HomeMy WebLinkAbout20040152.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #905 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING, A CONCRETE
BATCH PLANT, AND A CONCRETE AND ASPHALT RECYCLING PLANT IN THE
A (AGRICULTURAL) ZONE DISTRICT AND IN THE INDUSTRIAL 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 28th day of
January,2004, 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., 1707 Cole Boulevard, Suite 100, Golden,
Colorado 80401, for a Site Specific Development Plan and Amended Use by Special Review
Permit#905 for Mineral Resource Development Facilities,including Open Pit Mining and Materials
Processing, a Concrete Batch Plant, and a Concrete and Asphalt Recycling Plant in the
A(Agricultural)Zone District and in the Industrial Zone District on the following described real estate,
to-wit:
Including lands described as Lot B of Recorded
Exemption#1102; a strip of land 370 feet wide off of
the west side of the SW1/4; NE1/4SW1/4,
NW1/4SE1/4; parts of SE1/4SW1/4; part of the
N1/2N 1/2N E1/4 lying west of State Highway 85; part
of the S1/2S1/2NE1/4 lying west of State Highway 85;
part of the E1/2NW1/4; and part of the
SW1/4NW1/4NE1/4 and the NW1/4SW1/4NE1/4,all
within Section 30,Township 1 North,Range 66 West
of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Mike Refer, Applegate Group, Inc., 1499
West 120th Avenue, Suite 200, Denver, Colorado 80234-2728, 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.
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AMENDED SPECIAL REVIEW PERMIT#905 -AGGREGATE INDUSTRIES - WCR, INC.
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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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 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 would be compatible
with surrounding properties which include permitted sand and gravel
operations to the north, west and south. The South Platte River is to the
west and U.S. Highway 85 is east of and immediately adjacent to the site.
Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface
mining activities on surrounding land uses,roads,and highways." The three
gravel pits operating in the vicinity are owned by Aggregate Industries -
WCR, Inc.,Asphalt Paving,and Mobile Premix. In 2000,the three operators
combined and provided the County with an updated traffic study for
improvements to the intersection of U.S. Highway 85 and Weld County
Road 6. Through that traffic study, a right turn lane (free right) onto the
acceleration lane and a traffic light were installed at this location to
accommodate gravel, asphalt, and material hauling from this location.
Section 34-1-305,C.R.S.,addresses the preservation of commercial mineral
deposits for extraction. The statute provides, in summary, that the Board
shall not 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. This does not prohibit a board of
county commissioners, a governing body of any city and county, city, or
town, or any other governmental authority which has control over zoning
from zoning or rezoning land to permit a certain use, if said use does not
permit erection of permanent structures upon, or otherwise permanently
preclude the extraction of commercial mineral deposits by an extractor from,
land subject to said use.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) and Industrial Zone Districts. Sections 23-3-40.A
and 23-3-40.A.4 of the Weld County Code, and Sections 23-3-320.D
and 23-3-330.D, as amended by Code Ordinance#2003-10, provide for a
Site Specific Development Plan and Use by Special Review for Mineral
Resource Development facilities, including open pit mining and materials
processing, a Concrete Batch Plant, and a portable Concrete and Asphalt
Recycling Plant in the A (Agricultural ) and Industrial Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties include
permitted sand and gravel operations to the north,west and south;the South
Platte River to the west, and U.S. Highway 85 east of and immediately
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adjacent to the site. There are existing improvements on the parcel,and six
water wells owned by the Central Colorado Water Conservancy District.
The application materials state that these appurtenances will not be
impacted by the mining activities. A referral was not received from the
Central Colorado Water Conservancy District indicating a conflict with its
interests.
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 cities
of Brighton and Fort Lupton are within the three-mile referral area for this
application. Staff received a referral from the City of Fort Lupton that states,
"The Fort Lupton Planning Commission met on October 14, 2003, and
discussed the application." The City has concerns with the impacts this
facility will have on the existing U.S. Highway 85 Corridor, specific to long
range plans for improvements that are to occur at this interchange. An
additional topic of concern is how the property will be utilized in the present
and in the future after reclamation. The City of Brighton was contacted via
telephone requesting comment, however, staff is not in possession of a
referral indicating a conflict with its interests.
e. Section 23-2-230.B.5--The application complies with Section 23-5-200 of
the Weld County Code. The amendment is not located within the Flood
Hazard Overlay District area as shown on FIRM Community Panel
Map#080266-09983C,dated September 28, 1982. The remaining site does
lie within the floodplain as delineated on FIRM Community Panel
Map 080266-0983 C, dated September 28, 1982.
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 subject site has a limited amount of prime agricultural land.
Several acres within the amendment site are zoned Industrial and have
historically been utilized for office and industrial uses.
g. Section 23-2-230.6.7 -- 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.
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 Weld County Code.
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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 Amended Use by Special Review Permit #905 for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, a Concrete Batch
Plant, and a Concrete and Asphalt Recycling Plant in the A(Agricultural)Zone District and in the
Industrial 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 Amended Use by Special Review
Permit#905 shall be adopted and placed on the Amended 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 30 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) The Plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) All plats shall be labeled AmUSR-905.
3) A minimum of ten(10)feet of clearance from any existing power line
or future power line shall be maintained at all times as outlined by
State statute.
4) The location of any on-site signs.
5) The approved Landscape, Screen, and Berm Plan.
6) The permit boundary for the mining operation shall align itself with the
legal descriptions of the parcels noted in the application.
7) Weld County Road 6 is designated on the Road Capital Improvement
Plan in the County-Wide Impact Fee Code Ordinance,
Section 20-1-30,as a collector status road,which requires an 80-foot
right-of-way at full build out. There is presently a 60-foot right-of-way.
A total of 40 feet from the centerline of Weld County Road 6 shall be
delineated on the plat as right-of-way reserved for future expansion
of Weld County Road 6. This road is maintained by Weld County.
8) Weld County Road 4 is designated as a Section Line road,which has
sixty(60)feet of right-of-way,thirty(30)feet either side of the Section
Line identified at this location. The applicant has identified a 25-foot
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minimum setback from the Section Line where Weld County Road 4
would exist if constructed. The setback is measured from the
existing orfuture right-of-way line,thus the 25-foot minimum setback
shall be adjusted from the right-of-way line not the Section Line.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.)and Emissions Permit from the Air Pollution Control Division of the
Colorado Department of Health and Environment, if applicable.
C. The applicant shall submit evidence of an approved Dust Abatement Plan
from the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
D. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS) Permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed discharge
into State waterways, if applicable.
E. The applicant shall submit evidence of an approved Waste Handling Plan,
from the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. 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 evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency(EPA)for any vehicle maintenance facility located on the site that is
equipped with a floor drain. Alternately,pursuant to a new EPA rule,effective
April 5,2000,the applicant can provide evidence from the EPA that they are
not subject to the EPA Class V requirements.
G. The Environmental Health Services Division of the Weld County Department
of Public Health and Environment was unable to locate a septic permit for the
septic system serving the existing house/office. The septic system 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. In the event the
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system is found to be inadequately sized or constructed,the system shall be
brought into compliance with current regulations.
H. 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. The proposed berms will be extended to mitigate
impacts to surrounding properties and adjacent road rights-of-way. Any
berm placed in the 100-Year Floodplain 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.
The Colorado Department of Transportation(CDOT)has jurisdiction over all
accesses to the State Highways. Please contact Gloria Hice-ldler or Tess
Jones at the Greeley office to verify the access permit or for any additional
requirements that may be needed to obtain or upgrade the permit. Gloria
Hice-Idler has been given the traffic impact studyfor review and comments.
Coordinate any Weld County widening improvements at Weld County
Road 6 and U.S. Highway 85 with both CDOT and the Weld County
Department of Public Works.
J. The applicant shall submit evidence that all proposed lanes and turning
radiuses are in place to accommodate the trucks. Should the intersection
design improvements be modified to a protective left turn,the applicant shall
demonstrate that the storage length is long enough.
K. The applicant shall provide evidence of a Temporary Substitute Water
Supply Plan or court-approved augmentation plan to replace water depletions
caused by the operation.
L. The applicant shall provide the Department of Planning Services with written
evidence of an attempt to address the concerns and comply with the
requirements of the Greater Brighton Fire Protection District as outlined in
the referral received November 3, 2003, specific to site drawings.
3. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Mined Land Reclamation Permit 112 to conduct
surface extraction of construction materials and reclamation of said lands
identified as the Platte Valley Site.
B. Proper Building Permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
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October 17,2003,prior to any construction,demolition,or excavation. Part
of the permit application process includes a complete plan review.
C. The off-street parking and loading zones shall be surfaced with either gravel
or the equivalent and shall be graded to prevent drainage problems.
4. The Amended 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.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado,that the effective date of Site Specific Development Plan and Amended Use by Special
Review Permit#905 for Mineral Resource Development Facilities, including Open Pit Mining and
Materials Processing, a Concrete Batch Plant,and a Concrete and Asphalt Recycling Plant in the
A(Agricultural)Zone District and in the Industrial Zone District be,and hereby is March 1,2004,to
correspond with the effective date of Weld County Code Ordinance #2003-10.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD C NTY, CO ORA O
ATTEST: AIL '/ /� %%� EL
..�_
.t►u obert D. Masden, Chair
o
Weld County Clerk to the go .� ti's
illiam H. -t`e, Pro-Tem
BY:
Deputy Clerk to the Boa f►� �� .:_ .
M. rile
APP AST
Davi•� Long
untyAttorr4y
Glenn Vaad
e2
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGGREGATE INDUSTRIES -WCR, INC.
AMUSR#905
1. The Site Specific Development Plan and Amended Use by Special Review Permit#905 is
for Mineral Resource Development Facilities, including Open Pit Mining and Materials
Processing,a Concrete Batch Plant,and a portable Concrete and Asphalt Recycling Plant
in the A(Agricultural)and Industrial Zone Districts,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 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. 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, blowing debris, and other potential nuisance conditions.
7. The applicant shall complywith all provisions of the Underground and Above Ground Storage
Tank Regulations (7CCR 1101-14).
8. 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.
9. The applicant shall remove,handle,and stockpile overburden soil,sand,and gravel from the
facility area in a manner that will prevent nuisance conditions.
10. 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. In the event washing of vehicles will occur on site,the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
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vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to individual sewage disposal systems.
15. Adequate toilet and hand washing facilities shall be provided for employees and patrons of
the facility.
16. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etcetera, for up to six (6) months at each location.
17. The facility shall provide a permanent, adequate water supply for drinking and sanitary
purposes if mining resources from Use by Special Review Permit#1350 are processed on
this site, significantly extending the life of the site. Bottled water is acceptable for the
extended mining of this site due to the inclusion of 1-2 and 1-3 property only.
18. The operation shall comply with the Occupational Safety and Health Act (OSHA).
19. The site shall comply with the Mine Safety and Health Act (MSHA).
20. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
21. 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 100-Year Floodplain of the South
Platte River which would obstruct passage of flood flows.
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.
22. The off-street parking and loading zones shall be surfaced with either gravel or the
equivalent and shall be graded to prevent drainage problems.
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that 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 existing Road Maintenance Agreement with C & M Companies, aka Aggregate
Industries,for this location(Weld County Road 6)remains with the Use by Special Review
plan use. All conditions accompanying this Road Maintenance Agreement are still in effect.
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25. All gravel trucks transporting materials out of the area on County roads shall ensure that
their loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles.
26. All gravel trucks and other vehicles leaving the site shall not bring foreign materials onto the
roadways on their tires.
27. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency(FEMA)including a Letter of Map Revision if determined
to be applicable.
28. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
29. 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.
30. Section 23-4-290.C 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 County Commissioners. This restriction
shall not apply to the operation of administrative and executive offices or repair and
maintenance facilities located on the property.
31. Hours of operation will be one shift during daylight hours,Monday through Saturday. Hours
of operation in the winter months (November through April)will be 7:00 a.m. to 5:00 p.m.,
and in the summer months(May through October)will be 7:00 a.m.to 7:00 p.m.,with limited
hours of operation during the summer months.
32. 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.
33. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
34. 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 Chapter 15, Articles I and II, of the Weld County Code.
35. The plant material on site shall be maintained in accordance with the approved Weed
Eradication Plan.
36. A proponent of the project shall notify 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, if any work associated with this project requires the
placement of dredge or fill material, and any excavation associated with a dredged or fill
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project, either temporary or permanent, in waters of the United States which may include
streams, open water lakes and ponds or wetlands at this site.
37. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
38. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
40. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code
41. Personnel from the Weld County Government 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.
42. 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.
43. 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.
44. 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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