HomeMy WebLinkAbout20110193.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1767 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT GRAVEL MINING (KONIG BORROW MINE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MICHAEL KONIG, C/O KONIG AG
COMPANY
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 January, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael Konig, 57851 County Road 81, Grover, Colorado 80729, c/o
Konig Ag Company, 37231 Highway 14, Briggsdale, Colorado 80611, for a Site Specific
Development Plan and Use by Special Review Permit#1767 for a Mineral Resource
Development Facility, including Open Pit Gravel Mining (Konig borrow mine) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
NW1/4 of Section 11, Township 10 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Chris
Rundall, Baseline Engineering Corporation, 710 11th Ave, Suite 105, Greeley, Colorado 80631,
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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
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, the northern
part of the property is classified as U-4 (Upland deposits — unevaluated
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course and fine aggregate resources). The application materials indicate
that approximately 10 feet of sand, gravel, and stones are underneath six
(6) to eight (8) inches of overburden topsoil located on the site.
Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface
mining activities on surrounding land uses, roads and highways." The
application proposes to extract the mineral resource within a 35-acre
borrow area in the middle of the 121-acre property. The multiple linear
berms planted with a dry land seed mixture will assist in preventing wind
and moisture erosion and to create visual interest. Proposed access to
the site will be located on County Road 81 via an internal access into the
site. Section 22-5-80.D.1 (CM.Policy 4.1) states, "...require all mining
operations conform to federal, state and local environmental standards."
Section 22-5-80.C.6 (CM.Policy 3.6) states, "Buffer, where possible,
batch plants and processing equipment from adjacent uses." There is no
processing occurring on the site; this is strictly a borrow mine.
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 Facility, including
Open Pit Gravel Mining, in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by dryland pasture lands and limited agricultural and rural
residential uses. There are large tracts of land in the near vicinity.
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 proposed site is located within the three-mile referral
area for the Town of Grover. The Town of Grover did not return a referral
response.
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. Effective January 1, 2003, building permits
issued on the subject site will be required to adhere to the fee structure of
the County-Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee 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 subject site is primarily classified as "Prime" and
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"Irrigated Prime" land, as delineated on the Important Farmlands of Weld
County Map, dated 1979. Section 22-5-80.A (CM.Policy 1) states,
"Consider access to future mineral resource development areas in all land
use decisions, in accordance with state law." Section 22-5-80.A.3
(CM.Policy 1.3) states, "The County should not, 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."
g. Section 23-2-230.B.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 Michael Konig, c/o Konig Ag Company, for a Site
Specific Development Plan and Use by Special Review Permit #1767 for a Mineral Resource
Development Facility, including Open Pit Gravel Mining (Konig borrow 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. County Road 81 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. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured
from the edge of the future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. County Road 81 is maintained by Weld
County.
B. County Road 120 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way, and an additional
ten (10) feet shall be delineated on the plat as future County Road 120
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.
C. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
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SPECIAL REVIEW PERMIT#1767 -MICHAEL KONIG, CIO KONIG AG COMPANY
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November 22, 2010. Evidence of approval shall be submitted, in writing,
to the Department of Planning Services.
D. An Improvements Agreement According to Policy for Collateral, between
the applicant and the County, will be required for this project. It will detail
the approved haul route(s), any on-site and off-site requirements, and a
Road Maintenance Agreement for the haul routes. Intersection
improvements will be needed at the intersection of County Roads 81
and 120.
E. Should improvements be required within the public right-of-way, or if a
special transport permit is needed for oversized or overweight vehicles
which may access the site, the applicant shall contact the Utility
Coordinator for the Weld County Department of Public Works, to obtain
the appropriate permit.
F. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
rules and regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Vehicle washing areas shall be
designated on the plat. Evidence of approval shall be submitted, in
writing, to the Department of Planning Services.
G. In the event that one (1) or more acre(s) are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment. Evidence of
approval shall be submitted, in writing, to the Department of Planning
Services.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1767.
2) The location of any on-site signs.
3) If exterior lighting is a part of this facility, all light standards shall
be delineated in accordance with Section 23-3-250.B.6 of the
Weld County Code.
4) Section 23-3-250.A.6 of the Weld County Code addresses the
issue of trash collection areas. These areas shall be designed
and used in a manner which will prevent trash from being
scattered by wind or animals.
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2. Prior to Operation:
A. The applicant shall install a Stop sign at the exit of the pit approach onto
County Road 81.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
4. Upon completion of Conditions of Approval #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 the Department of Planning Services. 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 thirty (30) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the 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 Recorder's Office within thirty (30)
days of approval by the Board of County Commissioners.
6. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2005, should the plat not be recorded within the required thirty (30) days
from the date the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO: DO
ATTEST:
:arbara Kirkmeyer, ihair
Weld County Clerk to th`��. �%
,s:Ew
BY: r1,4A
Sean P. nway, Pro-Tern
Deputy Clerk to the Boa G,f \ i
m F. Garcia
APpy3VED A RM:
David E. Long
County Attorney
Douglas ademacher
Date of signature: O23
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL KONIG
C/O KONIG AG COMPANY
USR#1767
1. A Site Specific Development Plan and Use by Special Review Permit #1767 is for a
Mineral Resource Development Facility, including Open Pit Gravel Mining (Konig borrow
mine), in the A (Agricultural) Zone District, and is 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 which 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 which 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.
7. 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.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for all personnel
located at, or entering, the facility. Bottled water and portable toilets are acceptable.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
12. Portable toilets may be utilized on the sites which are temporary locations of the working
face.
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13. Bottled water shall be provided to employees at the temporary locations of the working
face.
14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner which will prevent nuisance conditions.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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 may be used which may be confused with, or
construed as, traffic control devices.
20. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, except in the case of a 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.
21. Existing 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.
22. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
23. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180.
24. The historical 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 unplanned ponding of storm runoff.
25. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
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26. Building permits will be required for all new structures, prior to construction.
27. A plan review is required for each building. Plans will require the wet stamp of a
Colorado registered architect or engineer.
28. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
29. A letter of approval from the Pawnee Fire Protection District is required prior to issuance
of building permits.
30. Effective January 1, 2003, building permits issued on the subject site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
31. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review activity 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 permit. If the Use by Special
Review permit is revoked, it shall be necessary to follow the procedures and
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requirements of Chapter 23, Division II, of the Weld County Code in order to re-establish
any Use by Special Review permit.
38. 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.
39. 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.
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