HomeMy WebLinkAbout20021711.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray that the following resolution, with the addition of Condition of Approval O, be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
Planner: Robert Anderson
Case#: USR-1347
Applicant: Aggregate Industries
Kurtz Ranch Sand &Gravel Mine
c/o Banks and Gesso
720 Kipling Street, Suite 117
Lakewood, CO 80215
Request: A Site Specific Development Plan and a Special Review Permit for an Open Pit Gravel
Mining Operation, Concrete and Asphalt Batch Plant, in the A(Agricultural)Zone District.
Legal: Part of the West Half of Section 21 and part of the Southeast Quarter of the Southeast
Quarter of Section 20, Township 3 North, Range 67 West of the 6th Prime Meridian, Weld
County, Colorado
Location: North and adjacent to State Highway 66, approximately 0.6 miles West of Weld County
Road 19
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 23, Article
II, Division 4, Section 23-2-220 and Article IV, Division 4 of the Weld County Code.
2. It is the opinion of the Planning Commission staff that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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
Concrete and Asphalt Batch Plant will allow for the processing of extracted mineral
resources. Section 22-5-80.D.2.e (CM. Policy 4.5) requires "that batch plants and
processing equipment be buffered from adjacent uses." The applicant shall install berms,
fencing and landscaping along adjacent public rights-of-way of the site to provide buffering
from existing uses and adjacent
property owners.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.A.of the Weld County Code designates Open Pit Mining and
Materials Processing as well as Asphalt and Concrete Batch Plants as a Use by Special
Review in the A (Agricultural) Zone District in accordance with Article II, Division 4 of the
Weld County Code.
_. EXHIBIT 2002-1711
VSI°.+1341
RESOLUTION, USR-1347
Aggregate Industries
Page 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The applicants shall screen the facility with a six foot berm
with landscaping and a four foot high opaque fence parallel to State Highway 66 around the
Batch Plant area, Mining operations and Trail system. Surrounding property uses include
to the south;Varra Sand and Gravel and a Dairy, to the north and east; an Onion/Potato
processing facility, Ivy Crest Subdivision, Feedlot and Turkey Farm, and to the west
predominantly agricultural operations and associated rural residential.The site lies adjacent
to the northern boundary of the Southwest Weld Road Impact Fee Area.
D. Section 23-2-220.A.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, as well as the adopted Master Plans of affected
municipalities. The proposed use is located within the three-mile referral area of the Town
of Mead. The referral response from the Town of Mead indicated "no conflict with the
proposed use".
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V of the Weld
County Code.Section 22-5-80.E.1.d (CM. Policy 5.4)states"The operation should comply
with County flood hazard and geological hazard regulations."The proposed use lies within
a designated Flood Hazard Area as delineated on FIRM Panel Map #080855C, dated
September 28, 1982. Development of the site will require a Flood Hazard Development
Permit.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. Section 22-2-60(A. Goal
1) of the Weld County Code states "Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." The site is identified
primarily as"Other"land by the USDA"Farmlands of National Importance"Map dated 1979.
G. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the Neighborhood and County.
H. Chapter 23, Article IV, Division 4 —Additional requirements for Open Mining and Batch
Plant Operations have been addressed through this application and the Development
Standards will ensure compliance with the provisions of Article IV, Division 4 of the Weld
County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
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. (Dept. of
Planning Services)
RESOLUTION, USR-1347
Aggregate Industries
Page 3
2. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant has submitted a Traffic Study to the Weld County Department of Public
Works for review and approval. The Department of Public Works in their referrals dated
April 6 and April 13, 2001 requested several changes and require resubmission of the
Traffic Study. Evidence of Public Works approval shall be submitted to the Weld County
Department of Planning Services. (Dept. of Planning Services)
B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
State Highways. The applicant shall contact CDOT to verify the access permit or for any
additional requirements that may be needed to obtain or upgrade an access permit the site.
Evidence of such approval or access permit shall be submitted to the Weld County
Department of Planning Services. (Dept. of Public Works, Dept. of Planning Services)
•
C. The applicant shall submit to the Weld County Department of Planning Services a copy of
an agreement with the site's mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that adequate
attempts have been made to mitigate the concerns of the mineral owners. (Dept. of
Planning Services)
3. Prior to recording the Plat :
A. The applicant shall attempt to address the requirements and concerns(wetland mitigation
and preservation,proposed extraction schedule,reclamation, ground water monitoring and
endangered species identification) of the Colorado Division of Wildlife, as stated in the
referral response received July 11,2001. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Dept.of Planning Services,Colorado
Division of Wildlife)
B. The applicant shall apply for and receive, a Flood Hazard Development Permit for any
development that will increase or decrease the base flood elevation in the flood plain as
delineated on FIRM Community Panel Map#080855C, dated September 28, 1982. The
applicant shall obtain a Flood Hazard Development Permit for any new structures
including parking areas. (Dept. of Planning Services)
C. The applicant has indicated that the storm water drainage will be directed to a detention
pond for sedimentation prior to discharge. All discharge points,and the appropriate routing
to the St Vrain River shall be delineated on the plat and permitted by the State of Colorado.
If applicable, this portion of the permit falls under the jurisdiction of the State of Colorado
as it discharges into waters of the United States. (Dept. of Public Works)
D. The applicant shall enter into an Improvements Agreement for the upgrade, paving and/or
maintenance of Weld County Roads which are associated with the pit and any additional
intersection improvements associated with the heavy hauling indicated in the revised Traffic
Study. (Dept. of Public Works)
E. The applicant shall submit a Landscape and Buffer Plan to the Weld County Department
of Planning Services for review and approval.The Plan shall address buffering the impact
of the proposed use to adjacent property owners and public rights of way. (Dept. of
Planning Services)
RESOLUTION, USR-1347
Aggregate Industries
Page 4
F. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application to the Air Pollution Control Division,Colorado Department of Health and
Environment for emissions of criteria, hazardous or odorous air pollutants. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Dept of Public Health & Environment)
G. The applicant shall submit a Dust Abatement Plan to the Environmental Health Services,
Weld County Department of Public Health & Environment, for review and approval.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Dept of Public Health & Environment)
H. An individual sewage disposal system is required for the proposed aggregate processing
plant, asphalt plant and the concrete plant and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations. The installation of the septic system shall comply
with the Weld County I.S.D.S. flood plain policy. (Dept of Public Health & Environment)
If applicable, a CPDS Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health for any proposed discharge into State
Waterways. (Dept of Public Health & Environment)
J. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. 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). (Dept of Public Health &
Environment)
K. The applicant shall provide evidence to the Department of Planning Services and
Public Health and Environment that the facility has an adequate water supply. ( i . e .
commercial well, community system, etc.) (Dept of Public Health & Environment)
L. The applicant shall submit a letter from the United States Department of the Interior, Fish
and Wildlife Services indicating if surveys will be required concerning protected or
endangered species (i.e. Preble's Jumping Mouse and Ute Ladies' Tresses Orchid). If a
survey is required, the survey will be conducted and the results submitted to the
appropriate agencies and the Department of Planning Services. Should protected or
endangered species be located on the site, the applicant shall incorporate mitigation
techniques approved by the U.S. Department of the Interior, Fish and Wildlife Services.
(Dept. of Planning Services, Colorado Division of Wildlife)
RESOLUTION, USR-1347
Aggregate Industries
Page 5
M. The applicant shall provide written evidence of the Division of Water Resources approval
of the Water Supply Plan for this site. (Dept. of Planning Services, Colorado Office of the
State Engineer, Division of Water Resources)
N. The applicant shall attempt to address the requirements of the Platteville Fire Protection
District. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services.Site drawings shall be submitted to the Platteville Fire Protection District
for review. (Platteville Fire Protection District, Dept. of Building Inspection)
O. The applicant shall provide a professional hydrological study to address mitigation of
negative effects to ground-water users of the area. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services and Department of Public
Health and Environment.
4. Prior to Commencing Operations:
A. The upgrade and paving and any additional intersection improvements associated with the
heavy hauling that may be identified in the traffic study shall be completed and approved
by the Department of Public Works. (Dept. of Public Works)
B. The off street parking spaces at the main office parking lot including the access drive shall
be surfaced with asphalt, concrete, or equivalent and shall be graded to prevent drainage
problems. (Dept. of Public Works)
C. Proper building permits shall be obtained in accordance with the referral response from the
Weld County Building Inspection Department dated 07/06/01, prior to any construction,
demolition, or excavation. Part of the permit application process includes a complete plan
review. (Dept. of Building Inspection)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Dept. of Planning Services)
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
RESOLUTION, USR-1347
Aggregate Industries
Page 6
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 7 , 2001.
Dated the of 7th of August, 2001.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kurtz Ranch Sand and Gravel
USR-1347
1. A Site Specific Development Plan and Special Use Permit for an Open Pit Gravel Mining Operation
and Concrete Batch Plant, in the A (Agricultural) Zone District as indicated in the application
materials on file with the Department of Planning Services and subject to the Development
Standards stated herein. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Dept. of Planning Services)
3. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms,or stockpiles shall be placed in the one hundred(100)year flood plain of the
St Vrain River which would obstruct passage of flood flows. (Dept. of Planning Services)
b. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to
avoid creation of a health hazard. Following completion of mining, all temporary buildings
shall be removed.
4. 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. (Dept. of
Planning Services)
5. The facility shall operate in accordance with the approved dust control 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.
(Dept. of Public Health and Environment)
6. In the event the facility utilizes the existing structures on the property for commercial purposes, the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the systems ability to handle
the proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. If the system is found
to be inadequately sized or constructed, the system must be brought into compliance with current
Regulations. (Dept. of Public Health and Environment)
7. The facility shall provide an adequate water supply for drinking and sanitary purposes. (i.e.
Commercial well, community system, etc.) (Dept. of Public Health and Environment)
8. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5,C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Dept. of Public Health and Environment)
9. 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.
(Dept. of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.. (Dept. of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris,and other potential nuisance conditions. (Dept.of Public Health and Environment)
12. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 C.R.S.. (Dept. of Public Health and Environment)
14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Dept. of Public Health
and Environment)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology. (Dept. of Public Health and Environment)
17. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to
avoid creation of a health hazard. (Dept. of Public Health and Environment)
18. Adequate hand-washing and toilet facilities shall be provided for employees and the public.
(Dept. of Public Health and Environment)
19. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of Public
Health and Environment)
20. The operation shall comply with the Mine Safety and Health Act(MSHA).(Dept.of Public Health and
Environment)
21. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etc. for up to six months at each location. (Dept. of Public Health
and Environment)
22. Any berm placed in the one hundred (100)year flood plain of the St Vrain River 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. (Dept. of Planning Services)
23. "No Trespassing"signs shall be posted and maintained on the perimeterfence to clearly identify the
boundaries of the site. (Dept. of Planning Services)
24. 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. (Dept. of Planning Services)
25. The off street parking spaces at the main office parking lot including the access drive shall be
surfaced with asphalt, concrete, or equivalent and shall be graded to prevent drainage problems.
(Dept. Of Public Works)
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26. 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. This restriction shall not apply to operation of administrative and
executive offices or repair facilities located on the property. Hours of operation may be extended
with specific permission from the Weld County Board of County Commissioners.(Dept.of Planning
Services)
27. 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. (Dept. of Planning Services)
28. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Dept. of Planning Services)
29. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Dept. of Public Works)
30. 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. (U.S.Army Corp of Engineers)
31. The sand and gravel operation shall comply with operation policies identified in Section 23-4-290
of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
34. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
35. The 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.
36. 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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