HomeMy WebLinkAbout20071972.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1611 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
GRAVEL MINING, EXPORT AND IMPORT MATERIALS, SCALE HOUSE, AND AN
OFFICE, IN THE A (AGRICULTURAL) ZONE DISTRICT - LOT HOLDING
INVESTMENTS, LLC / ROBERT AND VALERIE PARKER, C/O HALL-IRWIN
CORPORATION
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 1st day of
August,2007,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Lot Holding Investments, LLC,301 Centennial Drive, Milliken,Colorado 80543,and
Robert and Valerie Parker, 634 County Road 23.5, Brighton, Colorado 80601, do Hall-Irwin
Corporation, Attn:Jeff Gregg, 301 Centennial Drive, Milliken, Colorado 80543,for a Site Specific
Development Plan and Use by Special Review Permit#1611 for a Mineral Resource Development
Facility, including gravel mining,export and import of materials,scale house, and an office, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Amended Subdivision Exemption#656,being part of
the SE1/4; Lot B of Amended Recorded Exemption
#4290, being part of the SE1/4; and Lot B of
Recorded Exemption #1352, being part of the
SW1/4NE1/4; all in Section 36, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Danna Ortiz,Civil Resources,LLC,323 Fifth
Street, P.O. Box 680, Frederick, Colorado 80530, at said hearing, 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:
2007-1972
PL1914,
l'(7 ( PC, /*a(6)) nitz 2foa a a3/0>
SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, CIO HALL-IRWIN CORPORATION
PAGE 2
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.
Section 22-5-80.8(CM.Goal 2)states,"Promote the reasonable and orderly
development of mineral resources." The site consists of three parcels. One
of the parcels lies north and west,while the other two parcels lie south and
west of AMUSR-1172 and 2ndAMUSR-1172 (Baseline Resource).
AMUSR-1172, approved by the Board of County Commissioners on
February 9,2000,and 2ndAMUSR-1172,approved on July 25,2001,are for
dry sand and gravel mining operations. The applicant is proposing to export
the gravel from the subject site by conveyor to the AMUSR-1172 and
2ndAMUSR-1172 site for processing.
1) Section 22-5-80.8 (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads, and
highways." The Department of Public Works has stated the
applicant has a Road Maintenance and Improvements Agreement
with Adams County for the haul route east from the entrance on
County Road 2 to State Highway 85. A copy of the approved
agreement should be carried across to this site. The Department of
Public Works is requiring,as a Development Standard,that if in the
future the maintenance of County Road 2 becomes the responsibility
of Weld County,the applicant shall enter into a Road Maintenance
and Improvements Agreement with the Board of County
Commissioners. The Department of Public Works will not support
allowing truck traffic on County Road 23.5. The applicant has
provided an existing traffic study indicating that the facility will not
generate any new mining traffic to the system,as they are proposing
to move all the aggregate internally by a conveyor belt or trucking
system.
2) Section 22-5-80.D.1.h(CM.Policy 4.1.8)states,"Require all mining
operations to conform to federal, state, and local environmental
standards." The State of Colorado, Division of Water Resources,in
the referral dated March 14,2006,states the gravel mining operation
will cause depletions to the South Platte River due to evaporative
losses from exposed ground water and operational losses.
A Substitute Water Supply Plan (SWSP), or court-approved
Augmentation Plan, must be obtained to replace the depletions
caused by the operation.
b. Section 23-2-230.8.2--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 fora Site Specific Development Plan and Amended Use by Special
Review Permit for a Mineral Resource Development Facility,including gravel
mining, export and import of materials, scale house, and an office, in the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION
PAGE 3
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is
primarily agricultural in nature,with a few homes in the area. The proposed
use would be compatible with surrounding properties,which include gravel
operations to the south and east(AMUSR-1172 and 2nd AMUSR-1172),and
agricultural uses to the west and north. The applicant is proposing to locate
the overburden and topsoil stockpiles along County Road 23.5 on the
southern lot, and smaller piles on the north and west sides of the home
located on County Road 2. No landscaping or screening is proposed on the
site; however,as a Condition of Approval,the applicant is required to submit
a Landscape and Screening Plan.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area,as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities. The
surrounding property is primarily agricultural in nature,with a few homes in
the area. The proposed use will be compatible with surrounding properties,
which include gravel operations to the south and east(AMUSR-1172 and 2nd
AMUSR-1172)and agricultural uses to the west and north. The City of Fort
Lupton, in the referral dated May 1, 2007, indicated it has reviewed the
request and finds no conflicts with its interests. No referrals were received
from Adams County or the City of Brighton. Approval of the proposed use
will not jeopardize the health,safety,or welfare of the surrounding property
owners.
e. Section 23-2-230.8.5--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
#080266-00981 C and Map#080266-00995C, dated September 28, 1982.
A Flood Hazard Development Permit will be required prior to operation.
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 23-2-230.6.6--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"irrigated not prime land"and
"other land"as delineated on the Important Farmlands of Weld County Map,
dated 1979. Section 22-5-80A.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
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION
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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 23-2-230.6.7—The Design Standards(Section 23-2-240),Operation
Standards(Section), 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
insure 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 Lot Holding Investments, LLC/Robert and Valerie Parker,
do Hall-Irwin Corporation, for a Site Specific Development Plan and Use by Special Review
Permit #1611 for a Mineral Resource Development Facility, including gravel mining, export and
import of materials,scale house,and an office,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 22-5-100.6.1 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 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,specifically,the seventy-five(75)
foot radius setback for the future well site shall be delineated on the plat. Drill
envelopes can be delineated on the plat in accordance with the State
requirements as an attempt to mitigate concerns.
B. The applicant shall provide written evidence from the Ditch Company that the
proposed mining and reclamation will not impact its use.
C. The applicant shall submit a detailed Signage Plan to the Department of
Planning Services.
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION
PAGE 5
D. The applicant shall provide current evidence that the facility has an adequate
water supply (i.e., well or community water system) to the Department of
Public Health and Environment. Evidence of approval shall be submitted to
the Department of Planning Services.
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
Weld County Departments of Planning Services and Public Health and
Environment.
F. The applicant shall contact the Department of Public Works, Stormwater
Drainage Section,for additional information regarding stormwaterdrainage
on the site. Evidence shall be submitted to the Department of Planning
Services.
G. The applicant shall submit an application for a Flood Hazard Permit to the
Department of Public Works for review and approval. Evidence from the
Department of Public Works,that the application has been approved,shall
be provided to the Department of Planning Services.
H. The applicant shall submit a Landscape and Screening Plan,identifying the
number,size,and species of all plant material,to the Weld County Planning
Department for review and approval. This plan shall include specifications
of any proposed berms, if required. The proposed berms will be extended
to mitigate impacts to surrounding properties and adjacent road
rights-of-way. The applicant shall use breaks in the berm,with landscaping
to fill the void, culverts, or some other method that will allow water to flow
freely. The planted material shall be sited in a triangulation pattern for
effective screening.
The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral responses dated
April 30, 2007. Evidence of approval shall be submitted, in writing, to the
Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
Greater Brighton Fire Protection District, as stated in the referral response
dated April 26, 2007. Evidence of approval shall be submitted to the
Department of Planning Services.
K. The applicant shall address the requirements and concerns of the State of
Colorado, Division of Water Resources, as stated in the referral response
dated April 24,2007. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION
PAGE 6
L. The applicant shall address the requirements and concerns of the Weld
County Sheriffs Office, as stated in the referral response dated April 29,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall provide evidence that Recorded Exemption #4290,
Amended Recorded Exemption #4290, and Amended Subdivision
Exemption #656 have been approved and recorded.
N. 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. Evidence of approval shall be submitted to the Weld County
Departments of Planning Services and Public Health and Environment.
O. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
P. 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 submitted to
the Department of Planning Services. The plan shall include,at a minimum,
the following:
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
Q. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, 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. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners prior
to recording the plat.
R. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1611.
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, CIO HALL-IRWIN CORPORATION
PAGE 7
2) The attached Development Standards.
3) The on-site parking, circulation, and entrance and exit lanes, as
approved by the Departments of Public Works and Planning
Services.
4) The location of any on-site signs.
5) The approved Landscape and Screening Plan.
6) The slurry wall shall not be located with the future right-of-way.
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.
7) Reference to 'future development' shall be removed from the plat.
8) If exterior lighting is a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld
County Code.
9) Oil and gas encumbrances,including gathering lines with appropriate
setbacks, shall be delineated on the plat.
10) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from all adjacent properties and public
rights-of-way. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
11) County Road 2 (Baseline Road) is designated on the Weld County
Transportation Plan Map as a major arterial road,which requires one
hundred and forty(140)feet of right-of-way at full buildout. There is
presently sixty(60)feet of right-of-way. This road is maintained by
Adams County. The applicant shall contact Adams County to verify
the future right-of-way required for County Road 2,delineate such on
the plat, and verify if an access permit is required. At a minimum, a
total of seventy(70)feet from the centerline of County Road 2 shall
be delineated as right-of-way on the plat.
12) County Road 23.5 is designated on the Weld County Transportation
Plan Map as a local gravel road, which requires sixty (60) feet of
right-of-way at full buildout. There is presently sixty (60) feet of
right-of-way. This road is maintained by Weld County. A total of
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION
PAGE 8
thirty (30) feet from the centerline of County Road 23.5 shall be
delineated as right-of-way on the plat.
13) All future and existing County Roads shall be delineated on the plat,
including the existing and future right-of-way.
2. 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, 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.
B. The applicant shall install a Stop sign at the exit of the pit approach onto
County Road 2.
C. The applicant shall submit plans for the scale/sales house to the Greater
Brighton Fire Protection District for review and approval.
D. One month prior to construction, 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. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
3. Prior to Operation:
A. 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.
4. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed 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.
2007-1972
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SPECIAL REVIEW PERMIT #1611 - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, CIO HALL-IRWIN CORPORATION
PAGE 9
5. 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.
6. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)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 1st day of August, A.D., 2007.
I' "Iira•ARD OF COUNTY COMMISSIONERS
i COUNTY,,�COL RADO
ATTEST: ti 0-1( ,, C. �q
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Weld County Clerk to the Boar / .ry 'a�/
4
illiam J Aro-Tem
BY: A111 � 1/au7 �CCicti ,j7&
De ty CI to the Boary�
William . Garcia
A,P,P -
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Date of signature: S(do/u 7
2007-1972
PL1914
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOT HOLDING INVESTMENTS, LLC
AND ROBERT AND VALERIE PARKER
C/O HALL-IRWIN CORPORATION
USR#1611
1. A Site Specific Development Plan and Use by Special Review Permit#1611 is for a Mineral
Resource Development Facility, including gravel mining, export and import of materials,
scale house,and an office, 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
11. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the site.
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code pertaining to Individual
Sewage Disposal Systems.
2007-1972
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DEVELOPMENT STANDARDS - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION (USR #1611)
PAGE 2
14. 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.
15. The applicant shall remove, handle,and stockpile overburden, soil,sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
16. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
17. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the mining site.
20. 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 constructed as,
traffic control devices.
21. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light,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.
22. The number of employees shall not exceed twelve (12) at any given time on the site, as
stated in the application materials.
23. All material mined at the Parker/Dersham site shall be transported to AMUSR-1172 and
2ndAMUSR-1172(Baseline Resource)by conveyor belts and intemal truck routes only. No
truck haul route is permitted on County Road 23.5 or adjacent roads.
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.
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DEVELOPMENT STANDARDS - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, C/O HALL-IRWIN CORPORATION (USR#1611)
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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 install a Stop sign at the exit of the pit approach onto County Road 2.
28. The applicant shall submit plans for the scale/sales house to the Greater Brighton Fire
Protection District for review and approval.
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 orfill 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 takes place 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.
32. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening 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, 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.
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 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,2005 National Electrical Code,2006 International Fuel Gas Code,and Chapter29of
the Weld County Code.
36. 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
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PL1914
DEVELOPMENT STANDARDS - LOT HOLDING INVESTMENTS, LLC / ROBERT AND
VALERIE PARKER, CIO HALL-IRWIN CORPORATION (USR #1611)
PAGE 4
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.
37. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved,
and for stockpiles in the 100-year floodplain.
38. 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.
39. 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.
40. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
41. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
2007-1972
PL1914
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