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manufacturing, research, office and trade buildings, warehousing, cold storage, oil <br />and gas services, recycling facilities, distribution centers, rail access and <br />transloading, but not limited to these uses. <br />i. Other uses will be allowed if similar in characteristics and impact to <br />specified uses as determined by the planning department and may require <br />a special use permit. <br />ii. Allowed uses are permitted as a use -by -right. <br />iii. The City of Fort Lupton shall, by City Code, require uses by right to <br />submit a site plan for review and approval prior to issuing <br />building/development permits. <br />iv. The Owner recognizes that the City has adopted commercial and industrial <br />design standards and the Owner/developer will comply with, and adhere <br />to, these guidelines subject to the terms of this Agreement. <br />d. Over lot grading consistent with the approved reclamation plan is an allowed <br />primary use and an accessory use during sand and gravel recovery and <br />reclamation. On-site cut and fill and imported backfill are required for overlot <br />grading to achieve marketable lots. [nert material will be accepted as fill at the <br />reclamation site, subject to characterization and control of all imported loads. <br />e. The Owner must account for a buffer or other landscape improvements when <br />development occurs directly adjacent to Weld County Road 27 (the "Gateway" <br />area). The City will review for consideration the formation of an improvement <br />district or other local government financing mechanisms if requested by Owners <br />and legally warranted to promote improvements. <br />6, Rights -of -Way and Easements. Access to the portion of the Subject Property east of the <br />Union Pacific Railroad, including the area subject to mining and reclamation, will be <br />provided by the Owner and may be in the form of a private driveway (pursuant to <br />prerequisite subdivision of land under MSD2016-001). Approval of a future subdivision <br />in this area requires dedication of public right-of-way sufficient to serve new lots. The <br />City of Fort Lupton agrees that the following characteristics meet the standards of a <br />sufficient public right-of-way: <br />a. The total right-of-way consists of a 114 -foot cross-section in width. <br />b. Drainage improvements are defined and implemented in accordance with a <br />development master plan. <br />c. The pavement section of the road surface meets current City specifications. <br />d. Owner agrees to dedicate by Special Warranty Deed or appropriate instrument of <br />conveyance acceptable to the City, easements and rights-of-way for streets and <br />other public ways and for other public purposes,'as required by City master plans, <br />ordinances, and resolutions. Such dedications shall occur at the time of <br />4277857 Pages: 3 of 10 Page 3 of 8 <br />02/13/2017 02:10 PM R Fee:$58.00 <br />Carly Koppes, Clark and ReCarder, Wald Cojm y, co <br />