The URL can be used to link to this page

Browse Search

Home My WebLink About20011075.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1316 FOR OPEN PIT SAND AND GRAVEL MINING 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 23rd day of May, 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 Use by Special Review Permit#1316 for Open Pit Sand and Gravel Mining in the A (Agricultural) Zone District on the following described real estate, to- wit: Part of the NE1/4NW1/4 and part of the NW1/4NE1/4 of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Danna Ortiz, Rocky Mountain Consultants, 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 states, "Promote the reasonable and orderly development of mineral resources." The Conditions of Approval and Development Standards ensure that impacts to surrounding land uses will be adequately mitigated. *4/0 2001-1075 i6e (La") Ai,4 4iL AdPL1510 SPECIAL REVIEW PERMIT#1316 - 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.6 of the Weld County Code provides for Mining as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. 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 is located within the Urban Growth Boundary of the Town of Windsor. The Town of Windsor Planning Commission at its January 17, 2001, meeting determined that the proposed use is consistent with the Town's Land Use Plan Map. The Town of Windsor recommended approval of the Use by Special Review Permit with conditions. e. Section 23-2-230.B.5 —The application complies with Section 23-5 of the Weld County Code. The majority of the site is located within the One Hundred Year Floodplain (Flood Hazard Overlay District) according to FIRM Community Panel Map 080266-0605D. A Flood Hazard Permit will be required for the site and is a Condition of Approval for this permit. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Windsor Service Area Road Impact Program. 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.1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The proposed use will not be taking any prime farmground out of production. The site is defined as "Irrigated Non- Prime" land per the 1979 U.S.D.A. Soil Conservation Service 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 the health, safety, and welfare of the inhabitants of the neighborhood and County. 2001-1075 PL1510 SPECIAL REVIEW PERMIT#1316 - 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 Use by Special Review Permit#1316 for Open Pit Sand and Gravel Mining 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 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 existing right-of-way and future right-of-way reservations from the centerline of State Highway 392 shall be delineated on the plat. Seventy-five (75) feet from the centerline from State Highway 392 is designated as right-of-way for the future expansion of State Highway 392. The applicant shall verify with the Colorado Department of Transportation (CDOT)future right- of-way requirements adjacent to State Highway 392. Evidence of these requirements shall be submitted in writing to the Department of Planning Services. B. The applicant shall apply, and receive approval, for a Flood Hazard Development Permit from the Department of Planning Services. C. The applicant shall submit a Landscape and Buffering Plan identifying the number, size, and species of all plant material to the Weld County Department of Planning Services for review and approval. The applicant shall provide adequate screening and buffering from State Highway 392 and adjacent residential subdivisions. The applicant shall provide a berm or other acceptable method of screening. Any berm placed in the One Hundred (100) Year Flood Plain of the Cache la Poudre River cannot obstruct passage of flood flows. The applicant shall use breaks in the berm with landscaping, to fill the void, culverts, or other method shall be utilized to allow water to flow freely. 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. 2001-1075 PL1510 SPECIAL REVIEW PERMIT #1316 - HALL-IRWIN CORPORATION PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS fie fELa WELD CO TY, COLORADO ATTEST: ,I ,;. .� � 27 idly) SiO; (1/42: M. J. eile, Chair Weld County Clerk to th � �:eu�• Fis A EXCUSED i °Q Glenn Vaad, Pro-Tem BY: !fl • Deputy Clerk to the Board ' Willi H. Jerke c___ALinFtOVED AS TO v Cv C avi . Long unty Attorngy Robert D. asden 2001-1075 PL1510 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HALL-IRWIN CORPORATION USR#1316 1. The Site Specific Development Plan and Use by Special Review Permit#1316 is for Open Pit Sand and Gravel Mining 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. 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 Abatement Plan at all times. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Department of Public Health and Environment. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 9. 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. 10. The facility shall adhere to the maximum permissible noise levels allowed in the Zone District as delineated in Section 25-12-103, C.R.S. 11. Adequate toilet facilities shall be provided for the employees. 12. The employees shall utilize the Individual Sewage Disposal System on the adjacent property. 13. Portable toilets may be utilized on sites which are temporary locations of the working face and portable processing equipment, etc., for up to six months at each location. 14. The facility shall utilize bottled drinking water for employees. 2001-1075 PL1510 DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (USR#1316) PAGE 2 15. There shall be no discharge of waste water from the washing of vehicles on the facility. All vehicles shall be washed in the approved vehicle washing area. All water, concrete, and aggregate generated from the washing of vehicles should be recycled in the concrete mixing process. 16. The operation shall comply with all operation policies identified in Sections 23-4-250 through 23-4-310 of the Weld County Code. 17. 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. 18. The operation shall comply with the recommendations of the Colorado Division of Wildlife regarding reclamation of ponds and preservation of upland fringe and riparian edge areas and the future diversion of any ditch water outlined in its referral dated January 5, 2001. 19. The operation shall comply with the Occupational Safety and Health Act (OSHA). 20. The operation shall comply with the Mine Safety and Health Act (MSHA). 21. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 22. Effective December 1, 1999, Building Permits issued on the site will be required to adhere to the fee structure of the Windsor Service Area Road Impact Program area. 23. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 26. 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. 27. 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. 2001-1075 PL1510 DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (USR#1316) PAGE 3 28. 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. 29. There shall be an Improvements Agreement for Weld County Road 13 at all times. 2001-1075 PL1510 Hello