HomeMy WebLinkAbout20021053.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE
BY SPECIAL REVIEW PERMIT#1125 FOR AN OPEN-CUT GRAVEL MINING
OPERATION, ASPHALT AND CONCRETE BATCH PLANTS, AND A RECYCLING
PLANT ALONG WITH A USE PERMITTED BY RIGHT, ACCESSORY USE, OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STOCKPILING AND RETAIL SALE OF LANDSCAPING MATERIALS) IN THE A
(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CORPORATION
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 24th 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 Hall-Irwin Corporation, 3026 4th Avenue, P.O. Box 2150, Greeley,
Colorado 80632, for a Site Specific Development Plan and Second Amended Use by Special
Review Permit#1125 for an open-cut gravel mining operation, asphalt and concrete batch
plants, and a recycling plant along with a Use Permitted by Right, Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts (stockpiling and retail sale of
landscaping materials) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
E1/2SW 1/4 and part of the SE1/4 of Section 30,
Township 6 North, Range 66 West, and part of the
NE1/4NW1/4 and part of the NE1/4 of Section 31,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Julie Chester 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.B.1 —The proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources."
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SECOND AMENDED SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CORPORATION
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b. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-40.A of the Weld County
Code provides for mineral resource development facilities (Open Cut
Gravel Mining and Asphalt and Concrete Batch Plants and Concrete
Recycling Plant) and Section 13-3-40.R provides for Uses Permitted by
Right, Accessory Use, or as a Use by Special Review in the Commercial
or Industrial Zone Districts (stockpiling and retail sale of landscaping
materials) as a Use by Special Review in the A (Agricultural) Zone
District.
c. Section 23-2-230.B.3 —The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include pasture and
cultivated fields to the north, east, and west, and the Cache la Poudre
River to the south. There is an existing residence located to the north of
the batch plant and proposed landscape material stockpile and sales
area. This residence is already screened from the site by existing trees.
The landscape stockpile and retail sales area is adjacent to the existing
batch plant and truck circulation area for Hall-Irwin as permitted under
USR#1125, approved November 6, 1996, and Amended USR#1125,
approved December 27, 2000.
d. 23-2-230.B.4 -- The proposed use will be compatible with future
development of the surrounding area as permitted by the existing zoning
and with the future development as projected by the Comprehensive Plan
or Master Plans of affected municipalities. The City of Greeley, in the
referral received March 21, 2002, indicated no objection to this proposal.
The City of Greeley recommended that the site be developed in
compliance with the City of Greeley requirements regarding outdoor
storage, screening, and parking. The City of Windsor, in the referral
received March 22, 2002, indicated that the Windsor Planning
Commission forwarded a recommendation of approval provided all
requirements of the Windsor-Severance Fire Protection District are
addressed.
e. 23-2-230.B.5—The proposed landscaping materials storage and retail
sales area will be located within the Flood Hazard Overlay District area,
as shown on FIRM Panel Map 080266-0608D, dated September 28,
1982. The Conditions of Approval and Development Standards address
the issue of the floodplain. A Flood Hazard Development Permit will be
required and is a Condition of Approval for this application.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land. The landscape materials and retail
sales area is designated as "Irrigated Land (Not Prime)."
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
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SECOND AMENDED SPECIAL REVIEW PERMIT #1125 - HALL-IRWIN CORPORATION
PAGE 3
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
h. Chapter 23, Division 4 —Additional requirements for open mining have
been addressed through this application, and the Development
Standards will ensure compliance with Chapter 23, Division 4, of the
Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hall-Irwin Corporation for a Site Specific
Development Plan and Second Amended Use by Special Review Permit #1125 for an open-cut
gravel mining operation, asphalt and concrete batch plants, and a recycling plant along with a
Use Permitted by Right, Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (stockpiling and retail sale of landscaping materials) 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 plat shall be labeled Second Amended USR-1125.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) A detailed site map of the stockpile, parking and circulation area
for the landscape stockpile and retail sales area.
3) Screening and berming of the retail landscape sales area and
batch plant from 83rd Avenue (Weld County Road 27). The
applicant shall provide a berm or other acceptable method of
screening. Any berm placed in the One Hundred Year Flood Plain
of the Cache la Poudre River cannot obstruct passage of flood
flows. The applicant shall use breaks in the berm, with
landscaping to fill the void, culverts, or another method shall be
utilized to allow water to flow freely.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
D. The applicant shall apply, and receive approval, for a Flood Hazard
Development Permit from the Department of Planning Services
E. The applicant shall attempt to address the recommendations of the City
of Greeley as stated in the referral received March 21, 2002.
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SECOND AMENDED SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CORPORATION
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F. The applicant shall attempt to address the requirements of the Windsor-
Severance Fire Protection District as stated in the referral received
March 5, 2002.
G. The applicant shall attempt to address the recommendations of the Weld
County Sheriffs Office as stated in the referral received March 15, 2002.
H. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for transportation and non-transportation requirements. The
Improvements Agreement shall address landscaping and berming along
83rd Avenue (Weld County Road 27) and parking improvements. The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the
plat.
2. Upon completion of Condition #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 respectively requests the surveyor provide
a digital copy of this Recorded Exemption/Subdivision Exemption/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(aco.weld.co.us.
us.
4. Prior to Release of Building Permit:
A. The septic system serving the scale house and office shall be reviewed
by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the
system's 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. In the event the
system is found to be inadequately sized or constructed. the system shall
be brought into compliance with current regulations. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
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5. Prior to Construction:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in the referrals received
March 15, 2002, and April 8, 2002.
6. 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.
7. The existing landscape office trailer shall be removed no more than one week
after the final Certificate of Occupancy is granted for the new office building.
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
WEL COUNTY, C ORADO
ATTEST: gay ��� �, Eta\ G n aad, Chair
Weld County Clerk to t i�•= �J=�
Cw
BY:
David E. g, Pro-
Deputy Clerk to the
��►� M. J. Gene
APPROV AS M: �') i/
41641—.
Willi H. Jerke
�.
ounty Attor ey
Robert D. Masden
Date of signature:
2002-1053
PL0043
SITE SPECIFIC DEVELOPMENT PLAN
2ND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CORPORATION
2ND AMUSR#1125
1. The Site Specific Development Plan and Second Amended Use by Special Review Permit
#1125 is for a Mineral Resource Development Facility (open-cut gravel mining operation,
asphalt and concrete batch plants, and concrete recycling plant), along with a Use
Permitted by Right, Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (stockpiling and retail sale of landscaping materials) in the
A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Article VIII,
Section 23-8-10 of the Weld County Code.
3. Hours of operation for the retail landscape sales operation shall be from 6:00 a.m. to
6:00 p.m., Monday through Saturday.
4. Landscape material stockpiles shall not exceed twelve (12) feet in height.
5. The off-street parking spaces adjacent to the office and scale area shall be utilized for the
additional retail landscaping amenity.
6. This site will be required to meet all requirements of the Americans with Disabilities Act
(ADA).
7. Sufficient space shall be provided in loading/service areas to accommodate vehicles without
encroachment upon truck traffic circulation.
8. 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 Year Flood Plain of
the Cache la Poudre River, which would obstruct passage of flood flows.
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.
9. 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.
10. No permanent disposal of wastes shall be permitted except fill material at this site. This is
not meant to include those wastes specifically excluded from the definition of"solid waste"
in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (2ND AMUSR #1125)
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11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
12. The facility shall adhere to the maximum permissible noise level allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
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 utilize bottled drinking water for employees.
15. The installation of the septic system shall comply with the Weld County Individual Sewage
Disposal System (I.S.D.S.) Flood Plain Policy.
16. The facility shall utilize the existing septic system at the scale house. Portable toilets shall
be used for the processing area.
17. Adequate hand washing and toilet facilities shall be provided for employees.
18. The facility shall provide an adequate water supply for drinking and sanitary purposes.
19. Fugitive dust shall be controlled on the site.
20. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
21. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
22. The applicant shall obtain a Department of Army, 404 Clean Water Act permit, if any work
associated with this project takes place at this location, which 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.
23. 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.
24. The operation shall comply with all applicable rules and regulations from the Colorado
Department of Labor and Employment, Oil Inspection Section.
25. The operation shall comply with the Occupational Safety and Health Act (OSHA).
26. The operation shall comply with the Mine Safety and Health Act (MSHA).
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27. 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.
28. All construction on the property shall be in accordance with the requirements of Chapter 29
of the Weld County Code.
29. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review.
30. Permits are required for all electrical work, including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etc.
31. All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform
Building Code. Appropriate Colorado State agencies should be consulted for additional
regulations or requirements.
32. Drawings for any building or related projects shall be submitted to the appropriate fire
district.
33. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department,the Fire District,or other
State agencies.
34. 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.
35. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
36. 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 of the Weld County Code.
37. No additional accesses shall be granted from Weld County Road 64.5 to the facility.
38. The site shall maintain compliance with the Windsor-Severance Fire Protection District,the
U.S. Fish and Wildlife Service, and the Department of the Army, Corps of Engineers.
39. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-4-290 of the Weld County Code.
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41. Personnel from the Weld County Departments of Public Health and Environment, Public
Works, 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.
42. 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.
43. 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.
44. The applicant shall comply with the existing Emission Permit for the operation as approved
by the Colorado Department of Public Health and Environment.
45. The applicant shall comply with the existing CDPS Permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
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