HomeMy WebLinkAbout20102788.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE
BY SPECIAL REVIEW PERMIT #840 FOR A PROPOSED RAIL TRANSLOAD YARD
FOR OFF-LOADING, STORAGE, AND LOAD-OUT OF INDUSTRIAL MATERIALS,
INCLUDING THE ABILITY TO FABRICATE, REPAIR AND MAKE MODIFICATIONS
OF EXISTING RAIL CARS, THE EXTENSION OF THE EXISTING ON-SITE RAIL
SPUR TO CREATE A "RAIL LOOP" OF ON-SITE TRACK, INCLUDING THE
UTILIZATION OF MORE THAN ONE CARGO CONTAINER FOR STORAGE AND
ONGOING GRAVEL MINING (SAND, GRAVEL AND STONE), IN THE
A (AGRICULTURAL) ZONE DISTRICT- L.G. EVERIST, 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 24th day
of November, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of June Lehr Living Trust, RR Box 98, Texhoma, Oklahoma 73949;
Lloyd and Marjorie Thomas, Trustees, 7900 County Road 120, Carr, Colorado 80612; and
L.G. Everist, Inc., Attn: Lynn Shults, 7321 East 88th Avenue, Suite 200, Henderson, Colorado
80640, for a Site Specific Development Plan and Second Amended Use by Special Review
Permit#840 for a proposed rail transload yard for off-loading, storage, and load-out of industrial
materials, including the ability to fabricate, repair and make modifications of existing rail cars,
the extension of the existing on-site rail spur to create a "rail loop" of on-site track, including the
utilization of more than one cargo container for storage and ongoing Gravel Mining (sand, gravel
and stone), in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Section 1, Township 10 North, Range 67 West;
Section 35, W1/2 of Section 26, and the E1/2E1/2
of Section 27, all within Township 11 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Lynn Shults, 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.
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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 22-2-80.E ((.Goal 5) states, "New industrial uses or expansion of
existing industrial uses should meet existing federal, state and local
policies and legislation." Further, (.Policy 5.1 indicates, "Industrial uses
should be evaluated using criteria, including, but not limited to, the effect
the industry would have on air and water quality, natural drainage ways,
soil properties and natural patterns and suitability of the land"; and
(.Policy 5.2 indicates, "Development improvements should minimize
permanent visual scarring from grading, road cuts, and other site
disturbances. Require stabilization and landscaping of final land forms,
and that runoff be controlled at historic levels." The proposed second
amendment to the existing permit meets the existing federal, state, and
local requirements. The proposed transload facility utilizes existing
infrastructure to capture a developing market in this area of the County.
The site has approved stormwater and drainage controls in place, which
appear to be sufficient for this use. The proposed transload facility will
have little to no additional impact on air or water, since the use is simply
unloading from rail, storage of materials, and loading said materials onto
a truck for delivery off-site.
Section 22-2-80.F ((.Goal 6) states, "Minimize the incompatibilities that
occur between industrial uses and surrounding properties." The
incompatibilities which occur between the proposed industrial use as a
transload yard and the surrounding properties are minimized due to
various factors. The closest distance the transload yard will be from
neighboring properties is to the west, where the facility is approximately
2,000 feet to the nearest residence. The Union Pacific mainline and
County Road 21 are between this residence and the permitted boundary.
Furthermore, there is an earthen berm in place along the west side of the
property which shields surrounding landowners and roads from visual and
noise-related impacts. The mining operation has been on the site for over
20 years, and the proposed addition of the transload facility will not cause
any significant changes for the surrounding property owners. The
applicant proposes no changes to the existing Noxious Weed Control
Plan or Waste Handling Plan.
Section 22-2-80.F ((.Goal 7) states, "Recognize the importance of railroad
infrastructure to some industrial uses." The proposed use will utilize the
Union Pacific railroad mainline and the private internal rail spur within the
property boundary. This spur has been utilized for mining operations for
20 years, or more, to move materials off the site. The proposed transload
facility provides for the utilization of inbound rail to transport materials.
The transload operation will not cause significant changes for the
surrounding property owners.
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Section 22-5-80.8 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." According to the Weld
County Sand and Gravel Resources Map, dated July 1, 1975, the
property is classified as T-1 (Stream-terrace deposits — course aggregate
resources). The application materials indicate that gravel resources
underneath minimal overburden is 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." There
is an existing separation berm planted in native herbaceous material to
prevent erosionary processes, screening from adjacent lands, and to
create visual interest. The townsite of Carr is located to the northwest
from the proposed amendment location, and the proposed access to the
site will be located on County Road 126, via an internal access and utility
road.
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." Mining
operations will continue on the site unimpeded by transload operations.
The remaining areas to be mined are mostly to the south of the proposed
transload use. Aggregate hauling, processing, or other related mining
operations will occur in separate areas including the on-site haul routes.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.3, 23-3-40.R and
23-3-40.AA of the Weld County Code provide for a Site Specific
Development Plan and Second Amended Use by Special Review for a
proposed rail transload yard for off-loading, storage, and load-out of
industrial materials, including the ability to fabricate, repair and make
modifications of existing rail cars, the extension of the existing on-site rail
spur to create a "rail loop" of on-site track, including the utilization of more
than one cargo container for storage and ongoing Gravel Mining (sand,
gravel and stone), 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 agricultural rangeland and rural residential uses. The
Union Pacific railroad main track and the private spur into the property are
existing, and the proposed expansion of the private rail is internal to the
property. The previously approved Landscape and Screening Plan
addresses screening of adjacent properties from the proposed gravel
mining operation. No letters, telephone calls, or electronic mail has been
received concerning this proposed amendment. The Conditions of
Approval and Development Standards will ensure that the proposed
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second amendment to the current operation will be compatible with
existing surrounding land uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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 not located within
the three-mile referral area of a municipality or county. The property is
located within one-half mile of the unincorporated Townsite of Carr.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The property is not located within the Flood
Hazard Overlay District Area, as delineated on FIRM Community Panel
Maps 080266 00025 C and 080266 0175 C, dated September 28, 1982.
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 Storm water/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 has a limited amount of prime agricultural
land. The parcel is designated as "High Potential Dryland" and "Irrigated
Land (Not Prime)", as delineated on the Important Farmlands of Weld
County map, dated 1979. None of the subject parcel is identified as
"Prime" agricultural land. The area has historically been utilized as
pasture land and dryland agriculture pre-mining, and post-mining area(s)
have been reclaimed per the approved Reclamation Plan.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of L.G. Everist, Inc., for a Site Specific
Development Plan and Second Amended Use by Special Review Permit #840 for a proposed
rail transload yard for off-loading, storage, and load-out of industrial materials, including the
ability to fabricate, repair and make modifications of existing rail cars, the extension of the
existing on-site rail spur to create a "rail loop" of on-site track, including the utilization of more
than one cargo container for storage and ongoing Gravel Mining (sand, gravel and stone), 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 applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement, with the Weld County Department of Public
Works, for the designated haul route described in the agreement
accepted by the Department. The agreement shall be reviewed by the
Department of Public Works, and accepted by the Board of County
Commissioners, prior to recording the plat for 2ndAmUSR-840.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled 2ndAmUSR-840.
2) 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.
3) Section 23-3-250.A.6 of the Weld County Code addresses the
issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner which will prevent trash from being scattered by wind or
animals.
2. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement
of any structure, including cargo containers and any other structures
placed on the parcels. An electrical permit will be required for any
electrical service to equipment. 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.
3. The Second Amended Use by Special Review activity shall not occur, nor shall
any building or electrical permits be issued on the property, until the Second
Amended Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder.
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4. Upon completion of Condition of Approval #1 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.
5. The attached Development Standards for the Second Amended 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 60 days of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) 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 24th day of November, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: • �
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Weld County Clerk to the :o- ,�.�..,,
ism , .� - "A-o mti-
,� arbara Kirkmeyer, ro-Tem
BY.
Deputy Clerk the Boa`� 1 Y � EXCUSED
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APP D RM:
i William F. Garcia
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County Attorney � c+f�
David E. Long
Date of signature:/cg/'/o2a/O
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. EVERIST, INC.
2NDAMUSR #840
1. Site Development Plan and Second Amended Use by Special Review Permit#840 is for
a proposed rail transload yard for off-loading, storage, and load-out of industrial
materials, including the ability to fabricate, repair and make modifications of existing rail
cars, the extension of the existing on-site rail spur to create a "rail loop" of on-site track,
including the utilization of more than one cargo container for storage and ongoing Gravel
Mining (sand, gravel and stone), 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, 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. 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 employees
and patrons of the facility, at all times. Bottled water and portable toilets are acceptable.
11. Portable toilets may be utilized on sites which are temporary locations of the working
face and portable processing equipment, etcetera, for up to six (6) months at each
location.
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12. Bottled water shall be provided to employees at the temporary locations of the working
face, at all times.
13. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner which 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 which minimizes the release of
hazardous air pollutants and volatile organic compounds.
15. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
16. The operation shall comply with the Mine Safety and Health Act (MSHA).
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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 public or private
emergency, or to make necessary repairs to equipment. Hours of operation in the winter
months (November through April) will be from 7:00 a.m., to 5:00 p.m., and in the summer
months (May through October) will be from 7:00 a.m., to 7:00 p.m. Transload hours will
be 24 hours per day, 7 days per week. 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. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
22. 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.
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 of the Weld County Code.
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24. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
25. 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.
26. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
27. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
28. Building permits will be required for all new structures, prior to construction.
29. A plan review is required for each building. Plans will require the wet stamp of a
Colorado registered architect or engineer.
30. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
31. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
32. 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. 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.
36. Weld County Government personnel 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.
37. The Second Amended 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.
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38. In accordance with Section 23-2-200.E of the Weld County Code, if the Second
Amended 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 Second Amended Use by Special
Review. If the Second Amended Use by Special Review permit 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 re-establish any Use by Special Review permit.
39. 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.
40. 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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