HomeMy WebLinkAbout20050677.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1350 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
SAND AND GRAVEL MINING, IN THE A (AGRICULTURAL) ZONE DISTRICT -
AGGREGATE INDUSTRIES -WCR, 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 16th day of
March,2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Aggregate Industries -WCR, Inc., 3605 South Teller Street, Lakewood, Colorado
80235,for a Site Specific Development Plan and Use by Special Review Permit#1350 for a Mineral
Resource Development Facility, including Sand and Gravel Mining, in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the S1/2 NE1/4, W1/2 SE1/4, E1/2 SE1/4 of
Section 25, Township 1 North, Range 67 West; and
part of the SW1/4 NW1/4,W1/2 SW1/4 of Section 30,
Township 1 North, Range 66 West; and part of the
NW1/4 NE1/4 of Section 36, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Connie Davis, 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 23-3-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-5-80.6.1 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use would be
compatible with surrounding properties,which include gravel operations to
the north and east and agricultural uses to the west and south. The
unincorporated Town of Wattenberg is north-northwest of this proposed
2005-0677
PL1762
��, , 4,-J1c) (be) ?Ph- C7`f-1 -7C
SPECIAL REVIEW PERMIT#1350 -AGGREGATE INDUSTRIES - WCR, INC.
PAGE 2
development, and the South Platte River is adjacent to the property to the
east. Further, no prime farm land will be taken out of production with this
proposal.
b. Section 23-3-230.6.2--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 Mineral Resource Development Facilities, including Sand and
Gravel Mining, as a Site Specific Development Plan and Use by Special
Review in the A (Agricultural) Zone District.
c. Section 23-3-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses,which include agricultural lands and
other gravel mining operations in the general area.
d. Section 23-3-230.6.4--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
surrounding land uses are primarily agricultural with several rural residences
in the area. To the north is the unincorporated Town of Wattenberg and the
Asphalt Paving Company operation (AmUSR-921), to the east is a gravel
mining operation (USR-905, Aggregate Industries)and State Highway 85;
and to the south are agricultural lands with rural residences. There are
thirty-four(34)property owners within 500 feet of this application with three
property owners directly adjacent to the application. The City of Brighton did
not respond to the referral indicting no conflicts with its interests. The
Conditions of Approval will ensure the use will not jeopardize the health,
safety, and welfare of the surrounding property owners.
e. Section 23-3-230.6.5--The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as shown on FIRM Community Panel
Map#080266-0983C and Map#080266-0995C,dated September 28, 1982.
The Conditions of Approval and Development Standards address the issue
of the floodplain. 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.B.1 promotes the reasonable and orderly development of
mineral resources.
f. Section 23-3-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site has"irrigated not prime"and"other"land,as delineated
on the Important Farmlands of Weld County Map,dated 1979. A majority of
the property lies within the one hundred(100)yearfloodplain which limits the
agricultural productiveness of the site. The area is being utilized as open
pasture and a nursery for the City of Westminister.
2005-0677
PL1762
SPECIAL REVIEW PERMIT#1350 -AGGREGATE INDUSTRIES - WCR, INC.
PAGE 3
g. Section 23-3-230.6.7 -- 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 Aggregate Industries - WCR, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1350 for a Mineral Resource Development
Facility, including Sand and Gravel Mining in theA(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.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All Sheets of the plat shall be labeled USR-1350.
2) The attached Development Standards.
3) The location of the two access roads to the site, capable of handling
fire apparatus in all potential weather conditions during and after
construction. The roadway must be a minimum of twenty-four(24)
feet in width without parked cars in the area. All roadways will have
a turning radius of thirty-two (32) feet maximum inside radius and
fifty-two (52) feet outside radius. Dead-end roads exceeding one
hundred fifty(150)feet in length shall terminate in an approved turn
around.
4) The location of any on-site signs.
5) The approved Landscape, Screen and Berm Plan.
6) The location of the two proposed inlet structures across Weld County
Road 23.5.
2005-0677
PL1762
SPECIAL REVIEW PERMIT#1350 - AGGREGATE INDUSTRIES - WCR, INC.
PAGE 4
7) The applicant indicated that Weld County Road 23.5 and Weld
County Road 4.5 are within the property boundaries. The County's
documentation on this section of road indicates that the County is
claiming 60 feet of right-of-way from as early as April 4, 1882,granted
in Book 3, Page 66; Book 8, Page 358;and Book 178, Page 464 with
the Clerk and Recorder's Office. Adjust the plat to coordinate with
the right-of-way line and setback utilizing the sixty (60) feet of
right-of-way that the County is claiming for Weld County Road 23.5.
The setback from the County right-of-way line needs to be adjusted
prior to recording the plat and placing the slurry wall or mining
operation.
8) Section 22-5-100.A of the Weld County Code states, "oil and gas
exploration and production should occur in a manner which
minimizes the impact to agricultural uses and the environment and
reduces the conflicts between mineral development and current and
future surface uses." Section 22-5-100.B of the Weld County Code
states,"...encourage cooperation,coordination,and communication
between the surface owner and the mineral owner/operators of either
the surface or the mineral estate." Finally, Section 22-5-100.B.1 of
the Weld County Code states,"new development should be planned
to take into account current and future oil and gas drilling activity to
the extent oil and gas development can reasonably be anticipated."
The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the
site, or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall
be amended to include any possible future drilling sites.
B. The Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for an existing
residence(Parcel#146925000018). Any existing septic system which 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 the issuance of the required septic permit. In the
event the system is found to be inadequate,the system must be brought into
compliance with current I.S.D.S. Regulations. If, in the future, the septic
system is removed for mining, the applicant shall provide written evidence
to the Weld County Department of Public Health and Environment of the
removal.
C. The applicant shall provide evidence that the facility has adequate water,i.e.,
bottled water.
2005-0677
PL1762
SPECIAL REVIEW PERMIT#1350 -AGGREGATE INDUSTRIES - WCR, INC.
PAGE 5
D. 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.
Any berm placed in the one hundred(100)yearfloodplain of the South Platte
River cannot obstruct passage of flood flows. 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.
E. Weld County Road 23.5 is designated on the Weld County Transportation
Plan Map as a local gravel 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 23.5 shall be
delineated as right-of-way on the plat. This road is maintained by Weld
County. The most current traffic count for Weld County Road 23.5 is 234
vehicles taken in a 24-hour period, dated May 19, 2004.
F. Weld County Roads 2.75 and 4.5 also border the proposed facility. These
are designated as local gravel roads, which require sixty (60) feet of
right-of-way at full build out. A total of thirty(30)feet from the centerline of
Weld County Roads 2.75 and 4.5 shall be delineated as right-of-way on the
plat. These roads are maintained by Weld County.
G. The Department of Public Works has reviewed the submitted traffic study,
which was completed by Gene Coppola. This traffic study combines Mobile
Premix Concrete,Aggregate Industries, and Asphalt Paving,all located on
Weld County Road 6 and accessing onto U.S. Highway 85. Atraffic light has
been placed at the intersection of Weld County Road 6 and U.S. Highway 85
to accommodate heavy truck hauling.
H. The applicant has an existing Improvements Agreement for the upgrade and
maintenance of Weld County Road 6 from the pit entrance, east to U.S.
Highway 85.
3. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld
County Department of Building Inspection.
4. Prior to Operation:
A. The applicant shall provide evidence that a Section 404 Permit has been
obtained from the Department of the Army, Corps of Engineers, prior to
operating in any designated wetland area. Further,the applicant shall provide
evidence to the Department of Planning Services demonstrating that all
conditions of the permit have been met.
2005-0677
PL1762
SPECIAL REVIEW PERMIT#1350 -AGGREGATE INDUSTRIES - WCR, INC.
PAGE 6
B. Site drawings shall be submitted to the Greater Brighton Fire Protection
District. Evidence of an attempt to comply with Fire District requirements
shall be submitted to the Weld County Department of Planning Services.
5. The Use by Special Review activity shall not occur 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 16th day of March, A.D., 2005.
/�� BOARD OF COUNTY COMMISSIONERS
4 E L® /�/(/uG WELD COUNTY, COLORADO
4. r 1, ?et14. -e
William H. Jerke, Chair
1eai ...-4,7:4/8 Jerk to the Board
EXCn." k: `tr,{,-. M. J.USEIe, Pro-Te
,L,.\ �.. i4 D
:six ': c
-`Deputy Clerk to the Board
id . Lon
O DASTOF :
Robert D Mas en
unty Attorney I// Al
Glenn Vaad
Date of signature: S
2005-0677
PL1762
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGGREGATE INDUSTRIES - WCR, INC.
USR #1350
1. A Site Specific Development Plan and Use by Special Review Permit#1350 is for a Mineral
Resource Development Facility, including Sand and Gravel Mining, 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. 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.
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. The facility shall provide bottled water for drinking and sanitary purposes.
6. 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.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
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. If applicable,the applicant shall obtain a Discharge Permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division.
11. Adequate hand washing and toilet facilities shall be provided for the public and employees.
12. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six (6) months at each location.
13. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
14. 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)yearfloodplain
of the South Platte River which would obstruct passage of flood flows.
2005-0677
PL1762
DEVELOPMENT STANDARDS - AGGREGATE INDUSTRIES - WCR, INC. (USR #1350)
PAGE 2
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.
15. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. The operation shall comply with the Mine Safety and Health Act (MSHA).
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. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
20. 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.
21. Section 23-4-290.6 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 Commissioners. This restriction shall
not apply to operation of administrative and executive offices or repair and maintenance
facilities located on the property.
22. 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.
23. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
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. The applicant is indicating that there will be two inlet structures across Weld County
Road 23.5. The applicant shall obtain a Weld County Right-of-Way Permit prior to doing any
excavating within Weld County rights-of-way. Please contact Weld County Department of
Public Works to obtain that permit.
2005-0677
PL1762
DEVELOPMENT STANDARDS - AGGREGATE INDUSTRIES - WCR, INC. (USR #1350)
PAGE 3
26. The Department of the Army, Corps 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, 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.
27. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
28. Proper building permits shall be obtained prior to any construction,demolition,or excavation.
Part of the permit application process includes a complete plan review.
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.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
33. 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.
34. 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.
35. 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,Article II, Division 4,
of the Weld County Code in order to reestablish any Use by Special Review.
2005-0677
PL1762
DEVELOPMENT STANDARDS -AGGREGATE INDUSTRIES - WCR, INC. (USR#1350)
PAGE 4
36. 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.
37. The operator shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
2005-0677
PL1762
Hello