HomeMy WebLinkAbout20060863.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1539 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (GRAVEL
MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT - KEITH AND SHIRLEY
ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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 12th day of
April, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Keith and Shirley Ashbaugh,39434 Weld County Road 115, New Raymer,Colorado
80742,fora Site Specific Development Plan and Use by Special Review Permit#1539 fora Mineral
Resource Development Facility(gravel mining)in the A(Agricultural)Zone District on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 15, Township 7 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Greg Nelson,Weld County Department of
Public Works, 1111 H Street, Greeley, Colorado 80632, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect.
1) Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which
provide valuable natural mineral deposits for potential future use in
accordance with state law." The proposed site contains a valuable
gravel deposit, and permitting of this site for this use will ensure the
materials are available for repair and construction of County roads.
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SPECIAL REVIEW PERMIT#1539- KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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2) Section 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and
orderly development of mineral resources."
3) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads, and
highways." The site is surrounded by vacant pasture land, and the
only residence in the vicinity is owned by the applicants.
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 fora Mineral Resource Development Facility for gravel mining in the
A (Agricultural)Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by vacant
pasture land, and the only residence in the vicinity is owned by the
applicants.
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. Existing
land uses surrounding the property are dryland farming and pasture. The
subject property does not lie within the three-mile referral area of any
municipality. The approval of this use will not jeopardize the health,safety,
or welfare of the surrounding property owners.
e. Section 23-2-230.6.5--The application complies with Section 23-5-230 of
the Weld County Code. The site does not lie within any Overlay Districts.
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
Program. Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the subject site is classified as "Other", with a small
portion of"Prime if they become irrigated", as delineated on the Important
Farmlands of Weld County Map, dated 1979.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
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adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for open-mining have been
addressed through this application, and the Development Standards will
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Keith and Shirley Ashbaugh,do Weld County Department
of Public Works, for a Site Specific Development Plan and Use by Special Review Permit#1539
bra Mineral Resource Development Facility(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:
1. Prior to recording the plat:
A. The applicant submitted an approved Substitute Water Supply Plan;
however,the Plan is only valid through March 31,2006. The applicant shall
submit evidence to the Department of Planning Services that the Plan has
been renewed,or that an alternative Substitute Water Supply Plan has been
approved.
B. 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.
C. The applicant shall subm it a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
D. 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.
E. The applicant shall submit evidence of an Aboveground Storage Tank Permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section,for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the CDL&E, Oil
Inspection Section, that they are not subject to these requirements.
F. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1539.
2) The plat shall indicate the appropriate certificates for signatures.
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3) The plat shall indicate the Development Standards associated with
this application.
4) The applicant shall either submit to the Department of Planning
Services a copy of an agreement with the property's mineral lessees
stipulating that the oil and gas activities have adequately been
incorporated into the design of the site, or indicate the 400-foot by
400-foot and the 800-foot by 800-foot drilling envelope locations,per
State statute.
5) The plat shall indicate the location of any on-site signs.
2. One month prior to construction activities:
A. 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
for more information.
3. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
4. The Weld County Sheriffs Office would be willing to assist in developing a security
plan for the site. If interested, the applicant shall contact the Sheriffs Office.
5. 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 the
Board of County Commissioners Resolution was signed, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT#1539- KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: Augget/G/�������� r
M. eile, Chair
Weld County Clerk to the
Davi . Long, Pro-Tem
Deputy Clerk to
�l Wi 'am H. Jerke n
APP AS TO FO � �'J��I" f�I�FO
Robert D. Masden
.untyA or y EXCUSED
Glenn Vaad
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEITH AND SHIRLEY ASHBAUGH
CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS
USR#1539
1. A Site Specific Development Plan and Use by Special Review Permit#1539 is fora Mineral
Resource Development Facility (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. As indicated in the application materials,operations on the site shall be limited to mining and
crushing of materials for use on County road rights-of-way and the applicants' property.
4. To prevent the destruction of nesting wildlife, initial construction shall occur after August 15,
and before April 1.
5. Mining equipment shall be cleaned periodically to avoid spreading noxious weeds.
6. Mined areas should be promptly re-vegetated to prevent erosion and invasion of noxious
weeds.
7. Weed management should be implemented at the onset of mining operations and for a
period of at least five (5) years after mining operations cease.
8. Any fencing on the site shall comply with Division of Wildlife recommendations.
9. 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.
10. 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.
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
12. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
13. 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.
14. 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.
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15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
16. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six (6) months at each location.
17. An adequate water supply shall be provided for drinking and sanitary purposes.
18. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
19. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the
facility area in a manner that will prevent nuisance conditions.
20. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
22. The site will be graded to insure that all stormwater run-off that comes in contact with
disturbed areas will be directed into the mining areas or settling ponds.
23. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for best management practices.
24. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
25. The applicant shall obtain and maintain all State Water Quality Permits associated with the
gravel mining operation.
26. The operation shall comply with the Occupational Safety and Health Act (OSHA).
27. The site shall comply with the Mine Safety and Health Act (MSHA).
28. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
29. 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,Articles I and II, of the Weld County Code.
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30. 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 Program.
31. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
32. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
33. All gravel trucks transporting materials out of the area on County roads shall ensure that
their loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles.
34. "No Trespassing"signs shall be posted and maintained on the perimeterfence at all points
of ingress and egress to clearly identify the boundaries of the site.
35. In accordance with Section 23-4-290.C of the Weld County Code, all sand and gravel
operations shall be conducted during the hours of daylight, except in the case of public or
private emergency,orto make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners.
36. The number of on-site employees shall be limited to twenty(20),as stated in the application
materials.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
40. 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.
41. 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 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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42. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval, or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Division 4 of the Weld County
Code in order to reestablish any Use by Special Review.
43. 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.
44. The number of trucks that will be used at the facility on a daily basis shall not exceed 20,
regardless of the number of trips to and from the facility on a daily basis.
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