HomeMy WebLinkAbout20021233.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1373 FOR A CONCRETE BATCH PLANT IN THE A(AGRICULTURAL)
ZONE DISTRICT - ROBERT AND SHARON BAUMGARTNER, C/O ROCKY
MOUNTAIN READY MIX CONCRETE, 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 5th day of
June, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of property owners Robert and Sharon Baumgartner, 1564 Manor Way,
Brighton, Colorado 80601, and lessee Rocky Mountain Ready Mix Concrete, Inc., do Ronald
Coburn, Jr., 5700 Logan Street, Denver, Colorado 80216, for a Site Specific Development Plan
and Use by Special Review Permit#1373 for a Concrete Batch Plant in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the N1/2 NE1/4 NW1/4 of Section 31,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Ronald Coburn, Jr., 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. A.Goal
7 of the Weld County Code states, "Protect agricultural land from
encroachment by those urban uses which hinder the operational
efficiency and productivity of the agricultural uses." The proposed use is
located in an existing industrial area. The site for the new batch plant is
only 3.5 acres in size, which is not large enough to be viable for
agricultural operations. The applicant is proposing to lease this site from
the property owners, Robert and Sharon Baumgartner.
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SPECIAL REVIEW PERMIT #1373 - ROBERT AND SHARON BAUMGARTNER/ROCKY
MOUNTAIN READY MIX CONCRETE, INC.
PAGE 2
b. Section 23-2-230.6.2 —The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-4-40.A.4 of the Weld County
Code provides for a Mineral Resource Development Facility, including
Asphalt and Concrete Batch Plants, 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 batch
plant site is located to the north of an existing gravel pit permitted by Use
by Special Review Permit #523, west of the existing Rocky Mountain
Ready Mix batch plant facility, and south and east of several industrial
uses. This site is approximately 350 feet south of Weld County Road 4
and approximately 500 feet east of State Highway 85. The parcel of land
is landlocked with an access easement provided through an existing
lease. The applicant intends to move a new batch plant facility to this
site. This use is similar to existing uses in the area. The applicant is
proposing to lease this site on a long-term basis (20-30 years). The
applicant currently operates an existing batch plant facility on a leased
parcel immediately to the east of the proposed batch plant site. This
batch plant facility will be moved to job locations as a temporary batch
plant facility. When not in operation, applicant will disassemble this
facility and store it on the existing lease area to the east of the Use by
Special Review Permit site. The applicant still intends to park vehicles
and wash trucks on this site.
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 site is located within the three-mile referral
area for the City of Brighton. No referral has been received from the City
of Brighton.
e. Section 23-2-230.6.5—The application complies with Section 23-5 of the
Weld County Code. A Flood Hazard Development Permit (FHDP) is
required for this site and is a Condition of Approval.
f. 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 site is located on land designated as "Urban and
Urban Build-up Land" according to the 1979 U.S.D.A. Important
Farmlands of Weld County Colorado Map.
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SPECIAL REVIEW PERMIT #1373 - ROBERT AND SHARON BAUMGARTNER/ROCKY
MOUNTAIN READY MIX CONCRETE, INC.
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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 property owners, Robert and Sharon
Baumgartner, and lessee Rocky Mountain Ready Mix Concrete, Inc., do Ronald Coburn, Jr.,
for a Site Specific Development Plan and Use by Special Review Permit#1373 for a Concrete
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.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicant shall submit a signed, notarized and recorded copy
of the lease to the Department of Planning Services.
B. 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.
C. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application must be submitted to the Colorado Department of Public
Health and Environment, Air Pollution Control Division, for emissions of
criteria, hazardous or odorous air pollutants.
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SPECIAL REVIEW PERMIT #1373 - ROBERT AND SHARON BAUMGARTNER/ROCKY
MOUNTAIN READY MIX CONCRETE, INC.
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D. If applicable, a CPDS 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. Evidence
of approval shall be submitted to the Weld County Department of
Planning Services.
E. 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.
F. The applicant shall provide evidence that any vehicle washing area will be
designed and constructed to capture all effluent and prevent any
discharges from drum washing and the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency.
G. Building Permits shall be submitted for the truck wash out facilities and
the aggregate storage facility. Evidence of Final Inspection approval
and/or a copy of a Certificate of Occupancy from the Department of
Building Inspection shall be submitted to the Department of Planning
Services.
H. The applicant shall submit two paper copies of the Use by Special
Review Plat for review by the Department of Planning Services.
3. Upon completion of items#2.A through #2.H 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
thirty (30) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. The Department of Planning Services respectively requests the surveyor provide
a digital copy of this 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 mapseco.weld.co.us.
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SPECIAL REVIEW PERMIT#1373 - ROBERT AND SHARON BAUMGARTNER/ROCKY
MOUNTAIN READY MIX CONCRETE, INC.
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5. Prior to operation:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in its referral received
February 7, 2002.
B. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office as stated in its referral received January 29, 2002.
C. An individual sewage disposal system is required for the proposed
dispatch office and driver break room 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
1 WEL
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A 7Na(q C Gle Vaad, Ch2fr
Weld County Clerk to th Sort C n
� David E. Lo ro-Tem�
BY: I . • `_I (�
Deputy Clerk to the Boat '-
M. J. Geile
APP AS RM: 12—>if/�„�
illiam H. Jerke
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Robert. Masden
(PAp
Date of signature:
2002-1233
PL1606
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND SHARON BAUMGARTNER
C/O ROCKY MOUNTAIN READY MIX CONCRETE, INC.
USR #1373
1. The Site Specific Development Plan and Use by Special Review Permit is for a Mineral
Resource Development Facility including a Concrete 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. This Site Specific Development Plan and Use by Special Review Permit does not create a
separate legal parcel.
4. This facility shall be limited to no more than 98 truck round trips per day.
5. Dust suppressant chemicals will be applied at the intersection of Weld County Road 4
through the existing 50-foot access easement referred to as Book 902, Reception
No. 1823523, which parallels US Highway 85, then west on the existing and proposed
access, Reception No. 2761491 for a total of approximately 1,000 feet. The dust
abatement shall be placed approximately 24 feet in width to accommodate two-way traffic
for the facility. The application shall be on an "as needed" basis, as determined by the
Weld County Department of Public Works, no less than twice a year.
6. The off-street parking including the access drive shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be drained to prevent drainage problems.
7. 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.
8. 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.
9. 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.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 25-12-103 C.R.S.
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DEVELOPMENT STANDARDS - ROBERT AND SHARON BAUMGARTNER / ROCKY
MOUNTAIN READY MIX CONCRETE, INC. (USR #1373)
PAGE 2
13. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The facility shall provide an adequate water supply for drinking and sanitary purposes.
15. If applicable, the water system shall comply with the requirements for a community water
system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
16. Adequate hand washing and toilet facilities shall be provided for employees.
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
18. 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.
19. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary or permanent,
in streams, lakes or wetlands takes place at this site, a proponent of the project should
contact the Department of the Army, Corps of Engineers, for proper Department of the
Army permits or changes in permit requirements pursuant to Section 404 of the Clean
Water Act.
20. As stated in Section 23-4-290.6 of the Weld County Code, operations shall be conducted
during the hours of daylight, 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.
21. The sources of light shall be designed, located, and operated in such a manner so that
beams or rays of light will not shine directly on adjacent properties.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-4-290, Weld County Code.
24. 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.
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DEVELOPMENT STANDARDS - ROBERT AND SHARON BAUMGARTNER / ROCKY
MOUNTAIN READY MIX CONCRETE, INC. (USR#1373)
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25. 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.
26. 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.
2002-1233
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