HomeMy WebLinkAbout20011440.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1329 FOR AN OPEN PIT GRAVEL MINING OPERATION AND CONCRETE
BATCH PLANT IN THE A(AGRICULTURAL) ZONE DISTRICT - LOVELAND READY
MIX, 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 20th day
of June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Loveland Ready Mix, Inc., P.O. Box 299, Loveland, Colorado 80539,
for a Site Specific Development Plan and Use by Special Review Permit#1329 for an Open Pit
Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #134; being part of
the NW1/4 and part of the NE1/4 of Section 30,
Township 5 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Alex Schotz 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 ordinances in effect. Section
22-5-80.B.1 (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The proposed Concrete Batch Plant
will allow for the processing of extracted mineral resources. Section 22-
5-80.D.2.e (CM.Policy 4.5) requires "that batch plants and processing
equipment be buffered from adjacent uses." The applicants propose the
installation of berms, fencing and landscaping along public rights-of-way
to provide buffering from existing l uses and adjacent property owners.
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SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX, INC.
PAGE 2
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 designates Open Pit Mining and Materials Processing, as well as
Asphalt and Concrete Batch Plants as a Use by Special Review in the A
(Agricultural) Zone District in accordance with Article II, Division 4, of the
Weld County Code.
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 in all cardinal directions are predominantly agricultural in nature.
The applicants are proposing to screen the facility with six-foot berms
with landscaping and a four-foot-high opaque wooden fence parallel to
Weld County Roads 13 and 54 around the Batch Plant area.
Surrounding property uses include a rural residence to the north and a
rural residence and tree farm to the west.
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, as well as the adopted Master Plans of
affected municipalities. The proposed use is located within the three-mile
referral areas of the Towns of Johnstown and Milliken. The referral
response from the Town of Milliken indicated no conflict with the
proposed use and no referral response was received from the Town of
Johnstown.
e. Section 23-2-230.B.5 —The application complies with Chapter 23, Article
V, of the Weld County Code. Section 22-5-80.E.1.d (CM.Policy 5.4)
states, "The operation should comply with County flood hazard and
geological hazard regulations." The proposed use lies within a
designated Flood Hazard Area, as delineated on FIRM Panel Map
#080266 0615C, dated September 28, 1982. Development of the site 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. Section 22-2-60 (A.Goal 1) of the Weld County Code
states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture." The site is
identified primarily as "Irrigated Not Prime" and "Other" land by the
U.S.D.A. "Farmlands of National Importance" 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.
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SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX, INC.
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h. 23-4, Division 4—Additional requirements for Open Mining and Batch
Plant Operations have been addressed through this application and the
Development Standards will ensure compliance with the provisions of
Section 23-4, Division 4, of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Loveland Ready Mix, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1329 for an Open Pit Gravel Mining
Operation and Concrete Batch Plant 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 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 applicant shall attempt to address the requirements and concerns of
the Colorado Department of Wildlife, as stated in the referral response
received April 16, 2001. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
B. The applicant shall apply, and be approved, for a Flood Hazard
Development Permit for any development that will increase or decrease
the base flood elevation in the flood plain as delineated on FIRM Panel
Map#080266 0615C, dated September 28, 1982. The applicant shall
obtain a Flood Hazard Development Permit for any new structures
including parking areas.
C. The applicant has indicated that the storm water drainage will be
controlled on site by being routed to the pit floors. All discharge points,
as well as the appropriate routing to the Big Thompson River shall be
designated on the plat. This portion of the permit falls under the
jurisdiction of the State of Colorado as it discharges into waters of the
United States.
D. The applicant shall enter into an Improvements Agreement for the
upgrade and paving of Weld County Road 13 from the pit entrance North
to Weld County Road 54 and any additional intersection improvements
associated with the heavy hauling that may be identified in the traffic
study.
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SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX, INC.
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E. The off-street parking spaces at the main office parking lot, including the
access drive, shall be surfaced with asphalt, concrete, or equivalent and
shall be graded to prevent drainage problems. There is adequate sight
distance in both directions at the proposed access point.
F. Weld County Road 54 is designated on the Transportation Plan Map 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. This road is maintained by
Weld County. Pursuant to the definition of setback in the Weld County
Code, the required setback is measured from the future right-of-way line.
Setbacks to the mining operation are measured from future right-of-way
lines plus the standard set back of 20 feet in an A (Agricultural) Zone
District to the edge of the gravel pit berms, which is considered a
structure. The applicant shall amend the plats to reserve an additional 10
feet of property parallel to the Weld County Road 54 right-of-way for
future build out, as well as the 20-foot setback required for mining
operations.
G. Weld County Road 13 is designated on the Transportation Plan Map as a
local gravel road, which requires a 60-foot right-of-way at full build out.
This road has been identified in the Johnstown Comprehensive Plan Area
as an arterial status road. The applicant shall verify future right-of-way
widths that would involve Weld County Road 13 at this location with the
Town of Johnstown and provide evidence of such to the Weld County
Departments of Planning Services and Public Works.
H. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application to the Air Pollution Control Division of
the Colorado Department of Public Health and Environment for emissions
of criteria, hazardous, or odorous air pollutants. Sources of such
emissions include, but are not limited to, the following: sandblasting
operations, mining, spray paint booths, dry cleaners, haul road traffic,
composting, boilers and incinerators. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services, Weld County Department of Public Health and
Environment, for approval prior to operation. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
J. The applicant shall provide evidence to the Departments of Planning
Services and Public Health and Environment 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.
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SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX, INC.
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K. 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 such shall be submitted
in writing 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).
L. The applicant shall provide evidence that the facility has obtained an
adequate potable water supply. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
M. The applicant shall enter into an Improvements Agreement according to
Weld County Policy regarding Collateral for Improvements and post
adequate collateral for required off-site and on-site improvements. The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners.
N. The applicant shall attempt to address the requirements of the Johnstown
Fire Protection District, as stated in the referral response dated April 4,
2001. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. Site drawings shall be submitted to the
Johnstown Fire Protection District for review.
O. The applicant shall attempt to address the requirements of the Larimer
County Engineering Department, as stated in the referral response
received April 23, 2001. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
P. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health 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 residential structure on the
property. 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.
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SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX, INC.
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3. Prior to Commencing Operations:
A. The upgrade and paving of Weld County Road 13 from the pit entrance
North to Weld County Road 54, and any additional intersection
improvements associated with the heavy hauling that may be identified in
the traffic study, shall be completed by the applicant and approved by the
Department of Public Works.
B. Proper building permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
March 28, 2001, prior to any construction, demolition, or excavation. Part
of the permit application process includes a complete plan review.
C. In the referral response dated March 27, 2001, the Office of the State
Engineer, Division of Water Resources, declined to approve the proposed
substitute water supply plan. The applicant shall provide written evidence
of the Division of Water Resources approval of the Water Supply Plan for
this site.
4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2001.
BOARD F COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTEST: g ,
+q'+ M. J. Geile, Chair
Weld County Clerk to that g; rakt;
':I P CIEXCUSED
r;. .y •Glenn Vaad, Pro-Tem
BY: __
Deputy Clerk to the Boa%`' __ i
Willi Jerke
P� PP �R6VE ORM: ec
i E. Long
ounty A rney a � aY
Robert D. Masden
2001-1440
PL1520
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOVELAND READY MIX, INC.
USR#1329
1. A Site Specific Development Plan and Use by Special Review Permit for an Open Pit
Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural)Zone District as
indicated in the application materials on file and subject to the Development Standards
stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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) Year Flood
Plain of the Big Thompson 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.
4. 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.
5. The facility shall operate in accordance with the approved Dust Control Plan. 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.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 25-12-103 C.R.S.
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11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
12. The facility shall utilize the existing public water supply.
13. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
14. An individual sewage disposal system is required for the proposed batch plant/office
building 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.
15. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
policy.
16. Portable toilets may be used on sites that are temporary locations of the working face and
portable processing equipment, etc. for up to six months at each location.
17. Adequate hand washing and toilet facilities shall be provided for employees.
18. The operation shall comply with the Occupational Safety and Health Act (OSHA).
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. 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.
21. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
22. Any berm placed in the One Hundred (100) Year Flood Plain of the Big Thompson River
can not 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.
23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
24. 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.
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25. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight except in the case of public or private emergency,
or to make necessary repairs to equipment. This restriction shall not apply to operation of
administrative and executive offices or repair facilities located on the property. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners.
25. 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.
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
28. 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 the Weld County Code.
29. A proponent of the project shall notify the Department of the Army, Corp of Engineers, to
request 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 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.
30. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-290 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
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.
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35. 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.
2001-1440
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