HomeMy WebLinkAbout20111748 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1779 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT GRAVEL MINING (DRY MINING) IN THE A (AGRICULTURAL)
ZONE DISTRICT-TIM AND JEANNE IVERSON, C/O LAFARGE WEST, 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
27th day of July, 2011, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose
of hearing the application of Tim and Jeanne Iverson, 5011 F Street, Greeley, Colorado 80631,
do Lafarge West, Inc., Attn: Anne Best-Johnson, 11409 Business Park Circle, Suite 200,
Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1779 for a Mineral Resource Development Facility, including Open Pit Gravel Mining
(dry mining) in the A (Agricultural) Zone District, on the following described real estate, to-wit:
Part of the E1/2 SW1/4, part of the W1/2 SE1/4,
part of the E1/2 NW1/4, and part of the W1/2 NE1/4
all in Section 34, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Pam Franch
Hora, Tetra Tech, 1900 South Sunset Street, Suite 1-F, Longmont, Colorado 80501, 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.B 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.
Section 22-5-80.6 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use would be
compatible with surrounding properties, which include agricultural lands,
river bottom lands, and floodplain designated lands. Further,
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Section 34-1-305, C.R.S., 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."
(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 authority 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."
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b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the I (Industrial) Zone District. Section 23-3-330.D.7 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 (dry mining) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed mining
site property is located to the north of F Street and borders the Cache La
Poudre River along the north and west. A residence is located
approximately 850 feet to the south of the mining site and a single family
residence is located approximately 600-800 feet to the north of the mining
site. Portions of the property are screened from the south by an existing
wood fence and trees. The property is well screened along the Poudre
River (to the north and west) by existing trees. The City of Greeley owns
property (including a dog park) located to the east of the site and a
wooded/floodplain area is located to the west of the site. The Poudre
River Trail runs along the south of the property. There is an existing
residence and outbuildings that are located on the property but will not be
utilized in association with the gravel mining operation. The applicant
proposes to convey gravel, via a conveyor system, to the existing Lafarge
mining/processing/batching site located directly west of 35th Avenue (this
facility is permitted under Amended USR-247). No additional mining
traffic will be generated by this operation. The attached Conditions of
Approval and Development Standards will ensure compatibility with
surrounding property owners.
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 property is located within the three (3) mile referral
area of the City of Greeley, and portions of the property border the
municipal boundaries of Greeley to the north and east. The City of
Greeley, in the referral received April 28, 2011, requested that a Stop sign
be placed at the driveway into the facility to the north of the Poudre River
Trail. The City of Greeley also stated that there should be no storage or
stockpiling of materials and equipment within the floodway of the Cache
La Poudre River, a certification letter shall be provided from a Colorado
registered professional engineer indicating that excavation and
reclamation activities will not cause an increase in base flood elevations,
and that the Poudre River Channel shall not be compromised by the
proposed mining activity. The City of Greeley indicated that there is
a 36-inch sewer main that crosses the main driveway/access into the
property, and is requiring the applicant to pothole this area to determine
the exact depth and location of the sewer main. Surface loads of vehicles
crossing the sewer main may have to be limited based on its depth and
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location. There is a Condition of Approval requiring the applicant to
attempt to address the requirements of the City of Greeley outlined in the
above referenced referral. Additionally, a Flood Hazard Development
Permit (FHDP) will be required to be approved prior to recording the plat,
which will address the floodplain/floodway concerns. The Conditions of
Approval and Development Standards will ensure the proposal does not
jeopardize the health, safety and welfare of the surrounding property
owners.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The site is located within the FEMA mapped Zone
AE 100-Year Floodplain and the floodway. Section 23-5-250 of the Weld
County Code prohibits development, including, but not limited to, the
construction of buildings and the placement of fill (stockpiles) within the
floodway. Flood Hazard Development Permits will be required for all
structures (including the existing residence and outbuildings) in the
floodplain; however, no permanent structures or stockpiling of materials
are permitted in the floodway. Effective April 25, 2011, building permits
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. Effective April 25, 2011, building permits will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee.
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 farmland will be taken out of production with this
proposal. The subject site is classified as "Irrigated Land (Non Prime),"
as delineated on the Important Farmlands of Weld County Map,
dated 1979. The entire site holds aggregate mineral resource of sands,
gravels, and stones, as delineated on the Weld County Sand, Gravel
Resources Map. Section 22-5-80.A.1 (CM.Policy 1.1) states, "access to
future mineral resource development areas should be considered in all
land use decisions in accordance with state law. No County
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."
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 will
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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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 Tim and Jeanne Iverson, c/o Lafarge West, Inc.,
for a Site Specific Development Plan and Use by Special Review Permit#1779 for a Mineral
Resource Development Facility, including Open Pit Gravel Mining (dry mining) 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. A Flood Hazard Development Permit (FHDP) is required in order to show
the impact of the mining operations on the 100-year water surface
elevation within the FEMA designated floodplain and floodway. The
applicant shall note that it will be necessary to utilize hydraulic modeling
showing the impact of mining on adjacent properties. Written evidence
from the Department of Public Works, that the application has been
conditionally approved, shall be provided to the Department of Planning
Services.
B. The Recorded Exemption plat, RECX11-0008, shall be submitted for
recording.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1779.
B. The location of any on-site signs.
C. The approved Landscape Mitigation Plan.
D. The location of the conveyor on the site plan at the point where it enters
the site. If the conveyor will be constructed in the floodplain, it will need
to be covered in the FHDP.
E. F Street 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, and delineate on the plat, the existing
right-of-way and the documents creating the right-of-way, and this shall
be indicated on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated.
F. All known and recorded easements and rights-of-way that may be present
on the site.
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G. The boundaries of USR-1779 shall match the boundaries of Lot B of
RECX11-0008.
3. Prior to construction:
A. Conveyors are proposed to be installed. Electrical permits are required if
electric is connected to conveyors.
4. The Use by Special Review activity shall not occur, nor shall any building permits
be issued for new buildings/structures 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.
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 one hundred
eighty (180) 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 one hundred eighty
(180) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be 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 10th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _ “/.( 4hi',-E=y/—
✓ �J ` Barbara Kirkmeyer, C air
Weld County Clerk to the arc C— )
1561 ).- (,L/
♦ can Conway, Pro-Tem
BY: � .i/ `'.; ::�
Deputy Clerk to the Boar '% l
t F. arcia
APP ORM:
David E. Long
C nt Attorney
/3O ougla Radem c r
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIM AND JEANNE IVERSON
CIO LAFARGE WEST, INC.
USR#1779
1. A Site Specific Development Plan and Use by Special Review Permit #1779 is for a
Mineral Resource Development Facility, including Open Pit Gravel Mining (dry mining),
in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Mined aggregate will be transported off the site via conveyors.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the Waste Handling Plan, at all times.
8. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
9. Any vehicle washing area 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.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the Dust Abatement Plan, at all times.
11. 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.
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees of
the facility at all times.
13. Portable toilets may be utilized on sites that are temporary locations of the working face.
14. Bottled water shall be provided to employees at the temporary locations of the working
face, at all times.
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15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
16. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
17. 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 and volatile organic compounds.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
19. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
20. The operation shall comply with the Mine Safety and Health Act (MSHA).
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies, and the Weld County Code.
23. Prior to the commencement of any mining activity which would result in the exposure
and/or use of groundwater, the applicant shall provide the Department of Planning
Services with an approved Colorado Division of Water Resources Substitute Water
Supply Plan or court-approved Augmentation Plan, along with an approved well permit.
24. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
25. 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.
26. 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 a public or private
emergency, or to make necessary repairs to equipment. Hours of operation may be
extended upon written notification to the Director of the Department of Planning
Services. This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property.
27. The five Plains Cottonwood trees, indicated on the Landscape Mitigation Plan, revised
August 2, 2011, shall be planted prior to commencement of mining.
28. Existing trees 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.
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29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
30. 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.
31. Prior to vacation of the USR, if mining has occurred, a Letter of Map Revision (LOMR)
must be approved by the Federal Emergency Management Agency (FEMA) pursuant to
floodplain regulations codified in the Code of Federal Regulations (CFR), Title 44, Parts
60 and 65.
32. The site is located within the FEMA mapped Zone AE 100-Year Floodplain and the
floodway. Section 23-5-250 of the Weld County Code prohibits development, including,
but not limited to, the construction of buildings and the placement of fill (stockpiles)
within the floodway.
33. 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.
34. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
35. Note that topsoil, overburden, and product stockpiles cannot be placed in the floodway.
Stockpiles located within the 100-year floodplain cannot impact the water surface
elevations on the adjacent properties not owned by the applicant, unless the affected
landowners have provided signoff that they accept the proposed impact. Stockpiles
must also be oriented to be parallel to the flood flows in order to minimize the impact to
adjacent properties.
36. If any work associated with this project requires the placement of dredge or fill material,
and any excavation associated with a dredged or fill project, either temporary or
permanent, in waters of the United States which may include streams, open water lakes
and ponds or wetlands takes place at this site, the Department of the Army, Corps of
Engineers, shall be notified by a proponent of the project for proper Department of the
Army permits or changes in permit requirements, pursuant to Section 404 of the Clean
Water Act.
37. A building permit shall be obtained prior to the construction or placement of any new
structure on the parcel. An electrical permit will be required for any electrical service to
equipment. Conveyors are proposed to be installed. Electrical permits are required if
the conveyors are connected to an electric source. 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.
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38. Structures 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, 2008 National Electrical Code, 2006 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
39. The Private Road Crossing Easement between Lafarge and Great Western Railway
shall be executed prior to installing the conveyor across Great Western Railroad
right-of-way.
40. Effective April 25, 2011, building permits will be required to adhere to the fee structure of
the County-Wide Road Impact Fee Program.
41. Effective April 25, 2011, building permits will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee.
42. Should human remains be discovered during mining activities, the requirements under
State law, C.R.S. part 13, apply and must be followed.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
45. 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.
46. 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 Development Standards stated herein and all applicable Weld County
regulations.
47. 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.
48. 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,
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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.
49. 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.
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