HomeMy WebLinkAbout20040094.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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Moved by James Rohn for denial citing, Section 22-5-80 B as the reason for denial, there was no second.
Moved by Tim Tracy for approval along with amendments to Development Standard 1, Delete 1 C, there
was no second. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1444
APPLICANT: Heit Farms LTD
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2SE4 & part N2 SE4 Section 13, T2N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for Mineral
Resource Development Facility including wet&dry open pit mining and
materials processing and an asphalt and concrete batch plant in the A
(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 25; north of and adjacent to CR 20 1/4.
The Planning Commission is forwarding the following case with no recommendation:
Should the Board of County Commissioners choose to approve the Department of Planning Services
recommends the following:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-80.B of the Weld County
.-- Code states "Promote the reasonable and orderly development of mineral resources."
Section 22-5-30 of the Weld County Code states"New Developments should be located and
designed to preserve critical ecosystem components, including wetlands, significant wildlife
habitats and migration corridors." A wetland area is located in the area not to be mined in the
eastern portion of the site.
Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral
deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any city
and county, city, or town, or other governmental authority which has control over
zoning shall, by zoning, rezoning, granting a variance, or other official action or
inaction, permit the use of any area known to contain a commercial mineral deposit
in a manner which would interfere with the present or future extraction of such
deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners,governing body of any city and county,city,or town,
or other governmental authority which has control over zoning shall, by zoning,
rezoning, granting a variance, or other official action or inaction, permit the use of
any area containing a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority which has control over zoning from zoning or rezoning land to
permit a certain use, if said use does not permit erection of permanent structures
upon, or otherwise permanently preclude the extraction of commercial mineral
deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
2004-0094
Resolution USR-1444
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Page 2
(5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible
under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental a uthority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Sections 23-3-40 A.3 and 23-3-40 A.4 of the Weld County
Code provides for open pit mining and materials processing and asphalt and concrete
batch plants as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The unincorporated townsite of Vollmer is located to the
west of the site. A reclaimed gravel facility(approved under Special Use Permit 426) is
located to the south of the site. Three single family residences are located to the east and
southeast of the site. An existing greenhouse facility and single family residence are
located approximately'A mile north of the site. There is an existing single family home
and outbuildings on the site. The current property owner will occupy the residence for up
to three (3)years after mining operations begin. The applicants intend to convert the
residence into an office for the mining operation after the property owner leaves.
Conditions of approval and development standards will ensure adequate mitigation will be
taken to address impacts of the proposed gravel mining operation.
D. Section 23-2-220.A.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 site is not located within the Fort Lupton Intergovernmental
Agreement Area, however, the site is located within the 3-mile referral area for the City of
Fort Lupton. Section 19-12-50.B of the Weld County Code states "Development outside
Urban Growth Area: To the extent legally possible, the COUNTY will disapprove
proposals for Urban Development in areas of the MUNICIPAL Referral Area outside the
Urban Growth Area. In reviewing proposals for Non-Urban Development in such areas,
the COUNTY will apply its Comprehensive Plan and zoning and subdivision ordinances
and, where appropriate, the MUD Plan." Section 19-12-40 of the Weld County Code
defines terms per the Intergovernmental Agreement. By definition, Non-Urban
Development is 'Land uses which typically do not require services such as central water
and sewer systems, road networks, park and recreation services, storm drainage and the
like, and which are generally considered to be rural in nature, expressly including land
used or capable of being used for agricultural production and including developments
which combine clustered residential uses and agricultural uses in a manner that the
agricultural lands are suitable for farming and ranching operations for the next forty(40)
years." The proposed use of the land in the near term and also if in the future constitutes
non-urban development as urban level services are not required. No referral indicating a
conflict with their interests has been received from the City of Fort Lupton.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code.
The site is located within the 100-year floodplain as outlined in FIRM Community Panel
080266 0866C dated September 28, 1982. A Flood Hazard Development Permit
application shall be submitted and approved by the Department of Planning Services prior
to recording the plat as a condition of approval for this application.
Resolution USR-1444
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Page 3
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The proposed use
is located on property defined as"Prime"according to the 1979"Important Farmlands of
Weld County" map. However, the site is located entirely within the 100-year floodplain
which limits the agricultural use of the land. The site is presently used for the growing of
crops.
G. Section 23-2-220.A.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
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 Development Standards will ensure compliance with Section
23-4-290 and 23-4-300 of the Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commissions' recommendation is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1444. (Department of Planning Services)
B. The applicant shall attempt to address the recommendations (concerns)of the Platte
Valley Soil Conservation District as stated in their referral received September 9, 2003.
Written evidence of such shall be provided to the Department of Planning Services.
(Platte Valley Soil Conservation District)
C. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to
the Air Pollution Control Division, Colorado Department of Health and Environment for
criteria of emissions, hazardous or odorous air pollutants. Evidence of such shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
D. A CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways. Written
evidence of such shall be provided to the Department of Planning Services. (Department
of Public Health and Environment)
E. 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. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and type of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
Resolution USR-1444
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* Evidence of Health Department approval shall be submitted to the Department
of Planning Services.
F. For any vehicle maintenance facility located on the site that is equipped with a floor drain,
the applicant must apply for an Underground Injection Control (UIC) Class V Injection
Well Permit through the Environmental Protection Agency(EPA), for the floor drain
system, or provide evidence that the applicant is not subject to the EPA Class V
requirements. Written evidence of such shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
G. The Colorado Department of Transportation (CDOT), in their referral received August 26,
2003, indicated that volumes generated by this proposal alone would trigger
improvements to the northbound to westbound left turn lane on Highway 85 to County
Road 18. They indicated that the applicant should provide a longer left turn lane as a
condition of this permit. The applicant shall provide an agreement with CDOT in regards
to lengthening the left turn lane or written evidence that the applicant has addressed the
concerns of CDOT. (CDOT)
H. The applicant shall provide a pavement design for the pit entrance south to the existing
asphalt intersection for review and approval by the Department of Public Works. Written
evidence of such shall be provided to the Department of Planning Services. (Department
of Public Works)
The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement
with the Weld County Public Works Department for the designated haul route. The
improvements agreement shall include the portion of the haul route to be upgraded, paving
and shouldering from the pit entrance south to the existing asphalt section and any overlay
and shouldering requirements on County Road 18 and County Road 25 as determined by the
Department of Public Works to accommodate the proposed heavy hauling.
The improvements agreement shall address proportional cost share base on truck traffic to
Weld County Road 18 and 25. The improvements including a school bus pull-off, the
widening of Bridge 25/18A, a right turn lane (free right) onto the acceleration lane at U.S.
Highway 85, and turning radii at intersections associated with the gravel pits.
Engineering design and construction plans shall be the responsibility of the gravel haulers.
Construction drawings shall be provided by the applicant with approval by the Weld County
Department of Public Works. (Department of Public Works)
J. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for transportation and
landscaping requirements. 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.
The improvements agreement and collateral shall address the installation of pavement or
concrete for the approach road for the office/scale house to County Road 25 and a small
parking area to handle dust control from the gravel pit. (Department of Public Works)
K. The applicant shall address the requirements(concerns)of the Weld County Sheriffs Office
as stated in their referral received September 13, 2003. Written evidence of such shall be
provided to the Department of Planning Services. (Weld County Sheriff)
L. The applicant shall apply and receive approval for a flood hazard development permit any
buildings and stockpiling of materials. (Department of Planning Services)
M. The applicant shall address the requirements of the Department of Planning Services as
stated in their landscape referral received September 15, 2003. Written evidence of such
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
Resolution USR-1444
.-- Heit
Page 5
N. The applicant shall submit a revised Landscape Buffer and Screening 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. The
berms should be a minimum 4:1 slope as recommended in the referral from the Platte Soil
Conservation District as received September 9,2003. Any berm placed in the one hundred
(100)year flood plain of the South Platte River 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. (Department of Planning Services)
O. Applicant shall provide an approved copy of a Temporary Substitute Water Supply Plan
from the Colorado Division of Water Resources or a court approved Water Augmentation
Plan to the Department of Planning Services. (Department of Planning Services)
P. The applicant shall provide evidence that the existing irrigation well (Permit#20136)on the
property has been permitted for use for the processing facilities,batch plant,and employees
of the mining operation. (Department of Planning Services)
Q. The plat shall be amended to delineate the following:
1. The plat shall be in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The location of any on-site signs. (Department of Planning Services)
4. County Road 25 is designated in the Road Capital Improvement Plan in the
County Wide Road Impact Fee Code Ordinance, Section 20-1-30, as a local
paved road, which requires a 60-foot 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 County
Road 25 shall be indicated as right-of-way on the plat. This road is maintained by
Weld County. (Department of Public Works)
5. County Road 20 1/4 is designated in the Road Capital Improvement Plan in the
County Wide Road Impact Fee Code Ordinance, Section 20-1-30, as a local
paved road, which requires a 60-foot 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 County
Road 20 1/4 shall be indicated as right-of-way on the plat. This road is
maintained by Weld County. (Department of Public Works)
6. The approved Landscape Buffer and Screening Plan. The plan shall address
screening from the Vollmer townsite and adjacent single family residences.
(Department of Planning Services)
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 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 Department of Planning Services' Staff. 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 sixty(60)days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
Resolution USR-1444
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Page 6
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(@,co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. A building permit shall be obtained prior to the construction of the concrete and/or asphalt
batch plant, scale house, shop building, office trailer and any other structure placed on the
parcel including any sign. Demolition permits are required for the demolition or removal
of any structure on the property. 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. (Department of Building Inspection)
B. A plan review is required for each building for which a 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. (Department of Building Inspection)
6. Prior to operation:
A. There is no documentation that the existing septic system located within the USR
boundary is currently permitted through the Weld County Department of Public Health and
Environment. This system will require an I.S.D.S. Evaluation prior to the issuance of the
required septic permit. Since the residence will eventually be used as an office, the septic
system must be evaluated by a registered professional engineer for adequacy for the
current residential use and the future commercial use (25 employees). In the event the
system is found to be inadequate, the system must be brought into compliance with
I.S.D.S. regulations. (Department of Public Health and Environment)
B. The applicant shall complete improvements to the northbound to westbound turn lane on
Highway 85 to County Road 18 as required by the Colorado Department of Transportation
(CDOT) in their referral dated August 26, 2003. Evidence of CDOT's acceptance of the
upgraded turn lane shall be provided to the Department of Planning Services. (CDOT)
C. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health and Environment, for approval. Evidence of Health
Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. Site drawings shall be submitted to the Fort Lupton Fire Protection District. Evidence of
attempt to comply with Fire District requirements shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
E. 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 Adams Site.
(Department of Planning Services)
F. Any Ditch crossing construction specifications shall be reviewed and approved by the Lupton
Meadows Ditch Company Board before any work is allowed. Any culverts shall be a
minimum of a 4-foot squash type with appropriate construction methods used. (Lupton
Meadows Ditch Company)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heit Farms Ltd.
USR-1444
1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development
facility(dry open pit mining and materials processing for sand &gravel and an asphalt and
concrete batch plant and water storage) in the A(Agricultural)Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.(Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The historical flow patterns and run-off amounts will be maintained on 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. (Department of Public Works)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to exclude those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Site and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
^ 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
10. 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(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. In the event washing of vehicles will occur on 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. (Department of Public Health and Environment)
13. Adequate toilet and handwashing facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Septic Disposal Systems. (Department of Public Health and
Environment)
Resolution USR-1444
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Page 2
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. (Department of Public Health and
Environment)
16. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy.
(Department of Public Health and Environment)
18. Portable toilets may be utilized on sites which are temporary locations of the working face and
portable processing equipment, etc., for up to six months at each location. (Department of Public
Health and Environment)
19. The facility shall provide a permanent, adequate water supply for drinking and sanitary purposes.
(Department of Public Health and Environment)
20. All sand and gravel operations shall be conducted during the hours of daylight except in the case
of public or private emergency, or to make necessary repairs to equipment. This restriction shall
not apply to operation of administrative and executive offices or repair facilities located on the
property. (Department of Planning Services)
21. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties; 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. (Department of Planning Services)
22. 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. (Sheriff)
23. "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. (Department of Planning
Services)
24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplanted, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust and erosion. (Department of Planning Services)
25. Where topsoil is removed, sufficient arable soil shall be set aside to re-spreading over the
reclaimed areas. (Department of Planning Services)
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, Articles I and II. (Department of Planning Services)
27. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
28. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
29. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
30. The o peration s hall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map Revision if determined to be applicable. (Department
of Planning Services)
Resolution USR-1444
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31. If any work associated with this permit requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States at this site, the Department of the Army— Corps of Engineers should be notified in
regards to proper permits. (Department of the Army—Corps of Engineers)
32. A building permit shall be obtained prior to the construction of the concrete or asphalt batch plants,
scale, shop building, office trailer and any other structure placed on the parcel including any sign.
Demolition permits are required for the demolition or removal of any structure on the property. 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. (Department of Building
Inspection)
33. A plan review is required for each building for which a 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. (Department of Building Inspection)
34. The buildings shall conform to the various codes adopted at the time of permit application. Currently
the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International
Mechanical Code; 1997 International Plumbing Code;2002 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
35. Each building 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. (Department of Building Inspection)
36. Building wall and opening protection and limitations shall be in accordance with Uniform Building
Code Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance
with Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23,
Section 23-3-50 of the Weld County Code. (Department of Building Inspection)
37. Building height shall be measured in accordance with the 1997 Uniform 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 27 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. (Department of Building Inspection)
38. Effective January 1, 2003, building permits issued on the site will be required to adhere to the fee
structure oft he C ounty Road Impact Program. (Ordinance 2 002-11) ( Department of Planning
Services)
39. The landscaping on site shall be maintained in accordance with the approved Landscape Screening
and Buffering Plan. (Department of Planning Services)
40. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
41. There shall be a minimum setback of 20-feet from Lupton Meadows Ditch to any slurry wall
construction. An adequate access road shall be maintained for the Ditch company's use. (Lupton
Meadows Ditch Company)
42. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 and Section 23-4-290, Weld County Code.
Resolution USR-1444
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Page 4
44. 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 Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
45. Personnel from Weld County government 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.
46. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all a pplicable Weld C ounty regulations. S ubstantial changes from the plans o r
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.
47. 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.
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on ,October 21 2003.
Dated the October of 21, 2003.Voneen Macklin
Secretary
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