HomeMy WebLinkAbout20021234.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas along with amendments to Condition of Approval #28, Addition of
Development Standard, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1373
PLANNER: Chris Gathman
APPLICANT: Rocky Mountain Ready Mix Concrete, Inc.
5700 Logan Street
Denver, CO. 80216
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Concrete Batch Plant in the (A)Agricultural Zone District
LEGAL DESCRIPTION: Part of the N2 NE4 NW4 Section 31, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 500 feet west of State Highway 85 Approximately
800 feet south of Weld County Road 4
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 Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission 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. 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 applicants are
proposing to lease this site from the property owners, Robert and Sharon Baumgartner.
b. Section 23-2-220.A.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 a Asphalt and concrete batch plants as a Use by
Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.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 (USR-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
applicants intend to move in a new batch plant facility to this site. This use is similar to
existing uses in the area. The applicants are proposing to lease this site for a long-term
basis (20-30 years).
The applicants currently operate an existing batch plant facility on a leased parcel
immediately to the east of their proposed batch plant site. This batch plant facility will be
moved to job locations as a temporary batch plant facility. When not in operation applicants
will disassemble this facility and store it on their existing lease area to the east of the special
use permit site. Applicants still intend to park vehicles and wash trucks on this site as well.
EIBIT
2002-1234
LASE '/3'73
Resolution USR-1373
Rocky Mountain Ready Mix
Page 2
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 Chapter22 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 3-mile referral area for the City of Brighton.
No referral has been received from the City of Brighton indicating no conflict with their
interests.
e. Section 23-2-220.A.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 23-2-220.A.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 USDA Important
Farmlands of Weld County Colorado Map.
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.
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. (Department of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Dept. of Planning Services)
B. The applicant shall submit a copy of the proposed lease agreement for the proposed batch
plant to the Weld County Attorneys Office.(Department of Planning Services)
C. A recorded copy of the extension and modification of lease agreement and right of first
refusal between Rocky Mountain Ready Mix, Inc. and Single Eagle Company dated
February 3, 1999 shall be submitted to the Department of Planning Services. (Department
of Planning Services)
D. A recorded copy of the Amendment to Lease Agreement from Guadalupe and Rose
Chavez to Rocky Mountain Ready Mix, Inc. dated March 7, 2002 shall be submitted to the
Department of Planning Services. (Department of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) At the location of WCR 4 and US Highway 85, the attached document Reception
No.2761490,dated 4/13/2000 identifies the easement deed for access across the
Chavez property. This Reception number needs to be shown on the easement.
(Dept. of Public Works)
Resolution USR-1373
Rocky Mountain Ready Mix
Page 3
2) The applicant shall submit to the Weld County Department of Planning Services
a signed, notarized and recorded copy of the lease shall be submitted to the
Department of Planning Services.
3) Additional information shall be provided on the type of 20-foot easement that is
identified on the south portion of the proposed USR site. The type of easement
and Reception number and recording date shall be indicated on the plat. (Dept. of
Public Works)
4) The approved Landscape and Screening Plan. Location, number, size and species
of any proposed landscaping or other screening shall be indicated on the plat.
Screening along the southern boundary of the parcel shall be addressed and be
submitted to the Department of Planning Services for review and approval prior to
recording the plat. Screening along the east, south and western sides of the plant
site shall be addressed and shall be submitted to the Department of Planning
Services for review and approval prior to recording the plat. (Department of
Planning Services)
5) The location of the commercial/industrial well proposed to serve the facility shall be
indicated. (Department of Planning Services)
6) The location of the non-exclusive perpetual easement from Guadalupe and Rose
Chavez to Rocky Mountain Ready Mix, Inc. dated March 7, 2002. Reception
number and recording date shall be indicated. (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. (Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
3) The waste handler and facility where the waste will be disposed, including the
facility name, address, and phone number. (Department of Public Health and
Environment)
C. 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. (Department of
Public Health and Environment)
D. 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.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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
Resolution USR-1373
Rocky Mountain Ready Mix
Page 4
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission and the Environmental Protection Agency.
(Department of Public Health and Environment)
G. The applicant shall apply and receive approval for a Flood Hazard Development Permit
from the Department of Planning Services. (Department of Planning Services)
The applicant shall either apply for and receive approval from the Board of Adjustments for
a setback variance allowing the truck wash out facility and aggregate storage facility to
remain in their existing locations or relocate these facilities in order to meet property line
setbacks. (Department of Planning Services)
J. Proper 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. (Department of Building Inspection)
K. The applicant shall attempt to address the requirements of the Greater Brighton Fire District
as stated in their referral received January 24, 2002. (Greater Brighton Fire District)
L. The applicant shall submit two paper copies of the Use by Special Review Plat for review
by the Department of Planning Services. (Department of Planning Services)
4. Upon completion of Items 3.A through 3.L 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' Staff. 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.
5. 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 maps@co.weld.co.us.
6. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received February 7, 2002. (Department of Building
Inspection)
B. The applicant shall attempt to address the recommendations of the Weld County Sheriff's
Office as stated in their referral received January 29, 2002. (Weld County Sheriff's Office)
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 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. (Department of Public Health and Environment)
7. 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. (Department of Planning Services)
Resolution USR-1373
Rocky Mountain Ready Mix
Page 5
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
John Folsom
Luis Llerena
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 March 19, 2002.
Dated the 19th of March, 2002.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Ready Mix Concrete, Inc.
USR-1373
1. The Site Specific Development Plan and Special Use Permit is fora 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.(Department
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. (Department of Planning Services)
3. This Site Specific Development Plan and Special Use Permit does not create a separate legal
parcel. (Department of Planning Services)
4. This facility shall be limited to no more than 98 round trip truck trips per day. (Department of
Planning Services)
5. Dust suppressant chemicals will be applied on the intersection of WCR 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 1000 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 Public Works Department no less than twice a year. (Department
of Public Works)
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. (Department of Public Works)
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. (Department 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. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
11. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division.(Department of Public
Health and Environment)
14. The facility shall provide an adequate water supply for drinking and sanitary purposes.(Department
of Public Health and Environment)
Resolution USR-1373
Rocky Mountain Ready Mix
Page 2
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).(Department of Public Health
and Environment)
16. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
17. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
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. (Department
of Public Health and Environment)
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, the Department of the Army - Corps of Engineers should be contacted 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. (Department of the Army-Corps of
Engineers)
20. As stated in Section 23-4-290.B 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. (Department of Planning Services)
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.
25. 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.
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.
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