation exists to the
west and Bracewell PUD is located to the north. The City of Greeley and
the Cache La Poudre River are located adjacent to the south.
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Compatibility with surrounding land uses will be assured by setbacks,
noise limitations, landscaping measures, and the Conditions of Approval
and Development Standards. The City of Greeley, in the referral dated
December 12, 2008, and updated referral dated May 14, 2009, requested
that the applicant discuss the location of the access to the conveyor
crossing; reclamation of the land near the river; and mining proximity, to
ensure integrity of the Greeley sewer line. The Town of Windsor returned
a referral dated November 17, 2008, indicating no conflict with its
interests, and the Town of Severance did not return a referral.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The site is located within the Flood Hazard
Overlay District area, as delineated on FIRM Community Panel
Maps #080266-0608D and 080266-0609D, dated September 27, 1991,
for the Floodplain. An amended Flood Hazard Development Permit,
AmFHDP-359, has been submitted and is conditionally accepted by the
Department of Public Works. Building Permits issued on the lots will be
required to adhere to the following fees. 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 Storm water/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 Important Farmlands of Weld County map, dated 1979.
Section 22-5-80A.1 (CM.Policy 1.2) states, "Conserve lands which
contain commercial mineral deposits ("aggregate") for potential future use
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.
Section 23-2-230.B.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.
g.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Aggregate Industries - WCR, Inc., for a Site
Specific Development Plan and Second Amended Use by Special Review Permit #897 for A
Mineral Resource Development Facility, including Open Pit Mining and Materials Processing,
including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant Facility, 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. The location of any on -site signs, in compliance with the Weld County
Code.
B. The location of all utility easements and utility corridors.
C. Oil and Gas encumbrances, including gathering lines with appropriate
setbacks.
D. Setbacks to the mining operation are measured from the right-of-way or
future right-of-way lines, plus the standard setback of 20 feet, in the
A (Agricultural) Zone District. No structure will be allowed in the future
right-of-way. A slurry wall or retaining wall is considered a structure.
E. County Road 27 (83rd Avenue, Two Rivers Parkway) is designated on
the Weld County Road Classification Plan as a Strategic roadway, which
requires140 feet of right-of-way at full buildout. There is presently 60 feet
of right-of-way. An additional 40 feet shall be delineated on the plat as
future County Road 27 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the existing
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
F. County Road 64 is designated on the Weld County Road Classification
Plan as a Major Arterial road, which requires 140 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An additional
40 feet shall be delineated on the plat as future County Road 64
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the existing right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
G. County Road 29 (71st Avenue) is designated on the Weld County Road
Classification Plan as a Major Arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way. An
additional 40 feet shall be delineated on the plat as future County
Road 29 right-of-way. All setbacks shall be measured from the edge of
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future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way. If the future right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
H. The "O" Street Arterial Corridor Study, (October 2008) identifies
Alternate C as the approved alignment, which extends "O" Street (County
Road 64) directly west through the intersection. This alignment shall be
shown on the plat drawing and identified as the approved alignment.
All existing and delineated future rights -of -way for County Roads 27, 64,
and 29 shall be noted and placed on the plat.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral responses dated December 24, and
December 29, 2008. Unresolved issues include the requirements of the
new temporary access point from County Road 29, the U.S. Highway 34
and County Road 27 intersection improvements, and the updated
Maintenance and Improvements Agreement, as well as requested
amendments to the Drainage Report, dated September 23, 2008.
Evidence of approval, with all conditions met or mitigated, shall be
submitted, in writing, to the Department of Planning Services.
B. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response dated
December 12, 2008. Evidence of approval, with all conditions met or
mitigated, shall be submitted, in writing, to the Department of Planning
Services.
C. The applicant shall attempt to address the requirements of the Windsor
Severance Fire Protection District, as stated in the referral response
dated November 25, 2008. Evidence of applicant's attempt to address
the requirements shall be submitted, in writing, to the Department of
Planning Services.
D. The applicant shall attempt to address the comments of the City of
Greeley, as stated in the referral response dated December 12, 2008,
and the updated electronic mail referral of May 14, 2009. Evidence of
such shall be submitted, in writing, to the Department of Planning
Services.
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.A (OG.Policy 1.1) of the Weld County Code states,
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"...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.8 (OG.Policy 2.8) of the Weld
County Code states, "oil and gas drilling activities should be planned to
accommodate current and future surface activities to the extent such
development can be reasonably anticipated" 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.
F. The existing septic system (SP -0100206) 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.
G. With the reclassification of the roadway and the new alignment study, the
Department of Public Works recommends a redraft of the original
agreement, dated March 15, 1999, to bring this document to a more
current status. The Department of Public Works will provide Aggregate
Industries with a new draft copy, for review and signature.
H. All maps and documents, including the Drainage Report submitted for the
case file and for recording, shall be signed, dated, and stamped by a
Colorado registered professional engineer.
The applicant shall complete an Improvements Agreement According to
Policy Regarding Collateral for Improvements. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board
of County Commissioners prior to recording the Second Amended USR
plat. Alternately, the applicant may submit evidence that all of the
required work has been completed and approved by County staff.
3. Prior to Operation:
A. A building permit application must be completed, and two complete sets
of plans, including engineered foundation plans bearing the wet stamp of
a Colorado registered architect of engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer shall be required.
B. A plan review shall be approved, and a building permit must be issued,
prior to the start of construction.
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C. The applicant shall provide a copy of the approved NPDES permit and
the approved Stormwater Management Plan (SWMP) to the Department
of Planning Services.
D. The conveyor crossing, being approximately 12 -feet -wide by 10 -feet -tall
with 5 feet of cover under "O" Street (County Road 64) extending beyond
the future right-of-way/alignment limits. The two-week notice prior to
obtaining a Right -of -Way Permit and Construction of the crossing for
notice of road closure shall be required. The applicant shall contact the
Department of Public Works to obtain the appropriate permit and to
schedule road closures. A message board shall be placed at the
appropriate two locations, advising motorists utilizing this roadway to
expect closure and to seek alternate routes.
E. There will be limited access to the area north of "O" Street (County Road
64) for equipment and employees. Both sides of the access point will
have a tracking pad installed, may be used intermittently for short-term
hauling of overburden to portions of the mining area on the south side of
the street, and may be used for reclaiming. The second temporary
access will be located along 71st Avenue (County Road 29), for internal
mining setup, as well as access for equipment and employee excavation
activities. Both temporary access points shall have tracking pads,
coordinated with the Department of Public Works, and a Right -of -Way
permit assigned to both locations with appropriate signing and
notification, if needed.
4. Prior to Construction:
A. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated
November 25, 2008. Evidence of approval, with all conditions met or
mitigated, shall be submitted, in writing, to the Department of Planning
Services.
B. The applicant shall post adequate collateral for all required materials.
The form of collateral shall be reviewed by County staff and accepted by
the Board of County Commissioners, or, the applicant may submit
evidence that all work has been completed and approved by County staff.
5. The Second Amended Use by Special Review activity shall not occur, nor shall
any building permits be issued on the property, until the Second Amended 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 Second Amended Use by Special
Review Permit shall be adopted and placed on the Second Amended Special
Review Plat, prior to recording. The completed plat shall be delivered to the
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Weld County Department of Planning Services and be ready for recording in the
Office of the Weld County Clerk and Recorder within 180 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 Second Amended Special Review Plat not be recorded within
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY%/V 4
Deputy Cle
1
to the Board
APPROVED AS TO F,9RM:
Date of signature: C�t i9(9
BOARD OF COUNTY COMMISSIONERS
WEL COUORADO
illiam F. Garcia, Chair
SCt-e/GC
ouglaademcher, Pro-Tem
Sean P. Conway i
ra Kirkmeyerr
David E. Long
2009-1398
PL0687
SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGGREGATE INDUSTRIES - WCR, INC.
2NDAMUSR-897
1. A Site Specific Development Plan and Second Amended Use by Special Review Permit
#897 is for a Mineral Resource Development Facility including Open Pit Mining and
Materials Processing, including Concrete and Asphalt Recycling, and a Concrete and
Asphalt Batch Plant Facility, 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 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 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.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the Dust Abatement Plan at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Portable toilets may be utilized on the sites which are temporary locations of the working
face and portable processing equipment, etcetera for up to six months at each location.
12. Bottled water shall be provided to employees at the temporary locations of the working
face at all times.
13. A permanent, adequate water supply (Sharkstooth Water) shall be provided for drinking
and sanitary purposes.
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14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner which will prevent nuisance conditions.
15. 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.
16. The applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division, if
applicable.
17. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
22. 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.
23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
24. Lighting provided for security and emergency night operation on the site shall be
designed so that the lighting will not adversely affect surrounding property owners, in
compliance with Section 23-3-360 of the Weld County Code.
25. The hours of operation for sand and gravel operations are limited 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.
26. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over
the reclaimed areas.
27. 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.
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28. All traffic utilizing the existing processing area will continue to use the existing main
access point on 83rd Avenue (County Road 27), with the primary haul routes being 83rd
Avenue, south to U.S. Highway 34 Business, and north/west to County Road 27, east to
County Road 31 (Haul Route).
29. 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.
30. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
31. 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, is within waters of the United States, which may include streams, open water
lakes, ponds, or wetlands at this site, the Department of the Army, Corps of Engineers,
shall be notified by a proponent of the project for the proper permits or changes in permit
requirements, pursuant to Section 404 of the Clean Water Act.
32. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screening, and Berm Plan.
33. A building permit shall be obtained prior to the construction or placement of any
structure, such as a scale, concrete and asphalt plant, office, concrete casting facility,
recycling plant, office trailer, 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 when applying for building permits, showing all structures with accurate
distances between structures, and from structures to all property lines.
34. A plan review is required for each building for which a building permit is required. 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.
35. Buildings shall conform to the requirements of the current building regulations which
have been adopted at the time of building permit application, or the 2006 International
Building Code and Chapter 29 of the Weld County Code.
36. 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.
37. 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.
38. 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
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PAGE 4
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.
39. The Conditions of Approval for the Amended Flood Hazard Development Permit shall be
adhered to for all buildings, stockpiling, and berming in the 100 -year flood plain.
40. 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.
41. 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.
42. Should human remains be discovered during mining activities, the requirements under
State law (C.R.S. part 13) apply and must be followed.
43. The number of employees associated with the daily operations is limited to 35 persons.
44. Existing trees, shrubs, and ground cover adjacent to public road frontage and
drainageways 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.
45. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
46. The property owner or operator 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, Weld County Code.
48. 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.
49. The Second Amended 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
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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 the Weld County
Code in order to reestablish any Use by Special Review.
51. 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. (Department of Planning Services)
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