HomeMy WebLinkAbout20122534.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0029, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT GRAVEL MINING (SANDS, GRAVELS AND STONES) AND
MATERIALS PROCESSING (PAWNEE AGGREGATE MINE), IN THE
A (AGRICULTURAL) ZONE DISTRICT- DANIEL DIETZLER
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 19th day
of September, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Daniel Dietzler, 150 N. Montclair, Glen Ellyn, Illinois 60137, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0029, for a Mineral
Resource Development Facility, including Open Pit Gravel Mining (sands, gravels and stones)
and Materials Processing (Pawnee Aggregate Mine), in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the NW1/4 NE1/4 of Section 31; and part of
the S1/2 SE1/4 and SE1/4 SW1/4 of Section 30; all
in Township 10 North, Range 60 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Mickey
Leyba-Farnsworth, Patrick Engineering, Inc., 1400 West 122nd Street, Suite 102, Westminster,
Colorado 80234, 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 recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 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.
1) Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable
and orderly development of mineral resources." According to the
Weld County Sand, Gravel Resources map, dated July 1, 1975,
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SPECIAL REVIEW PERMIT (USR12-0029) - DANIEL DIETZLER
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the northern part of the property is classified as F-1 (Floodplain
and Valley-Fill Deposits — relatively clean and sound). The
application materials indicated that very little to no topsoil exists,
which will be removed and stockpiled; and one (1) to twenty-eight
(28) feet of aggregate material will be extracted.
2) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways." The applicant will complete a
Non-exclusive License Agreement and post collateral for the
upgrade and maintenance of CR (County Road) 99 right-of-way.
Public Works is asking the applicant to enter into an
Improvements Agreement and post collateral for all on-site and
off-site improvements associated with the Haul Route. The
applicant has committed to water for dust abatement on CR 112.
3) Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all
mining operations conform to federal, state and local
environmental standards." The processing area will be located
west of, and adjacent to, CR 99 with the nearest residence
approximately 1,600 feet to the north/north-west on lands owned
by the applicant.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development, including Open Pit
Gravel Mining (sands, gravels and stones) and Materials Processing
(Pawnee Aggregate Mine), in the A (Agricultural) Zone District.
C. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The parcels are
located on a ridge top with an overall elevation change of approximately
eighty (80) feet. The proposed use will be compatible with surrounding
properties which include rangeland, pasturing of cattle, and oil and gas
facilities. The historic Sligo Cemetery is sited south of CR 112 and
adjacent to the eastern property line of the parcel located in Section 31.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The surrounding property is primarily rangeland for the
grazing of cattle and oil and gas encumbrances. The Conditions of
Approval will ensure the health, safety and welfare of the surrounding
property owners.
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E. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposal is not located within the Flood
Hazard Overlay District area, as delineated on FIRM Community Panel
Map #080266-0250C, dated September 28, 1982. A Flood Hazard
Development Permit is not required. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property to be mined contains no "Prime" agricultural
lands, thus, no prime farm land will be taken out of production with this
proposal. The subject site is primarily classified as "High Potential Dry
Cropland - Prime if irrigated" and "Other Land" as delineated on the
Important Farmlands of Weld County map, dated 1979. The land is
presently utilized for the grazing of livestock.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open-mining have been
addressed through this application and the Development Standards will
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 Daniel Dietzler for a Site Specific Development
Plan and Use by Special Review Permit, USR12-0029, for a Mineral Resource Development
Facility, including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing
(Pawnee Aggregate Mine), in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted, subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0029.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) County Road 99 is designated on the Weld County Road
Classification Plan as a section line road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated.
5) County Road 112 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
6) If County Road 99 becomes a County-maintained Road, a vehicle
tracking pad, consisting of a double cattle guard, may be required
to prevent tracking of material (mud or debris) from the site onto
Weld County roads. This needs to be placed and shown on the
plat drawing across both lanes.
7) Setbacks to the mining operation are measured from the
right-of-way, or future right-of-way, lines plus the standard setback
of 20 feet in the A (Agricultural) Zone District. No structure will be
allowed in the future right-of-way.
8) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP# to be
provided).
9) Should exterior lighting be a part of this facility, all Light Standards
shall be delineated on the plat.
10) Should signs be a part of this facility, all signs shall be delineated
on the plat.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated June 4, 2012. Evidence
of approval shall be submitted, in writing, to the Department of Planning
Services.
C. The applicant shall complete a Nonexclusive License Agreement for the
upgrade and maintenance of Weld County road right-of-way.
D. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated June 13,
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2012. Evidence of approval shall be submitted, in writing, to the
Department of Planning Services.
E. The applicant shall attempt to address the requirements of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated June 21, 2012. Evidence of approval shall be
submitted, in writing, to the Department of Planning Services, specific to:
1) The applicant shall submit evidence of an Air Pollution Emission
Notice (A.P.E.N.) and Emissions Permit Application from the Air
Pollution Control Division (APCD) of the Colorado Department of
Public Health and Environment to the Environmental Health
Services Division of the Weld County Department of Public Health
and Environment. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these
requirements.
2) The applicant shall submit a Spill Prevention, Spill Control, and
Spill Countermeasures Plan (SPCC Plan) to the Environmental
Health Services Division of the Weld County Department of Public
Health and Environment.
F. The applicant shall provide written evidence of an agreement stipulating
that the use of the Halliburton Energy Services Inc., wells, permit
numbers 74874-F, 74876-F, 74877-F, and 74878-F, may be utilized
unrestricted for the term of the Mining and Reclamation Permit for the
Pawnee Aggregate Mine.
G. The applicant shall submit a Private Improvements Agreement According
to Policy Regarding Collateral. The applicant shall submit itemized bids
for all improvements for on and off-site improvements to the Department
of Planning Services. 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. Alternately, the applicant may
submit evidence that all the work has been completed and approved by
County staff.
H. The applicant shall address the requirements of the Office of the State
Engineer, Division of Water Resources, as stated in the referral response
dated June 20, 2012. Evidence of approval shall be submitted, in writing,
to the Department of Planning Services.
The applicant shall address how off-site drainage will be diverted around
the site. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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J. If exterior lighting is proposed, the applicant shall submit a Lighting Plan,
with cut-sheets, for the proposed light standards to be utilized at the
facility, for review and approval.
K. If signs are proposed, the applicant shall submit a Sign Plan with sign
structure dimensions and all sign locations to be utilized at the facility, for
review and approval.
L. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division
of Mining Reclamation and Safety.
2. Prior to construction:
A. The applicant shall contact the Permitting/Inspection agent for the Weld
County Department of Public Works for a Right-of-Way Permit for any
work that may be required in the right-of-way. A special transport permit
will be required for any oversized or overweight vehicles that may access
the site. This may be obtained through the same office.
B. If more than one (1) acre is to be disturbed for a scale and/or office
facility, a grading permit will be required prior to the start of construction.
The Grading Permit Application must contain an Erosion and Sediment
Control Plan, a Grading Plan, installation details of all Best Management
Practices (BMPS) to be utilized, typical installation and maintenance
notes for all BMPs to be utilized, and a copy of the approved Colorado
Department of Public Health and Environment (CDPHE) Stormwater
Permit.
C. A building permit is required for buildings and structures which require
permits before beginning construction.
D. 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: 2006 International Building Code, 2006
International Mechanical Code, 2006 International Plumbing Code, 2006
International Energy Code, 2006 International Fuel Gas code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
3. The Use by Special Review activity shall not occur, nor shall any building 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. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review Plat prior to recording.
The completed plat shall be delivered to the Weld County Department of
Planning Services and be ready for recording in the Weld County Clerk and
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Recorder's Office within one hundred twenty (120) days of approval by the Board
of County Commissioners.
5. 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 recording continuance charge shall added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:e
Sean P. Conway, Chair
Weld County Clerk to t :o
L'‘
1861 William F. G is Pro-T
BY:
Deputy Clerk to the '" r� u
U �'\\ a ra Kirkmeyer
APP AST l olor
David E. Long
C•.ntyAttorney o
Dougl s Radema er
Date of signature: /chi
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANIEL DIETZLER
USR12-0029
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0029, is
for a Mineral Resource Development Facility, including Open Pit Gravel Mining (sands,
gravels and stones) and Materials Processing (Pawnee Aggregate Mine), in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. Any vehicle washing areas 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.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are acceptable.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
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13. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
14. 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).
15. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division (WQCD).
17. If applicable, the applicant shall obtain a Colorado Discharge Permit System (CDPS)
Permit from the Colorado Department of Public Health and Environment (CDPHE),
Water Quality Control Division (WQCD).
18. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
23. 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.
24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, except in the case of public or private
emergency, or to make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.
25. Existing vegetation and ground cover along public road frontage and drainage ways
shall be preserved, maintained, and supplemented, if necessary, for the depth of the
setback in order to protect against and/or reduce noise, dust, and erosion.
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
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27. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180 of the Weld County Code.
28. The historic flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or pending of storm runoff.
29. Weld County is not responsible for the maintenance of on-site drainage related features.
30. A building permit is required for buildings and structures which require permits before the
beginning of construction.
31. 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: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas code,
2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of
the Weld County Code.
32. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
33. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
34. Should human remains be discovered during mining activities, the requirements under
State law C.R.S., Part 13, apply and must be followed.
35. The number of employees associated with the daily operations is limited to ten (10)
persons per shift.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. 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.
39. 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 stated herein and all applicable Weld
County regulations.
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40. 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.
41. 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.
42. 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.
43. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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