HomeMy WebLinkAbout20062847.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1455 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
SAND AND GRAVEL MINING IN THE A(AGRICULTURAL)ZONE DISTRICT-MINERAL
RESERVES, INC., C/O LAFARGE WEST, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of
November,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Mineral Reserves, Inc.,c/o Lafarge West, Inc.,Attn: Eric Reckentine, 1800 North
Taft Hill Road, Fort Collins, Colorado 80521, for a Site Specific Development Plan and Use by
Special Review Permit #1455 for Mineral Resource Development Facilities including sand 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#3714;being part of the
NE1/4 of Section 16, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Eric Reckentine 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:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect.
Section 22-5-80.B.1 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use will be
compatible with surrounding properties which include gravel operations to
the south and west, Lighthouse Cove Planned Unit Development(PUD)to
the north, and agricultural uses to the east. The applicant is proposing to
convey the material across Weld County Road 20.5 to Second Amended
USR-488(Cottonwood Pit)for processing. Use by Special Review-488 was
originally approved on October 20, 1983, and Second Amended USR-488
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was approved on September 19, 2001. Further, no prime farm land will be
taken out of production with this proposal.
b. Section 23-2-230.6.2--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 Mineral Resource Development Facilities, including sand and
gravel mining, in the (A)Agricultural Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses,including agricultural lands and other
gravel mining operations in the general area. The surrounding land uses are
primarily gravel operations with several rural residences in the area,including
the Lighthouse Cove PUD. There are twenty property owners within 500 feet
of the application.
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 Town
of Firestone did not respond to the referral, indicting no conflict with its
interests. The Town of Frederick, in its referral dated January 6, 2004, has
concerns with screening, preservation of existing trees on the site,
surrounding property owner's concerns,setbacks from Idaho Creek,and the
reclamation of the site.The City of Longmont,in its referral dated January 14,
2004, has concerns with the reclamation plan. In a referral dated
December22,2004,the City of Longmont indicated its concerns have been
addressed by the applicant. No response was received from the State of
Colorado Division of Wildlife. Approval of this use will not jeopardize the
health, safety and welfare of the surrounding property owners.
e. Section 23-2-230.B.5--The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as shown on the FIRM Community Panel Map
#080266-0850C,dated September 28, 1982. The Conditions of Approval and
Development Standards address the issue of the floodplain.
Section 22-5-80.E.2.d(CM.Policy5.4)states"the operation will comply with
the County flood hazard regulations...." Further, Section 22-5-80.B.1
promotes the reasonable and orderly development of mineral resources.
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 subject site has "Irrigated, Not Prime", and "Other Land", as
delineated on the Important Farmlands of Weld County map,dated 1979. A
majority of the property lies within the one-hundred-yearfloodplain that limits
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the agricultural productiveness of the site. Section 22-5-80A.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.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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Mineral Reserves, Inc., c/o Lafarge West, Inc.,for a Site
Specific Development Plan and Use by Special Review Permit #1455 for Mineral Resource
Development Facilities, including sand 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:
1. Prior to recording the plat:
A. The applicant shall address the concerns of the Weld County Sheriff's
Office, as outlined in the referral dated January 9, 2004. Evidence of
approval shall be submitted to the Department of Planning Services.
B. The applicant shall address the concerns of the Mountain View Fire
Protection District, as outlined in the referral dated December 18, 2003.
Evidence of approval shall be submitted to the Department of Planning
Services.
C. The applicant shall address the concerns of the Town of Frederick, as
outlined in the referral dated January6,2004. Evidence of approval shall be
submitted to the Department of Planning Services.
D. The applicant shall contact the State of Colorado, Division of Wildlife,
regarding any concerns it may have. Evidence of approval shall be
submitted to the Department of Planning Services.
E. The applicant shall provide written evidence that all issues involving "the
placement of dredge or fill material, and any excavation associated with a
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dredge orfill project, either temporary or permanent,in waters of the United
States which includes ephemeral,intermittent and perennial streams,lakes,
ponds or wetlands at the site..." have been addressed to the satisfaction of
the Department of the Army, Corps of Engineers. Evidence shall be
submitted to the Weld County Department of Planning Services for review
and approval.
F. 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, Colorado Department of Public Health and Environment, if
applicable. Evidence of approval shall be submitted to the Department of
Planning Services.
G. The applicant shall submit a Dust Abatement Plan for review,and approval,
to the Weld County Department of Public Health and Environment. Evidence
of approval shall be submitted to the Department of Planning Services.
H. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division (WQCD)of the Colorado
Department of Public Health and Environment for any proposed discharge
into State Waterways. Alternately,the applicant can provide evidence from
the WQCD that they are not subject to the requirements. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
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.
Any berm placed in the one-hundred-year floodplain cannot obstruct passage
of flood flows. The applicant shall use breaks in the berm with landscaping
to fill the void, culverts, or some other method that will allow water to flow
freely.
J. The applicant shall apply for, and be approved for, a Flood Hazard
Development Permit for any development that will increase or decrease the
base flood elevation in the floodplain, as delineated on FIRM Community
Panel Map#080266 0850 C,dated September 28, 1982. The applicant shall
obtain a Flood Hazard Development Permit for any new structures. No
stockpiling of material shall be allowed in the floodway.
K. The applicant shall provide the Department of Planning Services with a copy
of a Utility Right-of-Way Crossing Permit from the Department of Public
Works, prior to the installation of the conveyor system across Weld County
Road 20.5
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L. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1455.
2) The existing access to the site shall be utilized and shown on the
plat. No additional accesses shall be granted.
3) The location of any on-site signs.
4) The approved Landscape, Screen, and Berm Plan.
5) Weld County Road 20.5 is designated on the Weld County
Transportation Plan Map as a four-lane minor arterial road, which
requires 100 feet of right-of-way at full buildout. There is
presently 60 feet of right-of-way. A total of 50 feet from the centerline
of Weld County Road 20.5 shall be delineated as right-of-way on the
plat. This road is maintained by Weld County.
6) A 20-foot setback from the future right-of-way shall be delineated on
the plat for the setback requirement in the A (Agricultural) Zone
District.
7) 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 60
days of approval by the Board of County Commissioners.
2. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld
County Building Inspection Department.
B. The applicant shall apply for, and obtain approval for, a Flood Hazard
Development Permit for all construction in the floodplain.
3. Prior to operation:
A. The applicant shall provide evidence that all issues involving water rights,
including a Water Courtapproved plan for augmentation or substitute water
supply plan, has been approved by the State of Colorado, Division of Water
Resources. Evidence shall be submitted to the Weld County Department of
Planning Services for review and approval.
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4. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day
yoo�•`ber, A.D., 2006.
'/La%=OARDOFC'UNTYCOMMISSIONERS
gay
_IA,yA ELD CO '� Y, COLORADO
ATTEST: '
Weld .unty Clerk to the B.'� I �'�� J. e, Chair
(�
David E. Long, Pro-Tem
BY: Lr r 4 a at
Depu , lerk to t Board
William I-I. Jerke
APP S TO FO EXCUSED
Robert D. Masden
ounty A rney
Glenn Vaad �__
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MINERAL RESERVES, INC., C/O LAFARGE WEST, INC.
USR#1455
1. A Site Specific Development Plan and Use by Special Review Permit#1455 is for Mineral
Resource Development Facilities,including sand 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. No stockpiling of material shall be allowed in the floodway.
4. The site will utilize conveyors to move material from the site across Weld County Road 20.5
to the existing Cottonwood processing facility. There will be no direct hauling from this
location.
5. The site shall adhere to the existing Maintenance and Improvements Agreement associated
with the Cottonwood Pit, Second Amended USR-488 (M-1988-042).
6. 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.
7. No staging or parking of vehicles is allowed on Weld County Road 20.5
8. 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.
9. Adequate hand washing and toilet facilities shall be provided for employees.
10. Portable toilets may be utilized on the sites that are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
11. Bottled water shall be utilized for drinking.
12. 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.
13. 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.
14. 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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15. The 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.
16. The applicant shall remove, handle, and stockpile overburden,soil,sand,and gravel from
the facility area in a manner that will prevent nuisance conditions.
17. Any required Stormwater Discharge Permit shall be maintained in compliance with the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
18. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
20. The operation shall comply with the Mine Safety and Health Act (MSHA).
21. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency, including a Letter of Map Revision, if determined to be
applicable.
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. The applicant shall be responsible for keeping the crossing area of the conveyor system free
of gravel, spillage, vandalism, etcetera.
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28. 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.
29. 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 at this site, the Department of the Army, Corp 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.
30. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
31. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
32. Proper building permits shall be obtained prior to any construction,demolition,or excavation.
Part of the permit application process includes a complete plan review.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
37. Personnel from the Weld County Government 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.
38. 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.
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39. 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.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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