HomeMy WebLinkAbout20072263.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1608 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
CONCRETE BATCH PLANT, RECYCLED CONCRETE, AND GRAVEL MINING IN THE
A (AGRICULTURAL) ZONE DISTRICT - HOLTON FAMILY, LLC, C/O READY MIXED
CONCRETE 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 22nd day of
August, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Holton Family, LLC, 12032 Highway 52, Fort Lupton, Colorado 80621, c/o Ready
Mixed Concrete Company, 14585 Brighton Road, Brighton, Colorado 80641, for a Site Specific
Development Plan and Use by Special Review Permit#1608 for a Mineral Resource Development
Facility, including Concrete Batch Plant, Recycled Concrete, and Gravel Mining in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption#4381;being part of the NW 1/4SW 1/4
of Section 6; the SW1/4 of Section 6; the W1/2NW1/4 of Section 7
(excluding the S1/2SE1/4SW1/4SW1/4 of Section 6, and the
NE1/4NW1/4NW1/4 of Section 7, Township 1 North, Range 66
West); part of the NW1/4NE1/4 of Section 7 lying west of the
westerly right-of-way lane of U.S. Highway 85, and the
S1/2SE1/4SW1/4, SE1/4SW1/4SW1/4, and part of the
Si/2SW 1/4SE1/4 of Section 6 lying west of the westerly right-of-way
lane of U.S. Highway 85; all in Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Mike Hart, Hart Environmental,
P.O. Box 1303, Boulder, Colorado 80306, at said hearing, 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:
n /� 4Q 2007-2263
SPECIAL REVIEW PERMIT #1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 2
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 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and orderly
development of mineral resources." The proposed use will be compatible
with surrounding properties, which include agricultural, river bottom, and
floodplain designated lands. Further, Section 34-1-305, C.R.S., addresses
the preservation of commercial mineral deposits for extraction, as follows:
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
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 3
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."
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 a Concrete Batch Plant,
Recycled Concrete, and 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 contains agricultural lands. The proposed
use will be compatible with surrounding properties,which include agricultural lands
and the LaFarge Riverbend sand and gravel operation [AmUSR-1259]; properties
to the northwest are agricultural lands; properties to the north are agricultural lands
and outdoor recreation; property to the east is U.S. Highway 85 and the City of Fort
Lupton; property to the west has been leased to LaFarge; property to the southeast
is a farmstead and vacant land; and property to the south and southeast is
agricultural and pasture lands and the future Cell #6 of the Riverbend operation.
The applicant is proposing to install a vegetated berm on the north and east
boundaries. The existing Holton family residential structures, adjacent to State
Highway 52, will retain the existing landscape treatment.
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
agricultural in nature, with a few homes in the area. The site contains agricultural
lands,with the proposed use compatible with surrounding properties which include
gravel operations in the general vicinity. U.S. Highway 85 is to the east of the site.
The City of Fort Lupton, in its referral dated April 11, 2007, does not object to the
application, and the application was referred to the City for action through the
Intergovernmental Agreement Notice of Inquiry process. The City requested the
applicant complete annexation to the City, since the property is located within the
Urban Growth Area boundary; however, following the annexation procedure, the
City and the property owner came to an impasse on the terms of the Annexation
Agreement. The Agreement called for the owner and the operator to pay an impact
fee that was opposed by both the owner and the operator,therefore,the City denied
the annexation. Given this position, the City does request that the additional
screening blend into the site, adjacent to U.S. Highway 85 and State Highway 52.
The Colorado Historical Society, in its referral dated March 1, 2007, stated no
surveys for cultural resources have been conducted, and no cultural resource sites
are known to be in the proposed permit area, therefore, as a result, the possibility
exists that unidentified cultural resources exist within the permit area. Approval of
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY
PAGE 4
this use will not jeopardize the health, safety, or 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 proposal is located within the Flood Hazard Overlay District
area, as delineated on FIRM Community Panel Map #080266-0981C, dated
September 28, 1982, for the floodplain, and FIRM Community Panel
Map #080266-0012, dated September 28, 1990, for the floodway. Flood Hazard
Development Permits will be required for all structures in the floodplain; however,
no permanent structures or stockpiling of materials are permitted in the floodway.
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 property
to be mined contains no"Prime"agricultural lands,therefore, no prime farm land will
be taken out of production with this proposal. The subject site is primarily classified
as "other" land, as delineated on the Important Farmlands of Weld County Map,
dated 1979. A portion of the lots are currently farmed. 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 23-2-230.8.7 -- The Design Standards (Section 23-2-240), Operation
Standards(Section 23-2-250),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 Conditions of Approval and Development
Standards will ensure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Holton Family, LLC,c/o Ready Mixed Concrete Company,
for a Site Specific Development Plan and Use by Special Review Permit #1608 for a Mineral
Resource Development Facility, including Concrete Batch Plant, Recycled Concrete, and Gravel
Mining in the A (Agricultural) Zone District on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 5
1. Prior to recording the plat:
A. The applicant shall submit a Landscape Plan, identifying the number, size,
and species of all plant material, to the Weld County Department of
Planning Services, for review and approval. This plan shall include
specifications of any proposed berms, if required. The proposed berms will
be extended to mitigate impacts to surrounding properties and adjacent road
rights-of-way. The applicant shall use breaks in the berms,with landscaping
to fill the void, culverts, or some other method that will allow water to flow
freely.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated April 2, 2007. Evidence of
approval shall be submitted, in writing, to the Department of Planning
Services.
C. The applicant shall address the requirements of the Department of Building
Inspection, as stated in the referral response dated April 3, 2007. Evidence
of approval shall be submitted, in writing, to the Department of Planning
Services.
D. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response dated April 16,
2007. 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 Colorado
Department of Natural Resources, Division of Wildlife, as stated in the
referral response dated April 18,2007. Evidence of such shall be submitted,
in writing, to the Department of Planning Services.
F. The applicant shall attempt to address the requirements of the Platte Valley
Soil Conservation District,as stated in the referral response dated March 23,
2006. Evidence of such shall be submitted to the Department of Planning
Services.
G. The applicant shall attempt to address the requirements of the City of Fort
Lupton, as stated in the referral response dated April 11, 2007. Evidence
of such shall be submitted, in writing, to the Department of Planning
Services.
H. The applicant shall submit a letter from the United States Department of the
Interior, Fish and Wildlife Service, indicating if surveys will be required for
threatened or endangered plants and animals, migratory birds, or the
wetland/riparian areas, as outlined in the letter dated May 16, 2007. The
applicant shall demonstrate that there are no adverse impacts on federally
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 6
listed plants and animals. Evidence of approval shall be submitted, in
writing, to the Department of Planning Services.
The applicant shall address the requirements and concerns of Xcel Energy,
a Public Service Company, regarding the License Agreement for access to
the facilities or any crossings over Public Service Company easements.
Evidence of approval shall be submitted, in writing, to the Department of
Planning Services.
J. Section 22-5-100.Aof the Weld County Code states"Oil and gas exploration
and production should occur in a manner which minimizes the impact to
agricultural uses and the environment, and reduces the conflicts between
mineral development and current and future surface uses."
Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.B.1 of the Weld County Code states, "New development
should be planned to take into account current and future oil and gas drilling
activity, to the extent oil and gas development can reasonably be
anticipated." The applicant shall enter into a Surface Use Agreement with
Kerr-McGee Oil and Gas OnShore, L.P. (KMG), pursuant to that certain
Dispute Resolution Agreement, dated August 9, 2007, between the
applicant and KMG. Drill envelopes may be delineated on the plat, in
accordance with State requirements, as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
K. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral responses dated
March 19,2007,and May 2,2007. Evidence of approval shall be submitted,
in writing, to the Department of Planning Services.
L. The applicant shall submit a Flood Hazard Development Permit to the
Department of Public Works, for review and evaluation. Evidence from the
Department of Public Works, that the application has been conditionally
approved, shall be provided to the Department of Planning Services.
M. The applicant shall provide a detailed drawing of the accesses, showing
entrance and exit lanes with adequate turning radiuses, paving to the scale
house area, small paved parking lot to accommodate customers,circulation
pattern on the immediate area, including employee parking, truck parking
area, etcetera, to the Department of Public Works. Evidence shall be
submitted to the Department of Planning Services.
N. Evidence shall be provided to the Department of Planning Services that all
vehicles located on the property are operational with current license plates,
and screened from all adjacent properties and public rights-of-way, or they
2007-2263
PL1921
SPECIAL REVIEW PERMIT #1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 7
shall be removed from the property. All other items considered to be part
of a non-commercial junkyard must also be removed from the property, or
screened from adjacent properties and public rights-of-way. Evidence of
approval shall be submitted, in writing, to the Department of Planning
Services.
O. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
April 1, 2007. Evidence of such shall be submitted to the Department of
Planning Services.
P. The applicant shall provide the Weld County Department of Planning
Services with a copy of the access permit issued by the Colorado
Department of Transportation (CDOT), which grants access to State
Highway 52,or written evidence that the applicant has complied with CDOT.
Q. The applicant shall provide the Weld County Department of Planning
Services with a copy of the access permit issued by CDOT, which grants
access to U.S. Highway 85, or written evidence that the applicant has
complied with the requirements of CDOT.
R. 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 of the Colorado Department of Public Health and Environment, if
applicable. Evidence of such shall be submitted to the Department of
Planning Services.
S. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
T. The applicant shall provide a detailed Design and Operation Plan for the
truck washout area. The washing area shall be designed and constructed
to capture all effluent and prevent any discharges, in accordance with the
rules and regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Evidence of approval shall be submitted
to the Department of Planning Services.
U. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department
of Public Health and Environment for any proposed discharge into State
Waterways, if applicable. Evidence of approval shall be submitted to the
Department of Planning Services.
2007-2263
PL1921
SPECIAL REVIEW PERMIT #1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 8
V. The applicant shall submit evidence of an Aboveground Storage Tank
permit from the Colorado Department of Labor and Employment, Oil
Inspection Section, for any aboveground storage tanks located on the site.
Alternately, the applicant may provide evidence from the Colorado
Department of Labor and Inspection, Oil Inspection Section, that they are
not subject to these requirements. Evidence of such shall be submitted to
the Department of Planning Services.
W. In the event the facility's water system serves more than 25 persons on a
daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations(5 CCR 1003-1). Evidence shall be provided to
the Weld County Department of Public Health and Environment, that the
system complies with the regulations. Evidence of approval shall be
submitted to the Department of Planning Services.
X. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include at a minimum, the
following:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name,address, and phone number). Evidence
of approval shall be submitted to the Department of Planning
Services.
Y. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements, and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff,and accepted by the Board of County Commissioners, prior
to recording the Use by Special review plat.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1608.
B. The on-site parking, site access, site circulation, site entrance and exit lane
requirements,and auxiliary lanes, as approved by the Department of Public
Works, CDOT, and the Department of Planning Services.
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 9
C. The location of any on-site signs.
D. The approved Landscape, Screening, and Berm Plans.
E. Oil and gas encumbrances, including gathering lines with appropriate
setbacks, shall be delineated on the plat.
F. 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. A slurry wall or retaining wall is considered a structure. The
County has retained some rights-of-way from the 1889 Resolution.
G. State Highway 52 requires two hundred (200)feet at full buildout. A total of
one hundred (100) feet from the centerline of State Highway 52 shall be
delineated as right-of-way on the plat. This road is maintained by CDOT.
H. State Highway 52 requires auxiliary lanes for ingress and egress for the
mining operation having a design speed limit of 55 MPH. Appropriate
lengths meeting the minimum CDOT requirement shall be delineated on the
plat.
U.S. Highway 85 requires a minimum of two hundred (200) feet at full
buildout. A minimum total of one hundred (100)feet from the centerline of
U.S. Highway 85 shall be delineated as right-of-way on the plat. This road
is maintained by CDOT.
J. The temporary operation access from U.S. Highway 85, for equipment and
service vehicles, is for right-in and right-out access only. The auxiliary lane
requirements for ingress and egress, including the appropriate lengths
meeting the minimum CDOT requirement, shall be delineated on the plat.
K. United Power Company requires a ten (10) foot easement around the
parcel's perimeter for future utility requirements.
L. Xcel Energy maintains a recorded easement for the 115,000 kV
transmission line that crosses this mining operation. The easement and/or
associated right-of-way shall be delineated on the plat.
M. All future and existing County roads shall be delineated on the plat, including
the existing and future right-of-way.
3. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement of
any structure, such as a scale, concrete and asphalt plant, office, concrete
2007-2263
PL1921
SPECIAL REVIEW PERMIT#1608 - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY
PAGE 10
casting facility, recycling plant, office trailer, or 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.
B. The approach road shall be paved a minimum of three hundred (300)feet
in length with asphalt, concrete, or the equivalent, from State Highway 52
to the scale house,with adequate turning radii to accommodate heavy truck
hauling.
C. The applicant shall install a Stop sign at the exit of the pit approach onto
State Highway 52. Also required will be additional speed limit signs on the
designated haul route from the facility.
D. The applicant shall provide evidence of an approved Flood Hazard Permit
from the Department of Public Works to the Department of Planning
Services.
4. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed
office/weigh station, and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S. Regulations.
C. A Stormwater Discharge Permit may be required for a development/
redevelopment construction site,where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnit
to determine if they are required to obtain a Stormwater Discharge Permit.
Alternately, the applicant can provide evidence that they are not subject to
these requirements.
D. The Colorado Division of Water Resources referral, dated March 22, 2007,
states, "A substitute Water Supply Plan, or court-approved Augmentation
Plan, must be obtained to replace the depletions caused by the operation.
In addition, the applicant will be required to re-permit the existing well, prior
to using the well for the proposed commercial uses at the site, and the
applicant must obtain a well permit for the proposed gravel pit pond, prior to
exposing ground water at the site." Evidence of approval shall be submitted
to the Department of Planning Services.
2007-2263
PL1921
SPECIAL REVIEW PERMIT #1608 - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY
PAGE 11
5. 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.
6. 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 Recorder's Office
within thirty (30) days from the date of the Board of County Commissioners
Resolution.
7. 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 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 22nd day of Au•ust, A.D., 2007.
It..La V OARD OF COUNTY COMMISSIONERS
t. ECDXCOUNTY, COLORADO
ito 1 .-- �, �
14 �. t ;� -
ATTEST: ,, 4���!�_
vid E. Long, Chair
Weld ounty Clerk to the B
BY. ,n A VI Th William H. Jere, Pro-Te
Dep Clerk the Board ,
�' F. Garcia
C
Robert D. Masden
untyA m„z/1yr
ouglas adema her
Date of signature: `�10�
2007-2263
PL1921
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOLTON FAMILY, LLC
CIO READY MIXED CONCRETE COMPANY
USR#1608
1. The Site Specific Development Plan and Use by Special Review Permit #1608 is for a
Mineral Resource Development Facility including a Concrete Batch Plant, Recycled
Concrete, and Gravel Mining 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 Waste Handling Plan.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. The truck 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.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
13. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six months at each location.
2007-2263
PL1921
DEVELOPMENT STANDARDS - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY(USR#1608)
PAGE 2
14. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. If applicable, the water system shall comply with the requirements for a Community Water
System, as defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
17. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
18. 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.
19. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
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 daylight, 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 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.
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
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.
2007-2263
PL1921
DEVELOPMENT STANDARDS - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY(USR#1608)
PAGE 3
28. U.S. Highway 85 shall be used as a service access only. The main access is from State
Highway 52. Materials will be transferred on conveyors and bridged across the South Platte
River to the main plant area.
29. 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, velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
30. The site must take into consideration stormwater capture/quantity and provide accordingly
for Best Management Practices.
31. 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.
32. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
33. A building permit shall be obtained prior to the construction or placement of any structure
such as a scale, concrete and asphalt plant,office, concrete casting facility,recycling plant,
office trailer, 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.
34. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit.
35. 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: 2003
International Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2002 National Electrical Code, 2003 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
36. Each structure set on a foundation will require an engineered foundation based on a
site-specific Geotechnical Report, or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer.
37. Building wall and opening protection and limitations, and the separation of buildings of
mixed occupancy classifications, shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
2007-2263
PL1921
DEVELOPMENT STANDARDS - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 4
38. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of
construction, and to determine compliance with the Bulk Requirements from Chapter 23 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from the building.
39. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved,
and berming within the 100-year floodplain.
40. 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.
41. 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.
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 number of employees associated with the daily operations is limited to fifteen (15)
persons per shift, as stated in the application materials.
44. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
45. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
46. 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.
47. 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.
48. 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.
49. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review activity has not commenced within three (3) years from the date of approval, or is
2007-2263
PL1921
DEVELOPMENT STANDARDS - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 5
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
requirements of the Weld County Code in order to reestablish any Use by Special Review
Permit.
50. 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.
2007-2263
PL1921
Hello