HomeMy WebLinkAbout20022438.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1354 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES FOR OPEN
PIT MINING AND MATERIALS PROCESSING, INCLUDING A CONCRETE AND
ASPHALT BATCH PLANT, IN THE A(AGRICULTURAL) ZONE DISTRICT -
AGGREGATE INDUSTRIES WEST CENTRAL REGION, 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 25th 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 Aggregate Industries West Central Region, Inc., 3605 South Teller
Street, Lakewood, Colorado 80235, for a Site Specific Development Plan and Use by Special
Review Permit#1354 for Mineral Resource Development Facilities for Open Pit Mining and
Materials Processing, including a Concrete and Asphalt Batch Plan, in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the W1/2 of Section 8, Township 4 North,
Range 66; Lot B of Recorded Exemption #1586;
being part of the W1/2 and part of the NW 1/4/4 of
Section 8, Township 4 North, Range 66 West; and
parts of Sections 4, 5, and 8, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Danna Ortiz, Rocky Mountain
Consultants, Inc., 825 Delaware Avenue, Suite 500, Longmont, Colorado 80501, 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 proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
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Section 22-5-80.B.1 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use will be
compatible with surrounding properties which include the Arborland
Nursery to the west, Monfort of Colorado and agricultural lands to the
east and south, an elk ranch to the north, and several residences and
agricultural uses surrounding the mining site. The South Platte River is
adjacent to the property to the east and the Big Thompson River to the
north under Two Rivers Parkway (WCR 27.5). The property to be mined
contains no "Prime" agricultural lands, thus, no prime farm land will be
taken out of production with this proposal.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of
the Weld County Code provide for Mineral Resource Development
facilities including Concrete and Asphalt Batch Plants and Gravel 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. The proposal will be
compatible with existing surrounding land uses which include agricultural
lands with rural residences in the general area.
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 surrounding land uses are primarily
agricultural, including the Arborland tree nursery and the elk ranch.
There are rural residences in the area. To the north is the Union Pacific
Railroad line and Two Rivers Parkway transecting the property from the
southwest to the northeast, to the east and south is agricultural land and
the South Platte River including riparian lands. The west is bordered by
State Highway 60. The Town of Milliken is approximately one mile to the
west of the permit area, with the Town of Gilcrest two miles to the south,
the City of Greeley is three miles to the north and the City of Evans and
Town of LaSalle are two to three miles to the northeast from the permit
area. The area to be mined is outside of the Urban Growth Boundary
areas for all of these municipalities. The Towns of Milliken and LaSalle,
in referrals received September 27, 2001, and September 13, 2001,
respectively, stated they had reviewed the request and found no conflict
with their interests. The Town of Gilcrest, in a referral received
September 20, 2001, stated the proposal was outside the Town's
Comprehensive Planning Area; however, the Town raised concerns over
the additional truck traffic and potential hazards associated with this type
of facility on the area road network. In a referral dated August 31, 2001,
the City of Greeley stated the proposal was outside of its Long Range
Expected Growth Area. The City of Greeley did ask for a Landscape
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Plan for the Two Rivers Parkway and State Highway 60 road systems.
The City of Evans found no conflict with its interests; however, it did ask
consideration be given for a dedicated bike path/trail adjacent to the river
and installed during the reclamation phase of development. Planning
Staff concurs that, with the endorsement of the Conditions of Approval
contained in this recommendation, approval of this use will not jeopardize
the health, safety and welfare of the surrounding property owners.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as shown on FIRM Community Panel Map #080266-
0750C, dated September 28, 1982. The Conditions of Approval and
Development Standards address the issue of the flood plain.
Section 22-5-80.E.2.d (CM.Policy 5.4) states, "the operation will comply
with the County flood hazard regulations...." Further, Section 22-5-80.6.1
promotes the reasonable and orderly development of mineral resources.
1. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site has a limited amount of prime agricultural
land. A majority of the property lies within the One Hundred (100) Year
Flood Plain that limits the agricultural productiveness of the site. The
area within the flood plain has historically been utilized as pasture land.
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 the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for Open-mining have been
addressed through this application and the Development Standards will
insure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Aggregate Industries West Central Region, Inc.
for a Site Specific Development Plan and Use by Special Review Permit#1354 for Mineral
Resource Development Facilities for Open Pit Mining and Materials Processing, including a
Concrete and Asphalt Batch Plant, 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.
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2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicant should acquire and dedicate to the County any
additional right-of-way needed to accommodate the intersection
improvements at Two Rivers Parkway and Weld County
Road 396.
2) The location of the above grade conveyor utilized to transport the
resource from the north side of Weld County Road 396 to the
south side of Weld County Road 396 to the processing plant area.
B. The Environmental Health Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for
the existing buildings represented on the submitted plan. Any existing
septic system(s) located within the Use by Special Review Permit
boundary that is not currently permitted through the Weld County
Department of Public Health and Environment will require an Individual
Sewage Disposal System (I.S.D.S.) evaluation prior to issuance of the
required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with I.S.D.S.
Regulations.
C. The applicant shall provide evidence that the facility has an adequate
water supply for drinking and sanitary purposes.
D. The applicant shall acquire and dedicate to the County any additional
right-of-way needed to accommodate the intersection improvements at
Two Rivers Parkway and Weld County Road 396.
E. The applicant shall enter into an agreement for the upgrading, widening,
and paving of Weld County Road 396 from the pit entrance/scale house
west to Two Rivers Parkway (WCR 27.5), and intersection improvements
at Two Rivers Parkway (WCR 27.5) and Weld County Road 396. Two
Rivers Parkway (WCR 27.5) will be evaluated for structural adequacy by
the Department of Public Works. A structural overlay may be required
due to the heavy hauling generated by the Use by Special Review. If a
structural overlay is needed, it shall be included in the agreement. The
applicant shall also enter into an agreement to proportionately share,
based on the traffic generated by the Use by Special Review, in the
maintenance of Two Rivers Parkway and Weld County Road 396.
F. The applicant shall provide evidence that Union Pacific Railroad will
permit a spur rail line and loading yard to be constructed adjacent to the
existing rail line. Evidence of approval from Union Pacific shall be
submitted to the Department of Planning Services.
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3. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Permit, Mined Land Reclamation Permit 112, to
conduct surface extraction of construction materials and reclamation of
said lands identified as the Milliken II Site.
B. The applicant shall apply, and be approved, for 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#080266 0750 C, dated September 28, 1982.
Including the construction of any structure, including roads and parking
areas.
C. Proper building permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
September 5, 2001, prior to any construction, demolition, or excavation.
Part of the permit application process includes a complete Plan Review.
D. Site drawings shall be submitted to the Milliken Fire Protection District.
Evidence of an attempt to comply with Fire District requirements shall be
submitted to the Weld County Department of Planning Services.
E. The applicant shall submit a letter from the United States Department of
Interior, Fish and Wildlife Service, indicating that the Savage and
Savage, mouse mitigation plan for the Permit Boundary has been
approved by the United States Department of Interior, Fish and Wildlife
Service.
F. The applicant shall provide evidence that all issues involving water rights,
including a water court approved plan for augmentation or substitute
water supply plan has been approved by the State of Colorado, Division
of Water Resources. Evidence shall be submitted to the Weld County
Department of Planning Services for review and approval.
G. The approach to the scale house/parking area for customers and visitors
parking spaces shall be paved.
H. The applicant shall locate Kerr-McGee's eight (8) inch pipeline and take
precautionary measures around the pipeline as required.
An individual sewage disposal system is required for the proposed
processing plant area 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.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD
l�COLORADO
ATTEST:fatal �'v" 'a# L '4%
`Glenn Vaad, ChM
Weld County Clerk to the �.. .'
tom, EXCUSED
CC_� - , ;"�','�� David E. ng, Pro-Tern
By: Co��1 v (e)• !`f� '�
Deputy Clerk to the Bo. (.�:!
M. J. ile
APP E S TO F • EXCUSED
illiam H. Jerke
C ty ttor ey h 411-
Robert Robert D. Masden
Date of signature: /��7-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC.
USR#1354
1. The Site Specific Development Plan and Use by Special Review Permit#1354 is for Mineral
Resource Development Facilities for Open Pit Mining and Materials Processing, including
a Concrete and Asphalt Batch Plant, 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. 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.
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. The site shall operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division.
9. 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.
10. Adequate hand washing and toilet facilities shall be provided for the employees and visitors.
11. The facility shall provide an adequate water supply for drinking and sanitary purposes.
12. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
13. The operation shall comply with the Occupational Safety and Health Act (OSHA).
14. The site shall comply with the Mine Safety and Health Act (MSHA).
15. The operation shall comply with all applicable rule and regulations of the Colorado Division
of Minerals and Geology.
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16. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etc., for up to six months at each location.
17. In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Storm Water Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment.
18. 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 South Platte 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.
19. In accordance with the Above Ground Storage Tank Regulations (7CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should be greater that 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.
20. 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.
21. Trucks will be tarped immediately upon exiting the plant processing area.
22. 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.
23. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
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.
25. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light except in the case of public or private emergency
or to make necessary repairs to equipment. Hours of operation may be extended with
specific permission from the Weld County Board of County Commissioners.This restriction
shall not apply to the operation of administrative and executive offices or repair and
maintenance facilities located on the property.
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26. 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.
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
28. 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.
29. The plant material on site shall be maintained in accordance with the approved Weed
Eradication Plan.
30. 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, 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.
31. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
35. 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.
36. 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.
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37. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced within three years from the date of approval or is discontinued
for a period of three (3) consecutive years, it shall be presumed inactive. The County shall
initiate an administrative hearing to consider whether to grant an extension of time to
commence the use or revoke the Use by Special Review. If the Use by Special Review is
revoked, it shall be necessary to follow the procedures and requirements of Chapter 23,
Division 4, of the Weld County Code in order to reestablish any Use by Special Review.
38. 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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