HomeMy WebLinkAbout20062881 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1573 FOR MINERAL RESOURCE DEVELOPMENT FACILITY(CONCRETE
BATCH PLANT)IN THE A(AGRICULTURAL)ZONE DISTRICT-CEDAR CREEK WIND
ENERGY, LLC
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 18th day of
October, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Cedar Creek Wind Energy, LLC, 310 Charlottesville, Virginia 22902, for a Site
Specific Development Plan and Use by Special Review Permit #1573 for a Mineral Resource
Development Facility(concrete batch plant) in the A(Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 1/4 N W 1/4 of Section 2,Township 10
North, Range 60 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, said applicant was represented by Mike Bachli 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable Code provisions or ordinances in effect.
Section 22-5-80 (CM.Policy 4.1.5) states, "Require, where possible, that
batch plants and processing equipment be buffered from adjacent uses."
The facility is located within a rural area,with the nearest residences being
approximately three-quarters of a mile to the east and one mile to the north
of the proposed site.
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 and 23-3-40.A.4 of the
Weld County Code provide for Mineral Resource Development Facilities,
including Concrete Batch Plants in the A(Agricultural) Zone.
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SPECIAL REVIEW PERMIT#1573 - CEDAR CREEK WIND ENERGY, LLC
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c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land immediately
adjacent to the site is vacant. The nearest single family residences are
approximately three-quarters of a mile to the east and one mile to the north.
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 nearest
municipality to the site is the Town of Grover. No referral has been received
from the Town of Grover indicating a conflict with its interests. Approval of
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 23-5-200 of
the Weld County Code. The site is not located within any overlay districts.
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 is designated as "high potential dry cropland - prime if
irrigated"land,according to the 1979 Prime Farmlands of Weld County Map.
The site is not irrigated.
g. Section 23-2-230.6.7 -- 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
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 concrete batch plants have
been addressed through this application, and the 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 Cedar Creek Wind Energy, LLC, for a Site Specific
Development Plan and Use by Special Review Permit#1573 fora Mineral Resource Development
Facility(concrete batch plant)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 USR plat:
A. The plat shall be amended to delineate the following:
1) All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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2) All sheets shall be labeled USR-1573.
3) The Development Standards associated with this application.
4) Weld County Road 122 is identified on the Weld County Road
Classification Plan as a local gravel road,which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the right-of-way
and the existing documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
5) If Weld County Road 105 is identified as a County Road right-of-way,
it shall be identified on the Weld County Road Classification Plan as
a Section Line access. The applicant shall verify the right-of-way and
the existing documents creating the right-of-way. Additionally, the
date of approval for the Nonexclusive License Agreement shall be
indicated. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
6) The location of all permanent structures, i.e., scale house, truck
scale,all buildings and/or structures and known areas for"portable"
machinery associated with this land use application. Further, all
physical encumbrances presently in-situ for this site, i.e., irrigation
ditches, oil and gas facilities, etcetera.
7) The approved Site Lighting Plan.
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, if
applicable. Evidence of such shall be submitted to the Department of
Planning Services.
C. 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.
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. Evidence of such shall be submitted to the
Department of Planning Services.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
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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 their approval shall be submitted to the Department of Planning
Services.
F. In the event the applicant intends to wash vehicles or equipment on the site,
the following shall apply:
1) The applicant shall provide evidence to the Department of Public
Health and Environment that any vehicle washing area will be
designed and constructed to capture all effluent, and prevent any
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.
Evidence of approval shall be submitted to the Weld County
Department of Planning Services.
G. The applicant shall submit a Lighting Plan identifying the number,size,and
location of all on-site fixed and mobile lighting fixtures.
H. 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 to
the Weld County Department of Public Health and Environment. Altemately,
the applicant can provide evidence from the CDL&E,Oil Inspection Section,
that they are not subject to these requirements. Evidence of such shall be
provided to the Department of Planning Services.
The applicant needs to identify a designated haul route from the nearest
paved road to the batch plant facility,office, and substation. The applicant
shall enter into a Long-Term Road Maintenance and Improvements
Agreement with the Weld County Department of Public Works on the
designated haul routes for heavy vehicle traffic to support transport and
equipment.
J. The applicant shall submit a Private Road Improvements Agreement for all
improvements associated with this site,i.e.,fencing,overhead light fixtures,
road base, etcetera,or provide evidence that the improvements have been
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completed to the satisfaction of the Departments of Public Works and
Planning Services.
K. The applicant shall determine if a road right-of-way exists along the Weld
County Road 105 section line by ascertaining the land patent date. If road
right-of-way exists, the applicant shall complete a Nonexclusive License
Agreement for the Upgrade and Maintenance for the Weld County Road 105
section line right-of-way.
L. The application indicates that water for batch plant operations will be brought
in by truck from Wyoming. It also indicates that the water supply may be
augmented by an on-site well. A water hauling agreement shall be provided
to the Department of Planning Services. If operations are to be augmented
by a well, a copy of an approved well permit shall be provided to the
Department of Planning Services.
M. If the plat for USR-1563 is already recorded,the portion of the USR-1563 site
(Cedar Creek Windfarm Facility) upon which this batch plant is proposed
shall be vacated.
2. 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. The Mylar
plat and additional requirements shall be submitted within thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. Prior to operation:
A. One month prior to operation, the applicant shall submit evidence of
compliance with the Colorado Department of Public Health and Environment,
specific to a Stormwater Discharge Permit which 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 Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. Written
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evidence of compliance with the referral shall be submitted to the
Department of Planning Services.
B. Proper building permits shall be obtained in accordance with the Weld
County Department of Building Inspection, prior to any construction,
demolition,or excavation. Part of the permit application process includes a
complete plan review.
C. The applicant shall provide a sign-off from, or provide evidence that
notification has been provided to the Francis E. Warren Air Force Base.
5. 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.
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 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 18th day of October, A.D., 2006.
BOARD OF C UNTY COMMISSIONERS
Se 1
'� WELD CO Y, COLORADO
ATTEST: � � �^
'• —M. J. • e, Chair
Weld County Clerk to the rial, . 'e �/ -
)R4 a David E. Long, Pro-Tem
BY: it-4 a i,Li
De* Clerk the Board r ,
William H. Jerke
AP AST EXCUSED
Robert . Mas n
o my A ey / aldS,
Glenn Vaa _
Date of signature: 102z-dal
2006-2881
PL1853
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CEDAR CREEK WIND ENERGY, LLC
USR#1573
1. This Site Specific Development Plan and Use by Special Review#1573 is for a Mineral
Resource Development Facility(concrete batch plant)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. Anytime the applicant utilizes the right-of-way or crosses the right-of-way, a Weld County
Right-of-Way Permit shall be required. The applicant shall contact the Weld County
Department of Public Works,P.O.Box 758,Greeley,Colorado,80632,(970)381-3779. This
permit shall be in place prior to any work being done within the right-of-way.
4. A Weld County Right-of-Way Permit shall be obtained from the Weld County Department
of Public Works for transporting the overweight or overwidth items utilizing County roads or
rights-of-way. The applicant shall contact the Weld County Department of Public Works ,
P.O. Box 758, Greeley, Colorado, 80632, (970)381-3779.
5. If Weld County Roads are damaged beyond normal wear and tear by importing and
delivering concrete material due to heavy hauling,the applicant or applicant's contractor will
repair the road damage to the satisfaction of the Department of Public Works(Motor Grader
Division Supervisor). The Weld County Department of Public Works will determine when
this is warranted. Upon notice by Weld County,the applicants will cease hauling operations
or direct the contractor to cease hauling operations until the roads are repaired to the
satisfaction of the Weld County Department of Public Works. Hauling operations will not be
allowed to resume until the condition of the road allows heavy hauling without damage being
done to the road.
6. There shall be no staging or parking of vehicles or equipment on maintained County roads.
Utilize on-site locations and private rights-of-way.
7. If excessive heavy truck hauling of concrete or materials cause dust problems to the
adjacent property owners, the applicant shall be required to provide an adequate dust
suppressant chemical(calcium chloride or magnesium chloride)for approximately 300 feet
at any residence. Determination on application shall be determined by the Weld County
Department of Public Works (Motor Grader Division Supervisor) based on complaints,
average daily traffic counts, and increased heavy truck hauling associated with this
operation.
8. If a drain culvert is required,a 15-inch corrugated metal pipe is the County's minimum size
requirement. If the applicant chooses to place a larger culvert,they shall contact the Weld
County Department of Public Works to adequately size the culvert.
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9. The access shall be placed in such a location to have adequate sight distance in both
directions, and not below the crest of a hill or where physical obstructions are present.
10. Adequate turning radii shall be installed at all entrances to accommodate large truck
movement. The off-street parking and loading zones shall be surfaced with gravel, or the
equivalent, and shall be graded to prevent drainage problems.
11. Pursuant to Chapter 15,Articles I and II, of the Weld County Code, if 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.
12. The right-of-way shall be a graded and drained road to provide an all-weather access.
13. The applicant shall utilize the(MUTCD)Traffic Manual to appropriately sign construction
zones and crossings adjacent to County Roads.
14. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
15. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
16. Utilize the Erosion Control Plan for all the site until vegetation is established in the area.
17. Tracking pads are required at all measure construction locations where there is heavy traffic
coming from the site onto the County Road. The purpose of tracking pads is to keep mud
and debris from leaving the site and being tracked on the County Road, contaminating the
existing gravel road with mud and debris.
18. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
19. 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.
20. Waste materials shall be handled,stored,and disposed of in a mannerthat controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
21. The applicant shall operate in accordance with the approved Waste Handling Plan.
22. 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.
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23. 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.
24. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
25. Bottled water shall be provided to employees at all times.
26. Portable toilet facilities and handwash stations shall be provided.
27. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
28. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
29. The applicant shall complywith all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
30. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
31. The applicant shall enter into a Long Term Road Maintenance and Improvements Agreement
with the Board of County Commissioners.
32. The operation shall comply with the Occupational Safety and Health Act(OSHA).
33. Building permits shall be obtained prior to the construction or placement of any structure
such as a concrete batch plant 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 Intemational 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
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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.
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. The setbacks for the batch plant operation are measured from the future right-of-way, plus
the standard twenty(20) feet in the A (Agricultural)Zone District.
40. Permits are required for all electrical work, including electrical services for construction
trailers, site lighting, etcetera.
41. Drawings for any building or related projects shall be submitted to the Pawnee Fire
Protection District.
42. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Department of Building Inspection, the Fire District, or other
State agencies.
43. Per Section 23-3-250.D of the Weld County Code:
A. Sources of light, including light from high-temperature processes such as
combustion or welding,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
adjacent properties; and
B. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets, and no colored lights may
be used which may be confused with, or construed as, traffic control devices.
44. 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, Monday through Saturday,except in the case of
public or private emergencyor to make necessary repairs to equipment. Hours of operation
in the winter months (November through April)will be 7:00 a.m. to 5:00 p.m., and in the
summer months(May through October)will be 7:00 a.m.to 7:00 p.m.,with limited hours of
operation during the summer months. Hours of operation may be extended with specific
permission from the Weld County Board of County Commissioners. This restriction shall
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not apply to operation of administrative and executive offices or repair and maintenance
facilities located on the property.
45. The number of on-site employees shall be limited to twenty(20)as stated in the application
materials.
46. Upon cessation of the batch plant operation. Equipment shall be removed and the site shall
be revegetated and reclaimed in the manner stated in the application materials.
47. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
48. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
49. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-290, Weld County Code.
50. 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.
51. 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.
52. 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 Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
53. 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.
54. 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
Weld County Commissioners Resolution,a$50.00 recording continuance charge shall be
added for each additional three (3) month period.
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55. 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.
56. 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.
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