HomeMy WebLinkAbout20020667.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1360 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING A CONCRETE BATCH PLANT IN THE A (AGRICULTURAL) ZONE
DISTRICT -WESTERN MOBILE, 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 17th day
of April, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Mobile, Inc., 1400 West 64th Avenue, Denver, Colorado
80221, for a Site Specific Development Plan and Use by Special Review Permit#1360 for a
Mineral Resource Development Facility, including a Concrete Batch Plant in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the E1/2 of the NE1/4 of the NE1/4 of
Section 9, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Michael Hart, Hart Environmental, 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 recommendations 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."
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.4 of the Weld County
Code provides for concrete batch plants as a Use by Special Review in
the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT #1360 -WESTERN MOBILE, INC.
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c. Section 23-2-230.6.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. Western Mobile has
an existing gravel mine operation to the west and north of the site
permitted by Amended Use by Special Review Permit #1199. Property to
the east has not been developed. To the south is an existing home.
Northeast of the site are two commercial businesses. Approval of this
use will not jeopardize the health, safety and welfare of the surrounding
property owners.
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 subject parcel is located within the three-mile
referral area of the City of Longmont and the Towns of Firestone and
Frederick. The Town of Frederick and the City of Longmont indicated no
conflicts with their interests. The Town of Firestone did not respond to the
referral request.
e. Section 23-2-230.B.5 —The application complies with Section 23-5-230 of
the Weld County Code. The entire site is located within the Flood Hazard
Overlay District area as shown on FEMA Panel Map #080266 0850C.
The Conditions of Approval and Development Standards address the
issue of the floodplain. Section 22-5-80.E.2.d, (CM.Policy 5.4) of the
Comprehensive Plan states, "the operation will comply with County flood
hazard regulations." Approval of a Flood Hazard Development Permit is
required prior to construction on the site. Effective December 1, 1999,
Building Permits issued on the Lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program Area 1.
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 parcel is designated as "Irrigated Land (Not Prime)."
None of the subject parcel is identified as "Prime" agricultural land. All of
the property is located within the 100 Year Flood Plain, thus it limits the
agricultural productiveness of the site.
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 protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Mobile, Inc. for a Site Specific
Development Plan and Use by Special Review Permit#1360 for a Mineral Resource
Development Facility, including a Concrete Batch Plant in the A (Agricultural) Zone District on
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the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. 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 recording the plat:
A. The plat shall be amended to delineate the following:
1) Weld County Road 7 is designated on the 1-25 Mixed Use
Development Area Structural Plan as an arterial, four-lane road
with a painted medium with secondary road, which requires 100
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 7 shall be delineated on the plat as right-of-way. An
additional 20 feet shall be delineated as right-of-way reservation
for future expansion of Weld County Road 7.
2) The applicant indicated that the storm water drainage will be
contained on site. The plant will be sloped from the east to the
west to drain into the storage reservoir on the west side of the
site. Any discharge points shall be indicated on the plat.
3) The plat shall indicate one access from Weld County Road 7.
Evidence that the Weld County Department of Public Works has
approved the access location shall be submitted to the
Department of Planning Services.
4) Any sign located on the site shall meet the requirements of
Section 26-2-90 and Article IV, Division 2, of the Weld County
Code and be indicated on the plat.
B. The applicant shall submit an entrance analysis and recommendations
for turning lanes at the access to Weld County Road 7. Evidence of
Weld County Department of Public Works approval shall be submitted to
the Department of Planning Services.
C. The applicant shall enter into a new Long-Term Maintenance and
Improvements Agreement with the Weld County Department of Public
Works. The Agreement shall cover the following issues:
1) The designated haul route.
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2) Improvements for the acceleration/deceleration or left turn slot at
the entrance, if warranted.
3) The applicant will finance the full cost of signalizing the
intersection of Weld County Road 7 and State Highway 119 and
that further, the applicant shall be reimbursed for the cost over a
period of time to be agreed upon, less $100,000.
4) If the signalization referred to in Condition of#2.C.3 does not
occur, the construction of a 550-foot acceleration lane with a 160-
foot taper (13:5:1 taper ratio) west of the State Highway 119/Weld
County Road 7 intersection to facilitate the northbound left-turn
movement, appropriate for heavy vehicles leaving the site.
5) The extension of the existing 150-foot acceleration lane east of
the intersection to 550 feet with a 160-foot taper (13:5:1 taper
radius) to facilitate the northbound right turn movement.
D. In the event that the proposed maintenance/garage facility is equipped
with a floor drain system, the applicant must apply for an Underground
Injection Control (UIC) Class V Injection Well permit through the
Environmental Protection Agency (EPA), or provide evidence that the
applicant is not subject to the EPA Class V requirements. Evidence of
Weld County Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services.
E. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application to the Air Pollution Control Division of the Colorado
Department of Health and Environment for emissions of criteria, and
hazardous or odorous air pollutants. Evidence of Weld County
Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
F. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval prior to operation. Evidence that the Weld
County Department of Public Health and Environment has received the
Dust Abatement Plan shall be submitted to the Department of Planning
Services.
G. If applicable, a Colorado Permit Discharge System (CPDS) shall be
obtained from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into State Waterways. Evidence that the applicant has met this
requirement to the satisfaction of the Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
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H. The applicant shall provide evidence 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
Weld County Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services.
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. Evidence of Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services. The plan shall include, at a minimum, the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
J. The applicant shall obtain a Flood Hazard Development Permit for
structures within the 100 Year Flood Plain.
K. The applicant shall attempt to address the requirements and concerns of
the Mountain View Fire Protection District, as stated in the referral
response dated October 10, 2001. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
L. The applicant shall receive approval from the Weld County Department of
Planning Services to remove the proposed site from the boundary of
Amended Use by Special Review Permit#1199, in accordance with
Section 23-2-200.G of the Weld County Code.
M. The applicant shall submit, for approval, a revised Landscape Plan. The
revised plan shall include berming and tree varieties that will more
adequately screen the adjacent properties and road rights-of-way.
3. Prior to construction:
A. Building permits shall be obtained from the Weld County Department of
Building Inspection.
4. Prior to operation:
A. The off-street parking spaces for trucks and equipment shall be surfaced
with gravel, asphalt, concrete, or equivalent and shall be graded and
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drained to prevent drainage problems. The approach road and
circulation pattern shall be asphalt or concrete.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, Co LO' • 'O
jai
ATTEST: �'- /
Gle iaad, Chair —
Weld County Clerk to th j o 05,
%sb, - : , 3N
d ` David E. L.'g, Pro-Ter
BY:
e-
Deputy Clerk to the �'.Z J
Zi NI M. J. ceil-
ED ASTOF % /77,t--,.1
'lli H. Jerke\\\\L
unty At n &.
R bert D. Masden
Date of signature: 5/7
2002-0667
PL1594
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN MOBILE, INC.
USR#1360
1. The Site Specific Development Plan and Use by Special Review Permit #1360 is for a
Mineral Resource Development Facility, including a Concrete Batch Plant in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to
the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The facility shall operate in accordance with the approved Dust Abatement Plan. The
facility shall have sufficient equipment available to implement appropriate dust control.
Additional control measures shall be implemented as required by the Weld County Health
Officer.
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
9. The facility shall utilize the existing municipal sewage treatment system(St.Vrain Sanitation
District).
10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
11. The facility shall utilize the existing public water supply (Left Hand Water District).
12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
14. Adequate hand washing and toilet facilities shall be provided for employees.
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15. The operation shall comply with the Occupational Safety and Health Act (OSHA).
16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
17. Effective December 1, 1999, Building Permits issued on the Lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 1.
18. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
19. A plan review through the Weld County Department of Building Inspection will be required
for each building. Two complete sets of plans are required when applying for the building
permit.
20. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999
NEC, and Chapter 29 of the Weld County Code.
21. Each building 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.
22. Use by Special Review Permit#1360 will be considered invalid fifteen (15) years from the
date of the Board of County Commissioners resolution. Should the owners of the Batch
Plant wish to continue operating, they must be approved for a Planned Unit Development.
23. The applicant shall obtain a Department of Army, 404 Clean Water Act Permit, if any work
associated with this project requires the placement of dredged 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, ponds or
wetlands takes place at this location.
24. The hours of operation shall be from 5:00 a.m. to 7:00 p.m., except in the case of public or
private emergency, or to make necessary repairs to equipment. This restriction shall not
apply to operation of administrative and executive offices or repair facilities located on the
property.
25. Variance from the hours of operation may be granted by the Weld County Board of County
Commissioners.
26. 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.
27. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive dust,
and the growth of noxious weeds. The site shall be maintained in such a manner as to
present a neat and well-kept appearance.
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28. Trees and ground cover along public road frontage and drainage ways shall be planted and
maintained in order to protect against and/or reduce noise, dust, and erosion.
29. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be
necessary to preserve a reasonably neat appearance and to prevent seeding on adjacent
property.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
33. 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.
34. 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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