HomeMy WebLinkAbout20011786.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT#1172 FOR A GRAVEL MINING OPERATION IN THE A
(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CORPORATION
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 July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Hall-Irwin Corporation, P.O. Box 519, Greeley, Colorado 80632, for a Site
Specific Development Plan and 2nd Amended Use by Special Review Permit#1172 for a
Gravel Mining Operation in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Part of Section 36, Township 1 North, Range 67
West; and part of Section 31, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented at said hearing by Danna Ortiz, Rocky
Mountain Consultants, Inc., 825 Delaware Avenue, Suite 500, Longmont, Colorado 80501, 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 --The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. Section
22-5-80 (CM. Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The intent of this proposal is to
include an additional 40 acres for mining that have not been utilized by
the existing gravel mining operation. The original mining permit consisted
of 169 acres.
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2001-1786
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1172 - HALL-IRWIN CORPORATION
PAGE 2
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 open pit mining and materials processing as a Use by
Special Review in the A (Agricultural)Zone District. The 40-acre mining
operation, approved under 2nd Amended Use by Special Review Permit
#1172, is proposed to take seven years to complete and an additional
year to reclaim the property.
c. Section 23-2-230.B.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. Surrounding land
uses to the north, south, east and west consist of gravel mining and rural
residential uses. The applicant is proposing setbacks and noise
limitations to lessen impacts on adjacent properties. Truck traffic will not
be allowed on Weld County Road 23.5 except for local deliveries. The
material will be transported to the existing processing area and the trucks
will then exit onto Baseline Road.
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 proposed use is located within the three-mile
referral area of the City of Brighton. The City of Brighton did not respond
indicating a conflict with its interests.
e. Section 23-2-230.6.5 --The application complies with Section 23-5 of the
Weld County Code. The proposed use lies within a designated Flood
Hazard Area, as delineated on FIRM Panel map No. 080266 0995 C,
dated September 28, 1982. Any structures onsite will require a Flood
Hazard Development Permit.
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 property does not contain any prime farm land. The
soils onsite are designated as "other" as delineated on the Important
Farmland of Weld County Map, dated 1979.
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.
h. Article IV, Division 4—Additional requirements for Open Mining have
been addressed through this application and the Development Standards
will ensure compliance with the provisions of Article IV, Division 4 of the
Weld County Code.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1172 - HALL-IRWIN CORPORATION
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hall-Irwin Corporation for a Site Specific
Development Plan and 2nd Amended Use by Special Review Permit#1172 for a Gravel Mining
Operation in the A (Agricultural) Zone District on the hereinabove described parcel of land 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 Development Standards for Use by Special Review#1172 and
Amended Use by Special Review#1172.
2) A plat note shall be added which states, "The applicant shall enter
into a Road Maintenance and Improvements Agreement with the
Board of County Commissioners if, at any time in the future,
maintenance of Weld County Road 2 becomes the responsibility
of Weld County.
3. 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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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1172 - HALL-IRWIN CORPORATION
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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 July, A.D., 2001.
BOARD OF CO NTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: gall -27 ®k/,J
La M. J. Bile, Chair
Weld County Clerk to t -o. ,
( : %�1♦� AA,
1861
O? Glenn Vaad, ro-T
BY:
Deputy Clerk to they : .. ,� EXCUSED
� ���� Willi H. Jerke
PP VED FORM:
avid . Long
ounty Atto ey
Robert D. Masden
Date of signature: {6
Date of full execution: 44
2001-1786
PL1234
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CORPORATION
2ND AMUSR#1172
1. The Site Specific Development Plan and 2nd Amended Use by Special Review Permit
#1172 is for a Gravel Mining Operation 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 for final 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 Waste
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, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The facility shall operate in accordance with the approved Dust Control Plan submitted
April 25, 2001. The facility shall have sufficient equipment available to implement
appropriate dust control. Additional control measures shall be implemented as required by
the Weld County Health Officer.
8. 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.
9. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
10. All operations shall conform with Weld County Flood regulations including:
a. No fill, berms, or stockpiles shall be placed in the One Hundred (100) Year Flood
Plain 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.
11. 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.
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DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (2ND AMUSR#1172)
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12. 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 15-1-10 of the Weld County Code.
13. The operation shall comply with the Occupational Safety and Health Act (OSHA).
14. The operation shall comply with the Mine Safety and Health Act (MSHA).
15. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency.
16. The facility must comply with the rules and regulations of the Colorado Division of Minerals
and Geology.
17. There will be no heavy hauling permitted on Weld County Road 23.5 adjacent to the
proposed gravel operation. All ingress and egress to the site will occur onto Weld County
Road 2.
18. There will be no staging or parking of sand and gravel trucks allowed on Weld County Road
2.
19. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code.
20. An N.P.D.E.S. permit shall be followed from the Colorado Department of Public Health and
Environment, Water Quality Control Division, for any proposed discharge into State
waterways.
21. An Air Pollution Emission Notice and Emission Permit shall be followed from the Colorado
Department of Public Health and Environment,Air Pollution Control Division,for emissions
from the mining operation. The site shall operate in accordance with all applicable rules
and regulations of the Air Pollution Control Division.
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
23. 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.
24. A proponent of the project shall contact the U.S.Army Corps of Engineers, Omaha District,
for property 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 dredged or fill material, and 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, ponds or wetlands at this location.
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DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (2ND AMUSR#1172)
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25. No permanent structures are proposed for this site. Portable toilets may be utilized on sites
that are temporary locations of the working face and portable processing equipment, etc.,
for up to six months at each location.
26. The septic systems that serve the scale house and shop/office shall comply with Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations.
27. Adequate hand washing and toilet facilities shall be provided for employees. Water for
sanitary facilities shall be provided by the onsite well.
28. The facility shall utilize bottled water for the employees and public.
29. All signs, both temporary and permanent, shall adhere to Section 23-4-90 of the Weld
County Code and shall require Building Permits.
30. Section 23-4-290 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 operation of administrative and executive offices or repair and maintenance
facilities located on the property.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-290, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
35. 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.
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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.
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