HomeMy WebLinkAbout20022167.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1343 FOR WET OPEN PIT MINING AND MATERIALS PROCESSING IN
THE A(AGRICULTURAL) ZONE DISTRICT - OWENS BROTHERS CONCRETE
COMPANY
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 4th day of
September, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Owens Brothers Concrete Company, 5550 Sheridan Boulevard,
Arvada, Colorado 80002, for a Site Specific Development Plan and Use by Special Review
Permit#1343 for Wet Open Pit Mining and Materials Processing in the A (Agricultural) Zone
District on the following described real estate, to-wit:
S1/2 SW1/4 and the W1/2 SE1/4 of Section 28,
Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on September 4, 2002, the Board deemed it advisable to
continue said matter to October 9, 2002, at 10:00 a.m. to allow Owens Brothers Concrete
Company adequate time to meet notification requirements, address the concerns of oil and gas
lessees, and execute necessary agreements, and
WHEREAS, at said hearing on October 9, 2002, said applicant was represented by Tug
Martin, Banks and Gesso, LLC, 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 states, "Promote the reasonable and orderly development of
mineral resources." The Conditions of Approval and Development
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SPECIAL REVIEW PERMIT#1343 - OWENS BROTHERS CONCRETE COMPANY
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Standards ensure that impacts to surrounding land uses will be
adequately mitigated.
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 Mining 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. An existing wetlands
area borders the site to the south, farmland is located to the east, and an
existing gravel pit (USR#1219) is located to the north and west. Several
letters from adjacent property owners have expressed concerns with the
location of the gravel processing facilities, impacts on the water level of
neighboring wells and wetlands, and the proposed access onto Weld
County Road 28. The attached Development Standards and Conditions
of Approval will ensure that these concerns will be adequately mitigated.
d. Section 23-2-230.6.4—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 Mead, in its referral received June
11, 2001, indicated no conflicts with its interests, but suggested that an
irregular shoreline was more desirable for reclamation than square lakes.
The Town of Platteville, in a letter received July 16, 2001, indicated that
the Platteville Planning Commission, on June 11, 2001, voted
unanimously against the application with the indication that it did not
comply with its Comprehensive Plan. The Town of Platteville expressed
concern with the potential impacts on neighboring residences and
businesses and the agricultural buffer zone. The Town of Platteville
recommended that the processing facility be moved adjacent to the
existing Varra facility (northwest corner), and that all truck traffic be
routed to Weld County Road 19 and Highway 66, rather than Weld
County Roads 28 and 17. They also requested the hours of operation be
limited to daylight hours, the batch plant operation be removed, and that
groundwater issues in regards to the wetlands area to the south and
neighboring wells be addressed. The attached Development Standards
and Conditions of Approval will ensure that these concerns will be
adequately mitigated.
e. Section 23-2-230.B.5—The application complies with Section 23-5 of the
Weld County Code. This site is located within the Southwest Weld Road
Impact Fee Area #3. This fee will be assessed at time of building permit.
This site is also located within the Flood Hazard Overlay District. The
applicant has applied for a Flood Hazard Development Permit.
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SPECIAL REVIEW PERMIT#1343 - OWENS BROTHERS CONCRETE COMPANY
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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. Section 22-2-60 (A.Goal 5) of the Weld County Code
states, "The extraction of mineral and oil and gas resources should
preserve or minimize the impact on prime agricultural land." The majority
of the mine site is designated as "Irrigated Land (Non Prime)" according
to the 1979 "Important Farmlands of Weld County" map. The western
one-quarter of the site is designated as "Prime (Irrigated)" land.
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 Owens Brothers Concrete Company for a Site
Specific Development Plan and Use by Special Review Permit#1343 for Wet Open Pit Mining
and Materials Processing 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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Storm water discharge points shall be indicated on the plat.
2) The approved Landscaping and Buffering Plan.
3) Weld County Road 19 is designated on the Southwest Study Area
Capacity Improvement Needs as a collector status road, which
requires 80 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. A total of 40 feet from the centerline of
Weld County Road 19 shall be delineated on the plat as
right-of-way reservation for future expansion of Weld County
Road 19. This road is maintained by Weld County.
4) The reclamation plan shall be amended to indicate irregular
shorelines for the proposed lakes.
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B. In the event the proposed maintenance shop is equipped with a floor
drain, 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 Department of Public Health
and Environment approval shall be submitted to the Department of
Planning Services.
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 (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).
D. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application must be submitted to the Colorado Department of Health and
Environment, Air Pollution Control Division, for emissions of criteria,
hazardous, or odorous air pollutants.
E. An Individual Sewage Disposal System is required for the proposed
aggregate processing plant, maintenance, and office facilities, and shall
be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to
the Weld County I.S.D.S. Regulations. The installation of the septic
system shall comply with the Weld County I.S.D.S. Flood Plain Policy.
F. If applicable, a NPDES Permit 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.
G. A Dust Abatement Plan shall be submitted 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.
H. The applicant shall submit a Landscaping and Buffering Plan to the
Department of Planning Services for review and approval.
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The applicant shall enter into a Road Maintenance and Improvements
Agreement with the Weld County Department of Public Works for
upgrading, paving, or maintaining Weld County roads which are
associated with the operation and any additional intersection
improvements associated with heavy hauling that may be identified in the
traffic study.
J. A 30-foot wide joint easement extending across the adjacent property to
the east to Weld County Road 19 shall be shown clearly on the plat. The
joint access easement shall be dedicated for the use as shown using the
language set forth in the Weld County Code, Appendix 24-F.E. The
easement shall be graded and drained to provide all-weather access.
K. The applicant shall attempt to address the recommendations of the Town
of Mead as stated in its referral, dated June 10, 2001.
L. A construction drawing, detailing the improvements for the access onto
Weld County Road 19, including acceleration and deceleration lanes and
a left turn slot, shall be submitted for review and approval by the
Department of Public Works. Evidence of Department of Public Works
approval shall be submitted to the Department of Planning Services.
3. Prior to operation:
A. The applicant shall apply for, and receive approval of, Building Permits.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��L,�„4 / (I ;J ' 'e\ EXCUSED DATE OF SIGNING (AYE)
^'�� ^^77 Ole . Vaad, Chair
Weld County Clerk tot`IB jp$�
e
^" �A% David E. Lon;, Pro- -
BY:
Deputy Clerk to the Bo-
M. J. teile
,pD AS % ' 'M: / Vii-,1L William H. Jerke
LLB �
ntyAttorTy EXCUSED
Robert D. Masden
/o
Date of signature: 15
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OWENS BROTHERS CONCRETE COMPANY
USR#1343
1. The Site Specific Development Plan and Use by Special Review Permit#1343 is for Wet
Open Pit Mining and Materials Processing 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. 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. The access drive shall be paved up to 300 feet west of the intersection of Weld
County Road 19.
4. In the event that the facility utilizes the residence 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
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. If the system is found to be inadequately sized or constructed, the
system must be brought into compliance with current regulations.
5. In accordance with the above ground storage tank regulations,7-CCR-1101-14,a retention
berm shall be constructed around the tank battery. The volume retained by the spillage
berm shall be greater than the volume of the largest tank inside the berm. Alternate
protective measures may be allowed provided that they comply with the above storage tank
regulations.
6. 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.
7. 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 Waste
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. The facility shall operate in accordance with the approved Dust Abatement Plan at all times.
The facility shall have sufficient equipment available to implement the dust control as
required by the Weld County Department of Public Health and Environment. Additional
control measures shall be implemented as required by the Weld County Health Officer.
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11. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
12. 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.
13. 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.
14. Adequate toilet and hand washing facilities shall be provided for the employees.
15. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
16. The operation shall comply with all operation policies identified in Sections 23-4-250
through 23-4-310 of the Weld County Code.
17. All dewatering pumps shall be powered by electric motors, and no diesel powered
dewatering pumps shall be allowed, including diesel generators to power electric.
18. 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.
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 Colorado
Division of Minerals and Geology.
22. Effective December 1, 1999, Building Permits issued on the site will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area #3.
23. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
24. All gravel trucks under the management and/or supervision of Owens Brothers Concrete
shall turn south onto Weld County Road 19 until the intersection of Weld County Road 19
and State Highway 66 is upgraded to an acceptable safety and access standard
(acceleration/deceleration lanes and/or stoplight).
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. 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.
28. 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.
29. 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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