HomeMy WebLinkAbout20071095.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1259 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, CONCRETE CASTING
FACILITY, RECYCLING PLANT, MATERIALS BLENDING, IMPORT OF MATERIALS,
AND GRAVEL MINING, 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 2nd day of
May, 2007, 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., 1800 North Taft Hill, Fort Collins, Colorado 80521, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral
Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting
Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the
east 30 acres of the SW 1/4/4 SE1/4 of Section 12;S1/2
of the east 60 acres in the SW1/4 of Section 12;
W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of
Section 12;the east 30 acres of the NE1/4 SW 1/4/4 of
Section 12;part of the N1/2 NE1/4 of Section 24;E1/2
SE1/4 of Section 12, all in Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado, and
W1/2 NW1/4 of Section 18; W1/2 SW 1/4/4 of Section
18; Lots A and B of Recorded Exemption #2347,
being part of the NW1/4 of Section 19;Lots 1 and 2 in
the SW1/4 of Section 19; part of the W1/2 SE1/4 of
Section 19; part of the NW1/4 SE1/4 of Section 19;
W1/2 SW1/4 of Section 7, all in Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Eric Reckentine 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
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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 23-2-230.8.1 --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 currently contains two gravel
operations (SUP-310 and USR-1259). Section 22-5-80.B (CM.Goal 3)
states, "Minimize the impacts of surface mining activities on surrounding
land uses, roads and highways." A Traffic Study is required to be submitted
to the Department of Public Works, for review and approval, prior to
recording the plat. The Department of Public Works has a Long-term Road
Maintenance and Improvements Agreement with Mobile Premix, which is
owned by the Lafarge Company, which is associated with the designated
haul route. This document is adequate and will remain in place. The
Department of Public Works will not support a change in the haul route
allowing truck traffic to head west on Weld County Road 6. All truck traffic
shall head east on Weld County Road 6 and utilize the light at the
intersection of Weld County Road 6 and U.S. Highway 85.
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 fora Site Specific Development Plan and Amended Use by Special
Review Permit for a Mineral Resource Development Facility, including a
Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling
Plant, Materials Blending, Import of Materials and Gravel Mining, 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 currently contains two
gravel operations (SUP-310 and USR-1259). The proposed use will be
compatible with surrounding properties,which include gravel operations to
the south(AMUSR-921 and AMUSR-905)and to the northeast(USR-603 and
USR-695),and agricultural uses to the west. U.S. Highway 85 is to the east
of the site. The applicant is proposing to install a vegetated berm on the
south and east sides of the plant area to shield surrounding landowners and
traffic on U.S. Highway 85 from the operations. The existing cottonwood
gallery to the west and north of the plant site is proposed to remain to buffer
the landowners located west of the site.
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d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities. The
surrounding property is primarily agricultural in nature with a few homes in
the area. The site currently contains two gravel operations(SUP-310 and
USR-1259). The proposed use will be compatible with surrounding
properties, which include gravel operations to the south (AMUSR-921 and
AMUSR-905) and to the northeast (USR-603 and USR-695), agricultural
uses to the west, and U.S. Highway 85 to the east of the site. The City of
Brighton,in its referral dated August 8,2005,suggested the applicant include
a primary trail as part of the site. The City of Fort Lupton, in its referral dated
August 23,2005,recommends approval of the application,but requests that
the screening blend into the site. The City of Fort Lupton further requested
the County continue to provide the City with updates and be aware of the
future traffic issues at the intersection of Weld County Road 6 and
U.S. Highway85. The City of Fort Lupton,in its referral dated April 13,2006,
requested the applicant enter into an annexation agreement prior to the
Board of County Commissioners hearing. No referral was received from
Adams County. Approval of this use will not jeopardize the health,safety,or
welfare of the surrounding property owners.
e. Section 23-2-230.B.5--The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as delineated on FIRM Community Panel
Map #080266-00981C and Map #080266-00983C, dated September 28,
1982. 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; and 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"land and"other"land,
as delineated on the Important Farmlands of Weld County Map,dated 1979.
A portion of the lots are currently farmed. 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 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."
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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
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 Lafarge West, Inc.,for a Site Specific Development Plan
and Amended Use by Special Review Permit#1259 for a Mineral Resource Development Facility,
including a Concrete and Asphalt Batch Plant,Concrete Casting Facility,Recycling Plant,Materials
Blending, Import of Materials,and Gravel Mining, 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. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the Weld County Department of Planning
Services 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.
B. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral responses dated
July 28, 2005, and August 12, 2005. Evidence of approval shall be
submitted, in writing, to the Department of Planning Services.
C. The applicant shall address the requirements and concerns of the
Department of Building Inspection,as stated in the referral response dated
July 12, 2005. Evidence of approval shall be submitted, in writing, to the
Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of the
West Adams and Platte Valley Soil Conservation District, as stated in the
referral response dated July 25,2005,and the letter from the United States
Department of Agriculture, dated January 20, 2005. Evidence of approval
shall be submitted to the Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, as stated in the referral responses dated August 25,
2005,and April 13,2006. Evidence of approval shall be submitted,in writing,
to the Department of Planning Services.
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F. The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in the referral response dated August 28, 2006.
Evidence of approval shall be submitted, in writing, to the Department of
Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Fort Lupton Fire District,as stated in the referral response dated August 26,
2005,and the letter from John Dent,P.C.,dated August 19,2005. Evidence
of approval shall be submitted to the Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
Brighton Ditch Company, as stated in the referral response dated July 31,
2005. Evidence of approval shall be submitted,in writing,to the Department
of Planning Services.
The applicant shall submit a copyof site agreements with the Lupton Bottom
Ditch Company to the Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
August 17,2005. Evidence of such shall be submitted,in writing,to the Weld
County Department of Planning Services.
K. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral responses dated
July 18, 2005, and April 13, 2006. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
L. The applicant shall attempt to address the requirements and concerns of the
Colorado Historical Society,as stated in the referral response dated April 10,
2006. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral responses dated
July 15, 2005, and April 25, 2006. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
N. The applicant shall submit 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.
O. The applicant shall provide a detailed drawing of the access points showing
entrance and exit lanes with adequate turning radii,paving to the scale house
area,small paved parking lot to accommodate customers,circulation pattern
on the immediate area, including employee parking, truck parking area,
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etcetera, to the Department of Public Works. Evidence shall be submitted
to the Department of Planning Services.
P. The applicant shall provide the Department of Public Works with a detailed
drawing of the conveyor crossing of Weld County Road 8.
Q. The property has an open oil and gas building permit(OG-0020026). The
permit was issued in 2000 and is facing expiration. A"No Rise"Certificate
is required for this permit. The applicant shall provide written evidence that
the building permit has been completed.
R. Evidence shall be provided to the Department of Planning Services that all
vehicles located on the property are operational with current license plates,
or be screened from all adjacent properties and public rights-of-way, or be
removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way.
S. The applicant shall subm it written requests to vacate Use by Special Review
Permit#913 fora recreational facility,as well as Special Use Permit#310 for
gravel mining.
T. Any existing septic system which is not currently permitted through the Weld
County Department of Public Health and Environment will require an
Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the
issuance of the required septic permit. In the event the system is found to
be inadequate, the system must be brought into compliance with current
I.S.D.S. Regulations. If, in the future, the septic system is removed for
mining, the applicant shall provide written evidence to the Weld County
Department of Public Health and Environment of the removal. Evidence of
approval shall be submitted to the Department of Planning Services.
U. The applicant shall provide current evidence that the facility has an adequate
water supply(i.e.,well or community water system). Evidence of approval
shall be submitted to the Department of Planning Services.
V. In the event the facility's water system is a well and serves more than 25
persons on a daily basis, the water system shall comply with the Colorado
Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be
provided to the Weld County Department of Public Health and Environment
that the system complies with the Regulations. Evidence of approval shall
be submitted to the Department of Planning Services.
W. 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
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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.
X. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AMUSR-1259.
2) The on-site parking, circulation, and entrance and exit lanes, as
approved by the Departments of Public Works and Planning
Services.
3) The location of any on-site signs.
4) The approved Landscape, Screening, and Berm Plans.
5) Oil and Gas encumbrances, including gathering lines with
appropriate setbacks, shall be delineated on the plat.
6) 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. The County has retained some rights-of-way from the
1889 Resolution.
7) Weld County Road 6 is designated on the Weld County
Transportation Plan Map as a collector status road, which requires
one hundred forty(140)feet of right-of-way at full buildout. There is
presently sixty(60)feet of right-of-way. A total of seventy(70)feet
from the centerline of Weld County Road 6 shall be delineated as
right-of-way on the plat. This road is maintained by Weld County.
8) All future and existing County roads shall be delineated on the plat,
including their 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,and any other structures placed
on the parcels. An electrical permit will be required for any electrical service
to equipment. A plot plan shall be submitted when applying for building
permits showing all structures with accurate distances between structures,
and from structures to all property lines.
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B. The approach road shall be paved with asphalt,concrete,or the equivalent,
from Weld County Road 6 to the scale house. The approach road shall be
elevated to the same height as Weld County Road 6 with an adequate
turning radius to accommodate heavy truck hauling.
C. The applicant shall install a Stop sign at the exit of the pit approach onto
Weld County Road 6. Additional speed limit signs on the designated haul
route from the facility will also be required.
D. The applicant shall amend the existing Emission Permit for the modification
in the operation if the Colorado Department of Public Health and Environment
determines that such a modification represents a significant change in
emissions or production. Alternately, the applicant can provide evidence
from the Air Pollution Control Division (APCD)that they are not subject to
these requirements. Evidence of approval shall be submitted to the
Department of Planning Services.
E. The existing Colorado Discharge Permit System(CDPS)must be amended
for the increased operation if the Water Quality Control Division(WQCD)of
the Colorado Department of Public Health and Environment determines that
such a modification represents a significant change in the discharge.
Alternately,the applicant can provide evidence from the WQCD that they are
not subject to these requirements. Evidence of approval shall be submitted
to the Department of Planning Services.
3. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office/weigh station 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. 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 acre in area. The applicant shall
inquire with the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit
if they are required to obtain a Stormwater Discharge Permit. Alternately,the
applicant can provide evidence from the Water Quality Control Division that
they are not subject to these requirements.
4. Prior to Operations:
A. The State of Colorado, Division of Water Resources, in the referral dated
April 13, 2006, states, "A Substitute Water Supply Plan (SWSP) or
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court-approved Augmentation Plan must be obtained to replace the
depletions caused by the operation. The Riverbend Pit is currently included
in a SWSP,along with other mining sites owned by Lafarge West, Inc. The
approved SWSP does not allow any evaporation or consumptive use at the
Riverbend Pit, therefore, a new SWSP must be obtained prior to exposing
water in the pit or consuming groundwater at the site." Evidence of approval
shall be submitted to the Department of Planning Services.
5. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the 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 Amended Use by Special Review
Permit shall be adopted and placed on the Amended Use by Special Review plat
prior to recording. The completed plat shall be delivered to the Weld County
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.
7. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
_�,o
WEL OUNTY, COLORADO
1
ATTEST: J��"^ ILf�` CAS
,►avid E. Long, Chair
Weld County Clerk to the B rd fk*
l
BY: !' A g.'--nir c Iliam . - ?sue o-Tem
Deputy Cle to the Board '
WiIGarcia
APPRO S TO F •
Robert D. Masden
Cor y Attorney
Douglas ademache
Date of signature: 7 "1(a-U7
2007-1095
PL1477
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAFARGE WEST, INC.
AMUSR#1259
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1259 is for
a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant,
Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and
Gravel Mining, in the A(Agricultural)Zone District,as indicated in the application materials
on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the Waste Handling Plan.
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 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the facility.
10. 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.
11. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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14. If the water system is a well,the system shall comply with the requirements fora community
water system,as defined in the Colorado Primary Drinking Water Regulations(5 CCR 1003-1).
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. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
17. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
18. If applicable, the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
19. If applicable,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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
22. Lighting provided for security and emergency night operations on the site shall be designed
so that the lighting will not adversely affect surrounding property owners.
23. 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.
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.
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27. Weld County Road 8 shall be used as a service access only. The main access is onto
Weld County Road 6. Materials will be transferred on conveyors and bridged across the
South Platte River to the main plant area.
28. Conveyors will be used to move material from the site across Weld County Road 8 to the
main processing facility. There will be no direct hauling across Weld County Road 8. The
applicant shall be totally responsible for keeping this crossing area free of gravel,spillage,
vandalism, etcetera.
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, 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, in
waters of the United States, which may include streams, open water lakes and ponds, or
wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by
a proponent of the project for proper Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act.
32. The landscaping on the site shall be maintained in accordance with the approved Landscape
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: 2003
International Building Code,2003 Intemational Mechanical Code,2003 International Plumbing
Code,2002 National Electrical Code,2003 International Fuel Gas Code,and Chapter29 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
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DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1259)
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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
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. A Flood Hazard Development Permit shall be submitted for berm ing or for buildings that are
constructed or moved in the 100-year floodplain.
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. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
44. 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.
45. 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 com ply with the
Development Standards stated herein and all applicable Weld County regulations.
46. The 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.
2007-1095
PL1477
DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR#1259)
PAGE 5
47. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended 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 Amended Use by Special Review. If the Amended Use by Special
Review is revoked, it shall be necessary to follow the procedures and requirements of
Chapter23, Division 4,of the Weld County Code in order to reestablish any Use by Special
Review.
48. 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.
2007-1095
PL1477
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