HomeMy WebLinkAbout20060429.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1529 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING (CONCRETE BATCH PLANT) IN
THE A(AGRICULTURAL) ZONE DISTRICT- HAROLD AND LAVERNA NELSON, C/O
ASPHALT SPECIALTIES COMPANY, 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 1st day of
March,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Harold and LaVerna Nelson, 11955 Weld County Road 15, Longmont, Colorado
80504,do Asphalt Specialties Company, Inc., 10100 Dallas Street, Henderson, Colorado 80640,
for a Site Specific Development Plan and Use by Special Review Permit #1529 for Mineral
Resource Development Facilities, including Open Pit Mining and Materials Processing (concrete
batch plant), in the A(Agricultural)Zone District on the following described real estate,being more
particularly described as follows:
Part of the SE1/4 of Section 31, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Rob Laird, Land Manager,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 recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect, as follows:
1) Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which
provide valuable natural mineral deposits for potential future use in
accordance with state law." The proposed mine area contains a
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(7(/ ��,Alt)746r)/976)62. ,Q� Of.)-241-
SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT
SPECIALTIES COMPANY, INC.
PAGE 2
valuable sand and gravel deposit,therefore,permitting of this site for
this use will ensure that material is available to meet future needs.
Further, Section 22-5-70.A states "The County recognizes that
mineral resource extraction is an essential industry. The availability
and cost of materials, such as sand and gravel, have an economic
affect on the general construction and highway construction
industry." Further,the applicant states,"The County's annual growth
rate over the last ten years averaged 3.6 percent, with total growth
from 1993 to 2003 at 42.2 percent. Population estimates for Weld
County predict an average of three percent growth for the next ten
years."
2) Section 22-5-80.6(CM.Goal2)states,"Promote the reasonable and
orderly development of mineral resources." Theapplicantproposes
to mine lands known to contain an existing mineral reserve.
3) Section 22-5-80.E (CM.Goal 5) states, "Provide for timely
reclamation and reuse of mining sites in accordance with
Chapters 22, 23,and 24 of the Weld County Code." The application
states mining and reclamation will be done concurrently. Concurrent
reclamation is practiced to minimize surface disturbance to the
extent possible.
4) Section 22-5-80.F (CM.Goal 6) states, "The extraction of mineral
resources should conserve the land and minimize the impact on
surrounding land." The applicant states that final reclamation will
begin within one (1) year of completion of mining activities in any
given phase, with seeding and planting completed during the
appropriate time of year. The proposed reclaimed land form creates
a water storage reservoir with a compacted clay liner that will be of
benefit to County citizens.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the
Weld County Code provide for Mineral Resource Development Facilities,
including Open Pit Mining and Materials Processing(concrete batch plant)
in the A (Agricultural)Zone, as a Use by Special Review.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses include
County-permitted mineral resource extraction facilities, agricultural,
residential development, and oil and gas production facilities. The Saint
Vrain Sanitation District has a facility immediately adjacent to the northwest
of this proposed facility. There are thirteen(13)property owners within five
hundred (500)feet of the site.
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SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT
SPECIALTIES COMPANY, INC.
PAGE 3
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
property is outside of any Intergovernmental Agreement or Urban Growth
Boundary areas for the Towns of Frederick, Firestone, Mead and the City of
Longmont. The Towns of Mead and Frederick returned referrals stating they
had reviewed the request and found no conflicts with their interests. The
Town of Firestone did not return a referral response.
e. Section 23-2-230.6.5--The application complies with Section 23-5-200 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as delineated on FIRM Community Panel
Map #080266-0615C, dated September 28, 1982. The applicant will be
required to submit a Flood Hazard Development Permit to address the
proposed uses associated with this application.
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 parcel is designated as "Prime" on the Important Farmlands of
Weld County map,dated 1979,with a majority of the property located within
the 100-year floodplain, thus limiting the agricultural productiveness of the
site.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Harold and LaVerna Nelson, do Asphalt Specialties
Company, Inc.,fora Site Specific Development Plan and Use by Special Review Permit#1529 for
Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing
(concrete batch plant),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 Use by Special Review plat:
A. The plat shall be amended to delineate the following:
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SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT
SPECIALTIES COMPANY, INC.
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1) All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2) All sheets shall be labeled USR-1529.
3) The Development Standards associated with this application.
4) A minimum of ten(10)feet of clearance from any existing power line
or future power line shall be maintained at all times as outlined by
State statute.
5) The location of any on-site signs,including all appropriate Stop signs,
speed limit signs, and haul route designation signs shall be posted
at the entrance.
6) Weld County Road 26 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 26 shall be delineated on the plat. This road is maintained by
Weld County. Weld County Road 26 was upgraded and paved to
accommodate two gravel facilities utilizing this as their designated
haul route: L.G. Everist and Owens Brothers.
7) The location of all permanent structures, i.e., scale house, truck
scale,all buildings and/or structures and known areas for"portable"
machinery associated with this land use application. Further, all
physical encumbrances presently in-situ for this site, i.e., irrigation
ditches, oil and gas facilities, etcetera.
8) The Saint Vrain Sanitation District,in its referral dated September 16,
2005, states an easement to the north of and outside of the defined
property,from the property line to Weld County Road 15, serves as
both an access and future utility easement to the existing Saint Vrain
Wastewater Treatment Facility. It is requested that this easement be
delineated on all plats.
9) The Saint Vrain Sanitation District, in its referral dated September 16,
2005,states there is a Conservation Easement on the property and
this easement shall be delineated.
10) The Mountain View Fire Protection District requests that all tanks
installed for flammable or combustible liquid storage or dispensing,
either on a temporary or permanent basis, need be identified with a
one hundred(100)foot diameter circle delineating a no-build zone.
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SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, CIO ASPHALT
SPECIALTIES COMPANY, INC.
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11) The approved Landscape and Screening Plan.
12) The approved Site Lighting Plan.
B. The applicant shall provide evidence to the Department of Public Health and
Environment that any vehicle washing area will be designed and constructed
to capture all effluent and prevent any 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. Evidence of approval shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the 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. Any berm placed
in the 100-year floodplain cannot obstruct passage of flood flows. 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.
D. The applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement for the designated haul route described in the
Agreement. The applicant shall also address all transportation and
non-transportation improvements associated with this application, i.e.,
landscape treatment,berming,fencing,etcetera. Evidence of approval shall
be submitted to the Weld County Department of Planning Services.
E. The applicant shall submit a Private Road Improvements Agreement for all
improvements associated with this site,i.e.,fencing,overhead light fixtures,
road base, berming, and landscape materials, etcetera.
F. The applicant shall submit, and be approved for, a Flood Hazard
Development Permit to include improvements to the property.
2. Prior to operation:
A. One month prior to operation, the applicant shall submit evidence of
compliance with the State of Colorado Department of Public Health and
Environment specific to a Stormwater Discharge Permit, which may be
required for a development/redevelopment/construction site where a
contiguous or non-contiguous land disturbance is greater than or equal to
one (1)acre in area. For more information, the applicant shall contact the
Colorado Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit. Written
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SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT
SPECIALTIES COMPANY, INC.
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evidence of compliance shall be submitted to the Department of Planning
Services.
B. An Individual Sewage Disposal System is required for the proposed scale
house/office,and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations. Written evidence of
compliance shall be submitted to the Department of Planning Services.
C. The septic system is required to be designed by a Colorado registered
professional engineer,according to the Weld County I.S.D.S. Regulations.
Written evidence of compliance shall be submitted to the Department of
Planning Services.
D. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Permit, Mined Land Reclamation Permit 112, to
conduct surface extraction of construction materials and reclamation of said
lands identified as the Nelson Sand and Gravel Mine Site. Written evidence
of compliance shall be submitted to the Department of Planning Services.
E. Access to Weld County Road 26 shall be paved with adequate turning radii,
a minimum of 24 feet in width, to accommodate two-way traffic and match
the existing grade. The pavement shall extend through the scale
house/office area and a small parking lot accompanying that facility.
F. Proper building permits shall be obtained in accordance with the Weld
County Department of Building Inspection, prior to any construction,
demolition,or excavation. Part of the permit application process includes a
complete plan review.
3. 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.
4. In accordance with Weld County Code Ordinance 2005-7,approved June 1, 2005,
should the plat not be recorded within the required sixty(60)days from the date the
Board of County Commissioners Resolution was signed, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT
SPECIALTIES COMPANY, INC.
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of March, A.D., 2006.
BOARD OF CSUNTY COMMISSIONERS
4 ELD CO Y, COLORADO
ATTEST: ' D1 0
4'. M. J. eile, Chair
Weld County Clerk to the B witc D
®��1 David E. Long, Pro-Tem
BY: i � ( t c
D uty Clerk to the Boar
William H. Jerke
ED ASTOF
Robert D. Masden
County Attorney EXCUSED
Glenn Vaad
Date of signature: U5 IZa Ulf
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HAROLD AND LAVERNA NELSON
C/O ASPHALT SPECIALTIES COMPANY, INC.
USR#1529
1. This Site Specific Development Plan and Use by Special Review Permit#1529 for Mineral
Resource Development Facilities, including Open Pit Mining and Materials Processing
(concrete batch plant) 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 operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
A. No fill, berms,or stockpiles shall be placed in the one hundred(100)year floodplain
of the South Platte River which would obstruct passage of flood flows.
B. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that
might wash away during flooding shall be securely anchored,and adequately flood
proofed, to avoid creation of a health hazard. Following completion of mining, all
temporary buildings shall be removed.
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
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. Adequate hand washing and toilet facilities shall be provided for employees and vendors.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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SPECIALTIES COMPANY, INC. (USR #1529)
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12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes,
Central Weld County Water District.
13. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six (6) months at each location.
14. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
15. 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 complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
19. The applicant shall enter into a Long-Term Road Maintenance and Improvements
Agreement with the Board of County Commissioners.
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The site shall comply with the Mine Safety and Health Act (MSHA).
22. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
23. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
24. Building permits shall be obtained prior to the construction or placement of any structure
such as a scale, concrete and asphalt plant, office, recycling plant, office trailer and any
other structures placed on the parcels. An electrical permit will be required for any electrical
service to equipment. A plot plan shall be submitted when applying for building permits
showing all structures with accurate distances between structures, and from structures to
all property lines.
25. 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.
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26. 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 International Mechanical Code,2003 International Plumbing
Code,2002 National Electrical Code,2003 International Fuel Gas Code,and Chapter29 of
the Weld County Code.
27. 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.
28. Building wall and opening protection, 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.
29. 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 Chapter23 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 farthest projection from
the building.
30. A Flood Hazard Development Permit shall be submitted for buildings constructed in the
100-year floodplain.
31. The setbacks for the mining operation are measured from the future right-of-way plus the
standard twenty (20) feet in the A (Agricultural) Zone District.
32. Permits are required for all electrical work, including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etcetera.
33. All excavation shall meet the requirements of the International Building Code and stormwater
drainage design and technical data. (Appropriate state and county agencies should be
consulted for additional regulations or requirements.)
34. Drawings for any building or related projects shall be submitted to the Mountain View Fire
Protection District.
35. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Department of Building Inspection, the Fire District,or other
state agencies.
36. All fuel tanks, septic tanks, temporary buildings, or any other hazardous items that may
wash away during flooding, shall be securely anchored and adequately flood-proofed to
avoid creation of a flood hazard.
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PAGE 4
37. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
38. If anywork associated with this project requires the placement of dredged 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, ponds or
wetlands,takes place at this location,the applicant shall obtain a Department of Army,404
Clean Water Act Permit.
39. In the event washing of vehicles will occur on the site, the applicant shall ensure that any
vehicle washing area(s)shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Weld County Code, the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
40. All gravel trucks transporting materials out of the area on County roads shall ensure that
their loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles.
41. The operation shall comply with all applicable rules and regulations of the Federal
Emergency ManagementAgency(FEMA),including a Letter of Map Revision,if determined
to be applicable.
42. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
43. 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.
44. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, Monday through Saturday, except in the case of
public or private emergency or to make necessary repairs to equipment. Hours of operation
in the winter months (November through April) will be 7:00 a.m. to 5:00 p.m., and in the
summer months(May through October)will be 7:00 a.m.to 7:00 p.m.,with limited hours of
operation during the summer months. 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.
45. Existing trees and ground cover 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.
46. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
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47. The plant material on the site shall be maintained in accordance with the approved Weed
Eradication Plan.
48. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screen and Buffering Plan.
49. The number of on-site employees shall be limited to twelve(12),as stated in the application
materials.
50. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
51. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
52. 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.
53. The operation shall complywith all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
54. 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.
55. 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.
56. 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.
57. 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.
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58. 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.
59. 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 Program.
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