HomeMy WebLinkAbout20051345.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1488 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
DRY OPEN PIT MINING AND MATERIALS PROCESSING,IN THE A(AGRICULTURAL)
ZONE DISTRICT - FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
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 18th day of
May, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Farfrumwurkin,LLLP,c/o Jon File, 1163 Oakhurst Drive,Broomfield,Colorado 80020,
and Kenneth and Judith Schell, 833 State Highway 52, Erie, Colorado 80516, for a Site Specific
Development Plan and Use by Special Review Permit#1488 for a Mineral Resource Development
Facility,including dry open pit mining and materials processing, in the A(Agricultural)Zone District
on the following described real estate, to-wit:
E1/2 SW1/4 and part of the N1/2 SE1/4 and part of
the W1/2W1/2 of Lot B of Recorded Exemption
#3474; being part of the W1/2 W1/2 of Section 32,
Township 2 North, Range 68 West; and part of the
SE1/4 of Lot B of Recorded Exemption#1775 located
in Section 31, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado, and
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to June 1,
2005, to allow the applicant adequate time to attempt to negotiate a Surface Use Agreement with
Encana Resources, Inc., and
WHEREAS,on June 1,2005,said applicant was represented by Peter Weiland, 10395 West
Colfax, Suite 350, Lakewood, Colorado 80215, 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 23-2-230.8 of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT#1488-FARFRUMWURKIN,LLLP/KENNETH AND JUDITH SCHELL
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a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinances in effect.
Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and orderly
development of mineral resources." The proposed use will be compatible
with surrounding properties, which include gravel operations to the north
(USR-1346) and west (SUP-249) and agricultural uses to the east. A
Change of Zone for a nine-lot Planned Unit Development(PUD)has been
approved to the south of the site (PZ-1045 Highland). Section 22-5-80.5
(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses,roads and highways." Atraffic study is required to be
submitted to the Department of Public Works,for review and approval,prior
to recording the plat. The Department of Public Works is also requiring that
the applicant submit a Maintenance and Improvements Agreement for the
haul route.
b. Section 23-2-230.B.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 a Site Specific Development Plan and Use by Special Review
Permit for a Mineral Resource Development Facility, including Sand 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 and other
gravel mining operations in the general area. There are gravel operations to
the north(USR-1346)and west(SUP-249)and agricultural uses to the east.
A Change of Zone for a nine-lot PUD has been approved to the south of the
site (PZ-1045 Highland).
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,with several rural residences
in the area. To the north is a gravel operation(USR-1346), and to the west
is an additional gravel operation(SUP-249). A Change of Zone fora nine lot
PUD has been approved to the south of the site across Highway 52(PZ-1045
Highland), and located to the east of the site is a guest farm (USR-1232).
There are 113 property owners within one-half mile of the site;27 properties
are located within 500 feet of this application. Staff is recommending that
Parcel Number 131332300039 not be included in this Use by Special Review
since no mining activities are being proposed on the parcel. The Town of
Erie and Boulder County did not respond to the referral request, and the
Town of Frederick,in the referral dated October 12, 2004, indicated it found
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no conflicts with its interests. The Conditions of Approval will ensure 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 23-5-230 of
the Weld County Code. The site does not lie within any Overlay Districts.
The proposal is not located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map #080266-00850C, dated
September 28, 1982. Building permits issued on the lot will be required to
adhere to the fee structure of County Wide Road Impact Program.
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 subject site is primarily classified as "prime land," with some
"irrigated not prime land,"as delineated on the Important Farmlands of Weld
County Map, dated 1979. A portion of the lots are currently farmed.
Section 22-5-80A.1 (CM.Policy 1.1) states, "access to future mineral
resource development areas should be considered in all land use decisions
in accordance with state law. No County governmental authority which has
control over zoning shall, by zoning, rezoning, granting a variance or other
official action or inaction, permit the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor."
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Farfrumwurkin, LLLP,and Kenneth and Judith Schell,for
a Site Specific Development Plan and Use by Special Review Permit#1488 fora Mineral Resource
Development Facility,including dry 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 60 days of approval by the Board of County Commissioners.
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2. Prior to recording the plat:
A. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the Weld County Department of Planning
Services for review and approval. This plan shall include specifications of
any proposed berms, if required. The proposed berms will be extended to
mitigate impacts to surrounding properties and adjacent road rights-of-way.
The applicant shall use breaks in the berm with landscaping to fill the void,
culverts, or some other method that will allow water to flow freely.
B. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in their referral response dated
September 10, 2004. Evidence of approval shall be submitted in writing to
the Department of Planning Services.
C. The applicant shall enter into a Road Maintenance and Improvements
Agreement regarding the designated haul route and all intersection
improvements. Evidence of approval by the Weld County Department of
Public Works shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Longmont
Soil Conservation District, as stated in the referral response dated
September 16, 2004. Evidence of approval shall be submitted to the
Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District, as stated in the referral response dated
September 14, 2004. Evidence of approval shall be submitted to the
Department of Planning Services.
F. The applicant shall attempt to address the requirements and concerns of the
State of Colorado, Division of Wildlife, as stated in the referral response
dated September27, 2004. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
November 30, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
Colorado Division of Water Resources, as stated in the referral responses
dated December 10,2004,and December 17,2004. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
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The applicant shall provide the Department of Planning Services with an
approved well permit for the monitoring and observation well for the recharge
of the water produced from the dewatering operation, as outlined in the
referral dated December 10, 2004, from the Colorado Division of Water
Resources.
J. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.)and an Emissions Permit application from the Air Pollution Control
Division (APCD)of the Colorado Department of Health and Environment.
Alternately,the applicant can provide evidence from the APCD that they are
not subject to these requirements. Evidence of approval shall be submitted
in writing to the Department of Planning Services.
K. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted in writing to the Department of Planning Services.
L. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department
of Health and Environment for any proposed discharge into State waterways,
if applicable. Evidence of approval shall be submitted in writing to the
Department of Planning Services.
M. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval shall be submitted in
writing to the 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 the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
N. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1488.
2) The USR plats shall be revised to not include Parcel Number
131332300039.
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3) The location of any on-site signs.
4) The approved Landscape, Screen, and Berm Plan.
5) The applicant shall submit a revised Reclamation Plan, signed off
from the Division of Minerals and Geology, to the Weld County
Department of Planning Services for review and approval.The final
ponds shall be reconfigured to obtain a more natural and free-flowing
appearance for the future residents of the area.
6) Oil and gas lines, including gathering lines with appropriate setbacks,
shall be delineated on the plat.
7) Setbacks to the mining operation are measured from the right-of-way
or future right-of-way lines, plus the standard setback in the
A(Agricultural)Zone District of 20 feet to the edge of the gravel pit
berm.
8) Weld County Road 3.25 is designated on the Weld County
Transportation Plan Map as a local paved road,which requires sixty
(60)feet of right-of-way at full build out. There is presently sixty(60)
feet of right-of-way. A total of thirty(30)feet from the centerline of
Weld County Road 3.25 shall be delineated as right-of-way on the
plat. This road is maintained by Weld County.
9) State Highway 52 requires two hundred(200)feet of right-of-way at
full build out. A total of one hundred(100)feet from the centerline of
Highway 52 shall be delineated as right-of-way on the plat.
3. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld
County Department of Building Inspection.
B. The approach road shall be paved with asphalt, concrete,or the equivalent
from Weld County Road 3.25 for approximately 300 feet, or to the scale
house. The approach road shall be elevated to the same height as Weld
County Road 3.25 with adequate turning radii to accommodate heavy truck
hauling.
4. Prior to operation:
A. An individual sewage disposal system is required for the proposed
Office/Weigh Station and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
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B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
5. 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 1st day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: augY
(' $!t. `S'William H. Jer4 , Chair
Weld County Clerk to th*do =tcstp.`
r
O �. /� ( e, Pro- em
BY:
Deputy Clerk to the Boar.��'
D ' . Long
APP AS TO F
Robert D. asden
unty t orne
Glenn Vaad
Date of signature: 4/%
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
USR#1488
1. A Site Specific Development Plan and Use by Special Review Permit#1488 is fora Mineral
Resource Development Facility, including dry 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. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
4. 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall remove,handle and stockpile overburden,soil,sand,and gravel from the
facility area in a manner that will prevent nuisance conditions.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
9. This 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 employees and visitors of
the site.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
13. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six months at each location.
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(USR#1488)
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15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
17. 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.
18. The hours of operation shall be from sunrise to 6:00 p.m.
19. The site shall be limited to 15 employees as outlined in the application materials.
20. 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.
21. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
22. The applicant shall provide the Department of Planning Services with an approved Colorado
Division of Water Resources Substitute Water Supply Plan by December 31 of any given
year for the operation of the following year.
23. Adequate accounting of depletions and replacement must be provided to the State Division
Engineer in Greeley and the Water Commission on a monthly basis or other interval
acceptable to both.
24. 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 Section 15-1-180 of the Weld County Code.
25. If any work associated with this project requires the placement of dredge or fill material, or
if 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 takes place at this site, 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.
26. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
27. Proper building permits shall be obtained prior to any construction,demolition,or excavation.
Part of the permit application process includes a complete plan review.
28. Permits are required for all electrical work, including electrical services for de-watering
pumps, rock crushers, construction trailers, site lighting, etcetera.
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29. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Department of Building Inspection, the Fire District, or other
State agencies.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250 of the Weld County Code.
32. Weld County Government personnel 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.
33. 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.
34. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced 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.
35. 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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