HomeMy WebLinkAbout20020754.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1367 FOR OPEN PIT MINING AND MATERIALS PROCESSING
(EXTRACTION OF SAND AND SOIL) A USE BY RIGHT IN THE 1-3 (INDUSTRIAL)
ZONE DISTRICT (MANUFACTURING OF SOIL PRODUCTS) IN THE A
(AGRICULTURAL) ZONE DISTRICT - ROBERT OMAN/SELECT MATERIALS
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 Robert Oman/Select Materials, P.O. Box 280, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1367 for Open
Pit Mining and Materials Processing (extraction of sand and soil) a Use by Right in the 1-3
(Industrial) Zone District (manufacturing of soil products) in the A (Agricultural) Zone District on
the following described real estate, to-wit:
Part of the SE1/4 SW1/4 of Section 1, Township 1
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, 2412 Denby Court, Fort Collins, Colorado 80526, 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 23-2-230.6 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. Section
22-2-60.E.1 (A.Goal 5) states, "The extraction of mineral and oil and gas
resources should preserve or minimize the impact on prime agricultural
land." The majority of this parcel is designated as "Other" land according
to the 1979 USDA Important Farmlands of Weld County Colorado Map.
There is an existing Open Cut Mine/Borrow Pit (extraction of sand and
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SPECIAL REVIEW PERMIT#1367 - ROBERT OMAN/SELECT MATERIALS
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soil) on this parcel originally permitted under Special Use Permit#460
and Amended Special Use Permit#460.
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.6 of the Weld County
Code provides for mining as a Use by Special Review in the A
(Agricultural) Zone District, and Section 23-3-40.R of the Weld County
Code provides for any use permitted as a Use by Right (manufacturing of
soil products) in the Commercial or Industrial Zone Districts as a Use by
Special Review 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 proposed use is
to allow for manufacturing of soil products in addition to the existing sand
mining operation on the site. This site is located adjacent to a single
family residence and is one-quarter mile from the Buffalo Ridge
Subdivision to the south. There is an existing mobile home immediately
west of the site along with the Boss Composting Facility, permitted by
Use by Special Review Permit #1190, and a truck storage operation,
permitted by Use by Special Review Permit#1332, located one-quarter
mile west of this site. Lands to the immediate north and east consist of
nonproductive land and flood plain. Several residents of the Buffalo
Ridge Subdivision have signed a petition in opposition to the proposal
due to traffic concerns, road impacts and other issues. The applicants
have indicated that this application would increase truck trips from 10
round trips to 12 round trips for the tandem dump trucks, as well as
increase tractor trailer trips from 20 round trips to 24 round trips. This is
a minimal increase above the existing sand mining operation. The
Conditions of Approval and Development Standards will ensure that the
proposed uses will be compatible with the existing surrounding land uses.
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 proposed use is located within the three-mile
referral area of the City of Fort Lupton. The City of Fort Lupton indicated
no conflict with its interests in a referral received January 31, 2002.
e. Section 23-2-230.6.5 -- The site does not lie 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 proposed use is located on land designated as
"Other" and "Prime if Irrigated" according to the 1979 U.S.D.A. Important
Farmlands of Weld County Colorado Map. The majority of the parcel is
designated as "Other."
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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 adequate provisions for the 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 Robert Oman/Select Materials for a Site Specific
Development Plan and Use by Special Review Permit#1367 for Open Pit Mining and Materials
Processing (extraction of sand and soil) a Use by Right in the 1-3 (Industrial) Zone District
(manufacturing of soil products) in the A (Agricultural) Zone District on 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 30 days of approval by the Board of County
Commissioners.
2. The applicant shall vacate Special Use Permit#460 and Amended Special Use
Permit#460.
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Indicate the name and location of the Buffalo Ridge subdivision on
the vicinity map.
2) A traffic circulation and parking plan for the office facility showing
parking space locations and sizes shall be indicated on the plot
plan.
3) Location, amount, size, and type of any proposed landscaping or
other screening shall be indicated on the plat. Screening along
the southern boundary of the parcel shall be addressed and be
submitted to the Department of Planning Services for review and
approval prior to recording the plat.
B. The applicant shall either submit to the Weld County Department of
Planning Services a copy of an agreement with the property's mineral
owners stipulating that the oil and gas activities have adequately been
incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owners.
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C. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. Evidence of approval shall be submitted to the Weld
County 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,
including 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.
D. The applicant shall 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, or hazardous or odorous air pollutants. The site shall operate in
accordance with all applicable rules and regulations of the Air Pollution
Control Division. Evidence of submittal shall be provided to the
Department of Planning Services.
E. If applicable, a NPDES Permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Health for any proposed
discharge into State waterways. Evidence of written approval shall be
submitted to the Weld County Department of Planning Services.
F. An individual sewage disposal system is required for the proposed office
and proposed residence and shall be installed according to the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations. The
proposed office septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County I.S.D.S.
Regulations. The proposed residence may be required to be designed by
a Colorado Registered Professional Engineer. Evidence of approval from
the Weld County Department of Public Health and Environment shall be
provided to the Department of Planning Services.
G. The applicant shall submit a Short-Term Improvements Agreement for
the Upgrade and Paving of approximately one-quarter of a mile of Weld
County Road 12, east of Weld County Road 35, to the scale house and
office area. A typical pavement section should reflect a minimum width of
24 feet of asphalt and base combination, four-foot gravel shoulders, and
an adequate turning radius in the northeast corner of Weld County
Roads 12 and 35. The depth of asphalt and base will be determined
through a soil investigation and approved by the Weld County
Department of Public Works. The Board of County Commissioners shall
review and approve the Improvements Agreement According to Policy
Regarding Collateral for Improvements (Public Road Maintenance), and
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accept the form of collateral. The security for the agreement shall be
tendered and accepted by the Board of County Commissioners.
H. The applicant shall submit a Long-Term Road Maintenance
Improvements Agreement for the designated haul route. The designated
haul route shall be Weld County Road 12 from the entrance of the facility
west to Weld County Road 35, then north to State Highway 52 and
disburse either east or west at this location.
The applicant shall submit a Storm Water Drainage Report to the
Department of Public Works. Refer to Section 24-7-20, Storm Drainage
Requirements under Subdivision Design Standards in the Weld County
Code. Evidence of Public Works approval shall be submitted to the
Department of Planning Services.
J. The applicant shall attempt to address the recommendations or concerns
of the Colorado Geological Survey as stated in the referral received
January 25, 2002.
K. The operator shall furnish written evidence he is insured to the extent of
not less than one hundred thousand dollars ($100,000.00) against liability
for any negligent act or omission by the operator from the operation,
maintenance, extraction, and/or production of the sand and shall include
all activities, connected with or incidental thereto.
L. The applicant shall submit a Technical Review Application to the Division
of Minerals and Geology. Evidence of approval by the Division of
Minerals and Geology shall be submitted to the Department of Planning
Services.
M. The applicant will obtain an agreement with the adjacent land owner, Mr.
Chuck Buscha, with regard to the existing historical access and
maintaining the access until final decision of the Court litigation process.
The agreement should address allowing the applicant to use the existing
access in the event the access off of Weld County Road 12 is denied
through a court order.
N. In accordance with the Above Ground Storage Tank Regulations (7 CR
1101-14), the applicant shall submit an above ground storage tank permit
application to the State Inspector of Oils, and provide to the Weld County
Department of Public Health and Environment evidence of registration
and compliance with the Above Ground Storage Tank Regulations.
4. Upon completion of Conditions #1 and #2 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 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 sixty
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SPECIAL REVIEW PERMIT#1367 - ROBERT OMAN/SELECT MATERIALS
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(60) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
5. Prior to release of building permits:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in the referral received
January 23, 2002.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST: �� ��I� // _ �� �Q
1851 I,-.�. Glu Vaad, Chair'A
Weld County Clerk to tr B.: �O,�
1 i David E /ong, Pro-Tem ,
Deputy Clerk to the Board �""� AC.. •
M. J. Geile
AP AS TO F. RM: EXCUSED
lliam H. Jerke
�ttorn yy j
obert D. Masde�
Date of signature: d/4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT OMAN/SELECT MATERIALS
USR#1367
1. The Site Specific Development Plan and Use by Special Review Permit#1367 is for Open
Pit Mining and Materials Processing (extraction of sand and soil), a Use by Right in the 1-3
(Industrial) Zone District (manufacturing of soil products), as a Use by Special Review 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. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties.
4. The facility shall be limited to a total of no more than 36 round trip truck trips per day.
5. An individual sewage disposal system is required for the proposed office and proposed
residence and shall be installed according to the Weld County I.S.D.S. Regulations. The
proposed office septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S. Regulations. The proposed
residence may be required to be designed by a Colorado Registered Professional Engineer.
6. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14), a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed, provided they comply with the Above
Ground Storage Tank Regulations.
7. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. 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.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
'11. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in Section 25-12-103, C.R.S.
12. Adequate toilet and hand washing facilities shall be provided for employees and the public.
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13. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
14. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement dust control as required by the Weld
County Department of Public Health and Environment.
15. Any required emissions permit shall be obtained from the Air Pollution Control Division of
the Colorado Department of Public Health and Environment for fugitive dust and odors.
16. The Use by Special Review Permit shall be maintained in such a manner so as to prevent
soil erosion,fugitive dust and growth of noxious weeds.The site shall be maintained in such
a manner as to present a neat and well-kept appearance.
17. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
18. The operation shall comply with the Occupational Safety and Health Act (OSHA).
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
21. As stated in Section 23-4-290.A of the Weld County Code, no excavation or processing of
materials shall be permitted nearer than ten (10) feet of the adjacent property boundary,
easement, irrigation ditch, or right-of-way, nor nearer than 125 feet to any existing
residence, unless by written agreement, the owner or owners of such adjacent property
consent to a lesser distance and the Planning Commission approves such lesser distance.
22. All operations shall be conducted during the hours of 7:00 a.m. to 6:00 p.m., or dark,
whichever comes first, except in cases of public or private emergency, or to make
necessary repairs to equipment. This restriction shall not apply to the operation of
administrative and executive offices or repair facilities if located on the property.
23. 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.
24. No stockpiling shall be allowed on the Use by Special Review Permit area which would
cause damage to adjacent properties or County road right-of-way by altering the historic
drainage pattern.
25. The operator shall furnish written evidence he is insured to the extent of not less than one
hundred thousand dollars ($100,000.00) against liability for any negligent act or omission
by the operator from the operation, maintenance, extraction and/or production of the sand,
and shall include all activities, connected with or incidental thereto.
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26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 , Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 and Section 23-2-290, Weld County Code.
28. All phases of the operation shall comply with all applicable County, State and Federal
Health standards and regulations and other applicable rules and regulations of
governmental bodies having jurisdiction on the premises.
29. 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.
30. 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.
31. Any used oil that will be burned on-site for heating shall be stored and burned in
accordance with the Hazardous Materials Regulations (6 CR 1007-3), standards for used
oil generators.
32. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling.
33. 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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