HomeMy WebLinkAbout20032446.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1394 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY(DRY OPEN
PIT MINING FOR SAND AND GRAVEL)IN THE A(AGRICULTURAL)ZONE DISTRICT-
NORTHERN COLORADO CONSTRUCTORS, 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 24th day of
September,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Northern Colorado Constructors, Inc., 18100 Weld County Road 19,Johnstown,
Colorado 80534,for a Site Specific Development Plan and Use by Special Review Permit#1394
for a Mineral Resource Development Facility(Dry Open Pit Mining for Sand and Gravel) in the A
(Agricultural) Zone District on the following described real estate, to-wit:
Lots 3, 4, and 5 of Lupton Meadows Subdivision;
being part of the E1/2 SE 1/4/4 of Section 24,Township
2 North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by John Zadel 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 23-2-230.6.1 --Section 22-5-80.B of the Weld County Code states
"Promote the reasonable and orderly development of mineral resources."
Section 22-5-30 of the Weld County Code states"New developments should
be located and designed to preserve critical ecosystem components,
including wetlands, significant wildlife habitats and migration corridors." A
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SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC.
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wetland area is located in the area not to be mined in the northeast corner of
the site. The Department of the Army,Corps of Engineers has indicated that
a 404 Permit will not be required for this project and a conversation with the
Colorado Division of Wildlife, in a follow up to their referral response, has
indicated that they have no concerns with this proposal. Conditions of
Approval and Development Standards ensure that impacts to surrounding
land uses will be adequately mitigated.
B. Section 23-2-230.B.2 -- Section 23-3-40 A.3 of the Weld County Code
provides for open pit mining and materials processing as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The site is located adjacent to two single family
residences to the south,an underground injection well site and commercial
tree nursery to the east, vacant land and a single family residence
approximately 1/4 mile to the west, and a single family residence
approximately 1,000 feet to the north. Conditions of Approval and
Development Standards will ensure adequate mitigation will be taken to
address impacts of the proposed gravel mining operation.
D. Section 23-2-230.B.4--The site is located within the three-mile referral area
for the Town of Fort Lupton. No referral response was received from the
Town of Fort Lupton.
E. Section 23-2-230.6.5--The site is located within the 100-yearfloodplain as
outlined in FIRM Community Panel 080266 0866C. A Flood Hazard
Development Permit shall be submitted and approved prior to recording the
plat as a Condition of Approval for this application.
F. Section 23-2-230.B.6--The proposed use is located on property defined as
"Irrigated Non Prime" and "Other" according to the 1979 "Important
Farmlands of Weld County" map.
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 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 Northern Colorado Constructors, Inc. fora Site Specific
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Development Plan and Use by Special Review Permit#1394 for a Mineral Resource Development
Facility(Dry Open Pit Mining for Sand and Gravel)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-1394.
B. The plat shall meet the requirements of Sections 23-2-260.D.4 and 5 of the
Weld County Code and shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscaping and Buffering Plan.
3) Weld County Road 18 is designated on the Weld County
Transportation Plan Map as a collector status road, which requires
80-feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 18 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 18. This road is maintained
by Weld County.
4) Weld County Road 25 is designated on the Weld County
Transportation Plan Map as a local paved road, which requires 60-
feet of right-of-way at full build out. There is presently 60 feet of right-
of-way. A total of 30 feet from the centerline of Weld County Road 25
shall be delineated on the plat as right-of-way. This road is
maintained by Weld County.
C. If applicable,the applicant shall apply for an Underground Injection Control
(UIC) Class V Injection Well permit, for the shop building, through the
Environmental Protection Agency (EPA), or provide evidence that the
applicant is not subject to the EPA Class V requirements. Evidence of
Department of Public Health and Environment approval shall be submitted
to the Department of Planning Services.
D. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)and
an Emissions Permit application must be submitted to the Colorado
Department of Health and Environment, Air Pollution Control Division, for
emissions of criteria, hazardous or odorous air pollutants.
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E. Any existing septic system(s) located within the Use by Special Review
boundary which is not currently permitted through the Weld County
Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permit(s) or provide
evidence that the system(s)has been properly abandoned. In the event the
system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. regulations.
F. An NPDES Permit shall be obtained from the Water Quality Control Division
of the Colorado Department of Health for any proposed discharge into State
Waterways.
G. The applicant shall submit a Dust Abatement Plan to the Department of
Public Health and Environment, for approval. Evidence of Department of
Public Health Environment approval shall be submitted to the Department of
Planning Services.
H. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. Evidence of approval shall be submitted to the Weld
County Department of Planning Services. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on site (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).
If applicable,the applicant shall provide evidence to the Department of Public
Health and Environment, Environmental Health Services Division that any
vehicle washing area will be designed and constructed to capture all effluent
and prevent any discharges from drum washing and the washing of vehicles
in accordance with the Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency. Evidence of
Department of Public Health and Environment Approval shall be submitted
to the Department of Planning Services.
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J. The applicant shall apply, and receive approval, for a Flood Hazard
Development Permit from the Department of Planning Services.
K. The applicant shall attempt to address the recommendations of the Platte
Valley Soil Conservation District as stated in its referral dated July 10,2002.
Written evidence of this shall be submitted to the Department of Planning
Services.
L. The applicant shall address the recommendations of the Weld County
Sheriffs Office as outlined in its referral dated July 11, 2002. Written
evidence of this shall be submitted to the Department of Planning Services.
M. The applicant shall attempt to address the recommendation of United Power,
Inc., received June 26,2002. Written evidence of this shall be submitted to
the Department of Planning Services.
N. The applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement with the Weld County Public Works Department
for the upgrading and paving or maintenance of Weld County roads which
are associated with the designated haul route. The improvements
agreement shall include an additional three-inch overlay placed from the pit
entrance to Weld County Road 18 to accommodate the additional heavy
hauling associated with the gravel pit. Additionally, the Improvements
Agreement shall address the proportional contribution of the applicant
towards widening of Bridge 18/25 and the bridge on 18 west of Highway 85,
road realignment, and school bus turnout areas.
O. The applicant shall address the recommendations of the Colorado
Department of Transportation as outlined in its letter dated November 19,
2002. Written evidence of this shall be provided to the Department of
Planning Services.
P. The applicant shall submit a Landscape and Screening Plan for review and
approval by the Department of Planning Services. The landscape and
screening plan shall address screening from the existing residences and
commercial nursery to the north, east, west and south of the site.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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2. Upon completion of#1 and#2 above, the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services staff. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution.The applicant shall be responsible for
paying the recording fee.
3. 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
mapsna.co.weld.co.us.
4. Prior to release of building permits:
A. The applicant shall address the requirements of the Department of Building
Inspection as stated in its referral received July24,2002. Written evidence
of this shall be submitted to the Department of Planning Services.
B. An Individual Sewage Disposal System is required for the proposed scale
house and/or repair shop, and shall be installed according to the Weld
County I.S.D.S. regulations. The septic system is required to be designed
by a Colorado Registered Professional Engineer according to the Weld
County I.S.D.S. regulations. The installation of the septic system shall
comply with the Weld County I.S.D.S. floodplain policy.
5. Prior to operation:
A. The access point, including the access to the scale house, shall be paved
a minimum of 24 feet in width to accommodate two-way traffic. The access
point shall have an adequate sight distance in both directions.
6. The Special Review activity shall not occur, nor shall any building or electrical
permits be issued, on the property until the Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
/q/�� WEL OUNTY, COLORADO
ATTEST: i�__,�O���/�
"`�f vid E. Lon , Chair
Weld County Clerk to the Board
•
Robert D sden, Pro-Tem
BY
�� • ""�► erktot Board
eile
' -: William H. Jerk
n'y EXCUSED
Glenn Vaad
Date of signature: /6-9' 0�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NORTHERN COLORADO CONSTRUCTORS, INC.
USR#1394
1. The Site Specific Development Plan and Use by Special Review Permit is for a mineral
resource development facility(dry open pit mining and materials processing for sand and
gravel)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. Per Section 23-4-290 of the Weld County Code, operations shall be conducted during the
hours of daylight except in the case of public or private emergency, or to make necessary
repairs to equipment. This shall not apply to operation of administrative and executive
offices or repair facilities on the property.
4. Off-street parking spaces at the main office parking lot, including access drive, shall be
surfaced with asphalt, concrete or equivalent, and shall be graded to prevent drainage
problems.
5. 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.
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, C.R.S.
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. The facility shall be operated in accordance
with the approved dust abatement plan at all times.
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. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the
facility in the manner that will prevent nuisance conditions.
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of
the facility.
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12. Adequate toilet facilities(port-a-potty)may be utilized on sites which are temporary locations
of the working face and portable processing equipment, etcetera, for up to six months at
each location.
13. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code,the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
14. The applicant shall operate in accordance with the approved "waste handling plan".
15. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
16. The facility shall have sufficient equipment available to implement dust control as required
by the approved Dust Abatement Plan.
17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
18. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. The installation of the septic system shall comply with the Weld County I.S.D.S. floodplain
policy.
20. In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Storm Water Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment.
21. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might
wash away during flooding shall be securely anchored and adequatelyflood-proofed to avoid
creation of a health hazard. Following completion of mining,all temporary buildings shall be
removed.
22. The landscaping on site shall be maintained in accordance with the approved landscape
plan.
23. The applicant shall comply with the requirements of the Air Pollution Control Division of the
Colorado Department of Public Health and Environment.
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24. The applicant shall comply with the requirements of the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
25. The application shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 and Section 23-4-290 of the Weld County Code.
28. Sources of light shall be shielded so beams or rays of light will not shine directly onto
adjacent properties. Neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public streets.
29. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
30. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
31. 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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