HomeMy WebLinkAbout20040426.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1453 FORA MINERAL RESOURCE DEVELOPMENT FACILITY(CONCRETE
BATCH PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - TIM FELTE/
DOUGLAS YOUNG, C/O SHAUN ROBERTS
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
February, 2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Tim Felte/Douglas Young, do Shaun Roberts, 100 Plowshare Lane, Platteville,
Colorado 80651, for a Site Specific Development Plan and Use by Special Review Permit#1453
for a Mineral Resource Development Facility (concrete batch plant) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the SW 1/4 of Section 10, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Shaun Roberts, 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 ordinance in effect.
Section 22-2-150.B.1 (C.Goal 2) states, "ensure the compatibility of
commercial land uses with adjacent land uses."The Conditions of Approval
have been included to ensure the site does not have an adverse impact on
the surrounding properties.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.A of the Weld County Code
provides for mineral resource development facilities, including concrete
batch plants,as a Use by Special Review in the A(Agricultural)Zone District.
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SPECIAL REVIEW PERMIT #1453 - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
PAGE 2
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. North,east,and directly south of the
site is farmland. Two homes exist west and southwest of the site. The
Conditions of Approval include a Landscape and Screening Plan which
should help mitigate negative impacts to the two homes.
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 lies
within the three-mile referral area for the Town of Ault. The Town indicated,
in a referral response received December 15, 2003, that the use does not
conflict with its interests.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003,Building Permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The small size of the lot limits its agricultural value.
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 Tim Felte/Douglas Young, do Shaun Roberts for a Site
Specific Development Plan and Use by Special Review Permit #1453 for a Mineral Resource
Development Facility(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. Prior to recording the plat:
A. The plat shall be labeled USR-1453.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.)and Emissions Permit application from the Air Pollution Control
Division of the Colorado Department of Health and Environment, if
applicable.
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SPECIAL REVIEW PERMIT#1453 - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
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C. 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.
D. The septic system serving the shop shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be ,
inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
E. 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 by the Environmental
Health Services Division shall be submitted 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 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. The applicant shall submit a Landscape and Screening Plan for review and
approval. The plan shall address the following:
1) In order to mitigate the potential negative impact and aesthetic
concerns on surrounding properties,the applicant shall delineate an
opaque visual screen on the west and southwest side of the property
to completely screen the site from the adjacent homes.
2) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
3) Section 23-3-250.6 addresses Operation Standards for Commercial
uses. The applicant shall address the issue of on-site lighting,
including security lighting, if applicable. Subsection F states, "any
lighting...shall be designed,located,and operated in such a manner
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SPECIAL REVIEW PERMIT#1453 - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
PAGE 4
as to meet the following standards:sources of light shall be shielded '
so that beams or rays of light will not shine directly onto adjacent
properties...."
4) The applicant has not delineated any on-site sign(s). If an on-site
sign(s)is desired,it shall adhere to Sections 23-4-90.A and.B of the
Weld County Code. One identification sign per principal use shall be
allowed,provided that the sign does not exceed sixteen(16)square
feet in area per face. Further, the location of the sign, if applicable,
shall be delineated on the Landscape and Screening Plan.
5) All outdoor storage shall be screened from surrounding properties
and road rights-of-way. Excess concrete will be placed into forms for
precast blocks. The applicant has indicated that these blocks will be
stored behind the batch plant. The plat shall indicate this area and an
opaque visual screen.
G. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement according to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners prior
to recording the plat.
H. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape and Screening Plan.
3) A total of 100 feet from the centerline of State Highway 14 shall be
delineated as right-of-way on the plat.
The applicant shall contact Dave Tuttle, Weld County Sheriff's Office, to
discuss the Crime Prevention Through Environmental Design Program and
any available options for the site.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
ry Theapproval applicanttothe shallWeld reqCountyuest theDepartment vacation ofof UsePlanning by SpecialSe Reviewices. Permit
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SPECIAL REVIEW PERMIT#1453 - TIM FELTE/DOUGLAS YOUNG, 0/O SHAUN ROBERTS
PAGE 5
L. The applicant shall submit evidence from the Water Quality Control Division '
of the Colorado Department of Public Health and Environment that the water
concrete separation areas are appropriately permitted and shall meet the
Water Discharge requirements as outlined in the Colorado Discharge Permit
System (CDPS). This shall be noted on the Plat.
2. Prior to Operation:
A. The access approach to the office and the scale house area shall be
surfaced with asphalt, concrete,or the equivalent. The intent is not to drag,
track, or create additional dust onto State Highway 14.
B. The off-street parking, including the circulation drive throughout the facility,
shall be surfaced with recycled asphalt,asphalt,concrete,or the equivalent,
and shall be graded to prevent drainage problems. Each parking spot should
be equipped with wheel guards where needed to prevent vehicles from
extending beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences or plantings.
3. Upon completion of Condition of Approval #1 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 the 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 respectfully 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
mans(a�co.weld.co.us.
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.
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SPECIAL REVIEW PERMIT#1453 - TIM FELTE/DOUGLAS YOUNG, CIO SHAUN ROBERTS
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, rRADO
ATTEST: ��� i`�%�' E IL
obert D. Masden, Chair
Weld County Clerk to the v 4p ,`TyLe
BY: ,
� ��� (CI
'7, � illiam H` erke, Pro-Tern
Deputy Clerk to the Boar= J?*
. . elle
AP VjFDAS • Ft'M: _ ( �
Davi . Long ,
ty torne� ,��
Glenn Vaa.
Date of signature: 3/6
/
/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
USR#1453
1. The Site Specific Development Plan and Use by Special Review Permit #1453 is for a
Mineral Resource Development Facility(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. All trucks transporting materials to and from the site shall cover their loads thus reducing
loose materials on the roadway that may damage vehicles.
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,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. Any vehicle washing areas and concrete separation areas shall capture all effluent and
prevent discharges from drum washing and the washing of vehicles in accordance with the
Rules and Regulation of the Water Quality Control Commission and the Environmental
Protection Agency.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and customers
of the facility.
12. Any septic system located on the property must comply with all provisions of the Weld '
County Code, pertaining to Individual Sewage Disposal Systems.
13. The facility shall utilize the existing public water supply(North Weld County Water District).
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DEVELOPMENT STANDARDS - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
(USR #1453)
PAGE 2
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
15. The applicant shall adhere to current and future requirements of the Colorado Department
of Transportation.
16. Primary storage of trucks shall be within the pre-existing building. Overflow parking shall be
at the rear of the property and noted on the plat.
17. A Building Permit shall be obtained prior to the construction of the concrete batch plant. A
plot plan shall be submitted showing all structures with accurate distances between
structures, and from structures to all property lines.
18. A Plan Review is required for each building for which a Building Permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit.
19. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building,Mechanical,Plumbing,and Fuel Gas Codes,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
20: Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
21. Building wall and opening protection and limitations and separation of buildings of mixed
occupancy classifications shall be in accordance with the 2003 International Building Code.
Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
22. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
23. The historical flow patterns and run-off amounts will be maintained on site in such amanner
that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
24. The access approach to the office and the scale house area shall be surfaced with asphalt,
concrete, or the equivalent. The operation shall not drag, track, or create additional dust
onto State Highway 14.
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DEVELOPMENT STANDARDS - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
(USR #1453)
PAGE 3
25. The off-street parking,including the circulation drive throughout the facility,shall be surfaced
with recycled asphalt, asphalt, concrete, or the equivalent, and shall be graded to prevent
drainage problems. Each parking spot should be equipped with wheel guards where needed
to prevent vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, or plantings.
26. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape and Screening Plan.
27. Hours of operation shall be from 5:30 a.m. to 7:00 p.m.
28. The number of people employed on the site shall not exceed twelve (12).
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33: 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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