HomeMy WebLinkAbout20212560.tiffRESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND THIRD MINOR AMENDED
USE BY SPECIAL REVIEW PERMIT, 3MUSR21-95-1075, FOR OPEN PIT MINING AND
MATERIALS PROCESSING (SAND GRAVEL AND STONE), AN ASPHALT AND
CONCRETE BATCH PLANT, AN OIL AND GAS SUPPORT AND SERVICE FACILITY,
PIPELINE AND ROUST -A -BOUT AND A PRIVATE COMMERCIAL RECREATIONAL
FACILITY (WATER SKIING LAKE AND PRIMITIVE CAMPSITE FOR WATER SKIING
MEMBERS) TO ADD ONE (1) ADDITIONAL 4,800 SQUARE -FOOT COMMERCIAL
BUILDING FOR MAINTENANCE AND STORAGE OF PIPELINE MATERIALS AND
EQUIPMENT, TO ADD AN ADDITIONAL 25 PARKING SPACES FOR RV STORAGE
NEAR CAMP LAKE, TO ADD 12 CAMPING SPOTS AROUND CAMP LAKE, TO
ALLOW OVERNIGHT CAMPING ALONG THE SOUTH LAKE, AND TO ALLOW
CAMPING IN THE FLOODPLAIN, OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - R.M. HINER
CONSTRUCTION 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
September, 2021, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of R.M. Hiner Construction Company, Inc., 2220 O Street, Greeley,
Colorado 80631, for a Minor Amendment to the Site Specific Development Plan and Use by
Special Review Permit, USR10-75, for Open Pit Mining and Materials Processing (sand gravel
and stone), an asphalt and concrete batch plant, an Oil and Gas Support and Service facility,
Pipeline and roust -a -bout and a private Commercial Recreational Facility (water skiing lake and
primitive campsite for water skiing members) to add one (1) additional 4,800 square -foot
commercial building for maintenance and storage of pipeline materials and equipment, to add an
additional 25 parking spaces for RV storage near Camp Lake, to add 12 camping spots around
Camp Lake, to allow overnight camping along the South Lake, and to allow camping in the
floodplain, outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of RE -1807; being part of the NW1/4 of Section
31, Township 6 North, Range 65 West, and the
E1/2NE1/4 of Section 36, Township 6 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Mike Bare, 16854 Trail
View Circle, Parker, Colorado 80134, and
WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of
said Minor Amendment, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Planning Services staff 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:
Cc.: PLCDA/TPJ, PC.JCtf c),' C. LC.),
CAcec), APPL, APPL R2.P
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1. The submitted materials are in compliance with the application requirements of
Section 23-2-285.G of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-285.C of the Weld County Code as follows:
A. Section 23-2-285.C.1 states, "The proposed change(s) will be compatible
with existing and allowed uses in the surrounding area and be in harmony
with the neighborhood."The use of the property is similar to what has been
on the property since 1995 with more camping spots. This amendment
requests to add a new 4,800 square -foot building just recently built, the
number of RV campers will increase by 12 camping spots and the campers
will be allowed to camp in the floodplain for 180 days per calendar year.
Since 1995, there has been storage on the property of one kind or another.
Some of this storage was RV storage. This amendment will ensure that the
RV storage will be outside of the floodplain.
B. Section 23-2-285.C.2 states, "The proposed change(s) is consistent with
the County Comprehensive Plan pursuant to Chapter 22 of the Weld
County Code."
1) Section 22-2-60.B states, "Support responsible energy and mineral
development."The site is located in the Cache la Poudre floodplain
and has been an ongoing operation for mineral resource
development, oil and gas support and service, and a recreation
facility since April 12, 1995. The site is currently under a
Department of Reclamation, Mining and Safety (DRMS) permit,
M1977-151 (Greeley Pit), for the mining of sand, gravel, and stones.
No changes are proposed to the current DRMS Permit. The DRMS
did not respond with any referral agency comments.
C. Section 23-2-285.C.3 states, "The proposed change(s) will not result in a
substantial adverse impact on the other properties in the vicinity of the
subject property." The surrounding properties are residential, commercial,
and industrial. North Weld County Business Park within the City of Greeley
is located north of the site. Weld County Public Works is located east of the
site. The Cache la Poudre River, Bucklen Equipment Company, and Weld
County Public Works Department are all located south of the site. Espanola
Subdivision and Bucklen Equipment Company are located west of the site.
The Weld County Department of Planning Services sent notice to 57
surrounding property owners within 500 feet of the proposed USR
boundary. No responses were received. The closest residences are in the
Espanola Subdivision, approximately 80 feet west the western parcel. The
western parcel is primarily where the oil and gas support and service facility
is located. The residences are about 780 feet from the oil and gas support
and service facility and about 1,900 feet from the RV campground.
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D. Section 23-2-285.C.4 states, "The recommendations of the referral
agencies have been considered."The attached Conditions of Approval and
Development Standards address the requirements of the referral agencies.
E. Section 23-2-285.C.5 states, "The proposed change is not deemed to be a
major change." This item was brought before the Board of County
Commissioners due to the number of changes to the Development
Standards. The Pre -Application case number is PRE20-0142. The Board
found the proposed amendments would not change the substance of the
operation and would not add Uses that were not previously permitted and
operating onsite.
F. Section 23-2-285.C.6 states, "The proposed changes shall be consistent
with the original development standards." The Development Standards
included in this application have changed and more have been added due
to moving the "Development Notes" under Development Standards. There
has been some clarifying language added to some of the Development
standards but the primary change to the Development Standards is to allow
camping in the floodplain. The Development Standard language has been
updated to reflect current Codes.
This third amendment proposes to add one additional 4,800 square -foot
Commercial building for maintenance and of pipeline materials and
equipment, to add an additional 25 parking spaces for RV storage near
Camp Lake, to add 12 camping spots around Camp Lake (which would
total 38 camping spots), to allow overnight camping along the South Lake,
and, to allow camping in the floodplain. The applicant requested changes
to the "Development Notes" and some of the Development Standards. The
"Development Notes" have been moved under the Development
Standards, and some of the Development Standards have been amended
to comply with FEMA regulations that were not in place when the original
Use was approved.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of R.M. Hiner Construction Company, Inc., for a
Site Specific Development Plan and Third Minor Amended Use by Special Review Permit,
3MUSR21-95-1075, for Open Pit Mining and Materials Processing (sand gravel and stone), an
asphalt and concrete batch plant, an Oil and Gas Support and Service facility, Pipeline and
roust -a -bout and a private Commercial Recreational Facility (water skiing lake and primitive
campsite for water skiing members) to add one (1) additional 4,800 square -foot commercial
building for maintenance and storage of pipeline materials and equipment, to add an additional
25 parking spaces for RV storage near Camp Lake, to add 12 camping spots around Camp Lake,
to allow overnight camping along the South Lake, and to allow camping in the floodplain, outside
of subdivision and historic townsites in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the 3MUSR Map:
A. The applicant shall attempt to address the requirements of the City of
Greeley, as stated in the referral response dated July 14, 2021. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response dated June 29,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 3MUSR21-95-1075.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The location of all oil and gas facilities shall be shown on the map
in addition to their setbacks.
5) The applicant shall show and label the areas for mining storage,
construction storage, and RV and boat storage.
6) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
7) North 23rd Avenue and North 16th Avenue are under the
jurisdiction of the City of Greeley. Please contact the municipality to
verify the right-of-way. Show and label the right-of-way. Show the
approved accesses on the site plan and label with the approved
access permit number, if applicable.
8) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal emergency access to the parcel
from North 16th Avenue on the site plan.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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11) Add the following signature blocks:
a. APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS
This is to certify that the Board of County Commissioners, Weld County
Colorado, does hereby accept and approve the Minor Amendment to
the Use by Special Review as shown and described hereon this
day of , 2021.
Witness my hand and the corporate seal of Weld County this day
of , 2021
Chair, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board Date
b. PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor
Amendment of the Site Specific Development Plan and Use by Special
Review Standards as described hereon this day of
, 2021.
R.M. Hiner Construction, Inc., R.M. Hiner Construction, Inc.,
President: Rex Hiner Secretary/Treasurer: Sharon A. Hiner
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within 60
days from the date the Board of County Commissioners Resolution was signed.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
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recording continuance charge shall be added for each additional three (3) month
period.
4. The Third Minor Amended Use by Special Review is not perfected until the
Conditions of Approval are completed and the map is recorded. Activity shall not
occur, nor shall any building or electrical permits be issued on the property, until
the Third Minor Amended Use by Special Review map is ready to be recorded in
the office of the Weld County Clerk and Recorder or the applicant has been
approved for an early release agreement.
5. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit.
B. Any construction on the site shall require a building permit.
C. If more than one (1) acre is to be disturbed for construction outside of the
gravel mining area, a Weld County grading permit will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of September, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadet) jo;41
Weld County Clerk to the Board
Date of signature: O1 /(7/21
County rney
Steve
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Scmes, Pro-Te
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
R.M. HINER CONSTRUCTION COMPANY, INC.
THIRD MINOR AMENDMENT - 3MUSR21-95-1075
1. A Site Specific Development Plan and Third Amended Use by Special Review Permit,
3MUSR21-95-1075, for Open Pit Mining and Materials Processing (sand gravel and
stone), an asphalt and concrete batch plant, an Oil and Gas Support and Service facility,
Pipeline and roust -a -bout and a private Commercial Recreational Facility (water skiing
lake and primitive campsite for water skiing members) to add one additional 4,800
square -foot commercial building for maintenance and of pipeline materials and equipment,
to add an additional 25 parking spaces for RV storage near Camp Lake, to add 12 camping
spots around Camp Lake, to allow overnight camping along the South Lake, and to allow
camping in the floodplain, outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, 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, C.R.S. §30-20-100.5.
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. The facility shall operate in accordance with Chapter 14, of the Weld County
Code. The facility shall adhere to the approved Waste Handling Plan.
6. 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.
7. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone, as delineated in C.R.S. §25-12-103.
9. Any On -site Wastewater Treatment System (OVVTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
10. For patrons using the site, portable toilets are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for
review by the Weld County Department of Public Health and Environment. Portable toilets
shall be serviced by a cleaner licensed in Weld County, shall contain hand sanitizers.
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Portable toilets shall and be screened from existing adjacent residential property and
public view.
11. Recreational vehicle (RV) units that have self-contained sewage disposal, shall dispose
of sewage at an approved off -site facility.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
for employees to access and permanent residences.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
if the watersports and camping operations exceed six (6) months of use in a calendar year.
14. The applicant shall remove, handle and stockpile overburden, soil, sand, and gravel from
the facility area, in a manner that will prevent nuisance conditions.
15. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
16. The facility shall be operated in a manner to prevent odors. Odors detected off of the site
shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented, at the request of the Weld County Department of Public
Health and Environment, in the event odor levels detected off the site of the facility meet,
or exceed, the level of a fifteen -to -one dilution threshold, or in the judgment of the Weld
County Health officer; there exists an odor condition requiring abatement.
17. Any work on this project site that requires the discharge of dredged or fill material, or any
excavation associated with a dredged or fill project, either temporary or permanent, in an
aquatic site should notify the U.S. Army Corps of Engineers. Any loss of an Aquatic site
may require mitigation.
18. Any changes to the current Mining and Reclamation Plan must be approved by the
Colorado Division of Reclamation, Mining and Safety through a Technical Revision.
Changes include the addition of an asphalt and concrete batch plant, relocation of existing
gas lines/wells, reconfiguration of the ponds, and the addition of campsites and boat
ramps around the North Pond.
19. The operation shall comply will all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
20. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
21. The operation shall comply with the Mine Safety and Health Act (MSHA).
22. The operation shall comply with the Occupational Safety and Health Act (OSHA).
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23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. The applicant shall be made aware that the lake water may not meet all water quality
standards for natural swimming areas, as defined by the Colorado Department of Public
Health and Environment. The Weld County Department of Public Health and Environment
strongly encourages the applicant to periodically test the lake water.
25. North and Camp Lakes typical site layout: 75'-125'x30'-100'. South Lake Camping typical
site layout: 75'x20'-30'.
26. The site shall have an all-weather access road, 12 feet wide, minimum. This road shall be
kept open for use by emergency vehicles at all times.
27. Hunting blinds shall be stored outside the 100 -year floodplain during the water ski season
or when not in use.
28. No equipment or vehicles may impede the South Lake access road at any time.
29. Each lake will have between three (3) to four (4) portable toilets and one (1) trash container
during the water ski season and will be removed during the off-season. All portable toilets
and trash containers shall be located outside of the floodway.
30. Portable toilets can only be onsite for six (6) months.
31. Campers, recreational vehicles, boats and trailers will be allowed in the campsites in the
100 -year floodplain during non -daylight hours with proper anchoring in place.
32. Boats shall be tied to securely anchored docks overnight.
33. No motorized boating shall be allowed between sunset and dawn.
34. Portable boat docks must be anchored per an engineered design. A Flood Hazard
Development Permit must be obtained from Weld County prior to installation of boat
docks.
35. No maintenance on boats will be allowed on this property.
36. No more than 14 people will be allowed at each campsite.
37. No more than eight (8) units for each campsite. A unit consists of the member's
camper/RV, trailer, boat, and guest vehicles.
38. Non-member boats are not allowed on the lakes.
39. Over -head lighting is not allowed.
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40. Vehicles of any type may not be washed onsite.
41. The applicant shall utilize the existing accesses to the site from North 23rd Avenue. The
access off of the County's privately maintained road is to be used for emergency and
incidental access only. No new accesses will be granted.
42. Campsites may be located in the FEMA-mapped 100 -year floodplain but not the floodway
from April 15th through October 14th of any given year.
43. Portable boat docks must be anchored per an engineered design. A Flood Hazard
Development Permit (FHDP) must be obtained prior to the installation of the boat docks.
44. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
45. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
46. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
47. Weld County is not responsible for the maintenance of on -site drainage related features.
48. This site is located in the MS4 area and is subject to the regulations of the state -issued
MS4 Permit.
49. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1528F and 1529F, effective date
September 17, 2020 (Cache la Poudre River Floodplain). Any development shall comply
with all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials.
50. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
51. Prior to vacation of the mining permit by the Colorado Division of Reclamation, Mining and
Safety (DRMS), a Letter of Map Revision (LOMR) shall be approved by FEMA showing
the impact that the mining operations has had on the floodplain boundaries, floodway
boundaries, and water surface elevations.
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52. Building Permits issued will be required to adhere to the fee structure of the County -Wide
Road Impact, County Facility fee, and Drainage Impact fee programs.
53. Erosion control and stabilization efforts shall be maintained along the shorelines of the
lakes.
54. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
55. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
56. Permits are required for all new proposed structures, and existing structures, which were
installed without permits. An investigation fee shall be assessed on all structures which
were installed without permits.
57. A Building Permit shall be obtained prior to the change of use or construction of any new
structures.
58. Building Permits are required for buildings and structures which required permits before
beginning of construction.
59. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2018 International Energy Code, and 2020 National Electrical Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
60. All roads, within the permitted area, shall be all-weather and maintained to allow for
emergency responders to have safe and adequate access.
61. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
62. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties, where such would cause a nuisance, or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected light from any light
source, may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights will be permitted, which may be confused with, or construed as,
traffic control devices.
63. Hours of operation, for the water skiers, shall be from sunrise to sunset, from April 15th
through October 14th for any given year.
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64. Hunting by members and their guests is allowed October 15th through February 15th of
any given year.
65. 30 days prior to the commencement of hunting activities, the applicant shall notify, in
writing, the City of Greeley Police Department and the Weld County Sheriff's Office to
minimize any potential impacts to the North Greeley community.
66. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
67. Primary access drives shall be surfaced with gravel, recycled asphalt, or the equivalent,
and shall be graded to prevent drainage problems.
68. The historical flow patterns and runoff amounts on the site will be maintained.
69. All boats, campers, and similar recreational equipment owned by members and guests of
the Hiner Lakes Recreational Club shall be removed from the premises between
October 15th and April 14th of any given year. The members of the Hiner Lakes
Recreational Club may store their RVs, boats and support trailers in an approved,
screened on -site storage area at the end of each season.
70. Access to the Open Pit Mining and Materials Processing (sand, gravel and stone), asphalt
and concrete batch plant, oil field business, and private commercial recreational facility
shall be from North 23rd Avenue. No additional accesses are permitted.
71. Outdoor storage shall be restricted to the areas delineated on the approved 3MUSR map.
72. Any operation of the gravel pit and batch plants shall not obstruct the passage of the
floodway and the 100 -year flood flows to the point that it has an adverse effect on others.
This provision prohibits locating dikes and stockpiles in a manner which forces floodwaters
to alter their normal course.
73. Recreational vehicle, boats and support trailer storage, on the site, shall be located in
designated areas outside of the floodway. These areas shall be private storage areas and
shall only store the RVs, boats and support trailers for the members of the Hiner Lakes
Recreational Club.
74. Storage for the construction and mining operation shall be located outside the floodway.
If located in the floodplain the items will be securely anchored and adequately flood
proofed, in accordance with FEMA and the Weld County Floodplain regulations.
75. The Open Pit Mining and Materials Processing (sand, gravel and stone), including the
asphalt and concrete batch plant component, shall be in compliance with
Section 23-4-290.B of the Weld County Code, at all times. Further, all sand and gravel
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operations shall be conducted during the hours of daylight, except in case of public or
private emergency, or to make necessary repairs to equipment. This restriction does not
apply to the operation of administrative or executive offices, or repair facilities located on
the property.
76. The property owner or operator shall be responsible for complying with the Open -Mining
Policies (Operations Policies and Reclamation Policies) as delineated in
Sections 23-4-290 and 23-4-300 of the Weld County Code.
77. All approved North, South and Camp Lake campsites are restricted to the following:
a. Passenger Vehicle parking for campsite leases and their guests.
b. One (1) Recreational Vehicle (RV), camper or tent.
c. One (1) inboard motorboat with trailer for same.
d. One (1) enclosed storage shed permitted through the Building Department.
e. One (1) up to 30'x50' patio or deck permitted through the Building Department.
f. One (1) horseshoe pit.
g. One (1) fire pit with stacked firewood.
h. One (1) boat dock permitted through the Building Department and having an
approved Floodplain permit.
One (1) boat storage cover permitted through the Building Department.
j. One (1) shade cover permitted through the Building Department, as applicable.
78. All approved North Lake, South Lake, and Camp Lake campsites are restricted to the
lease hold areas and their equipment, vehicles, and associated transient improvements
shall not impede the existing vehicle access to the internal site, including access to the
on -going Mining and Materials Processing (sand, gravel and stone), asphalt and concrete
batch plant, the oil field construction business, and the recreational facility, all which
operate from this single point of ingress and egress.
79. 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, will 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.
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80. The property owner of operator shall be responsible for complying with all of the foregoing
Development Standards. Non-compliance with any of the foregoing Development
Standards may be reason for revocation of the permit by the Board of County
Commissioners.
81. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
82. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
83. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the State's commercial mineral deposits are essential to the State's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
84. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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