HomeMy WebLinkAbout20013015 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1326 FOR AN OPEN CUT GRAVEL MINING OPERATION AND CONCRETE
BATCH PLANT IN THE A(AGRICULTURAL) ZONE DISTRICT - L. G. EVERIST, 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 14th day
of November, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of L. G. Everist, Inc., 7321 East 88th Avenue, Suite 200, Henderson,
Colorado 80640, for a Site Specific Development Plan and Use by Special Review Permit
#1326 for an Open Cut Gravel Mining Operation and Concrete Batch Plant in the A
(Agricultural) Zone District on the following described real estate, to-wit:
Part of the NW1/4, and part of the NW1/4 of the
NE1/4 of Section 6, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by R. A. Everist 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 (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources."
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 subject to a
Use by Special Review Permit in the A (Agricultural) Zone District.
Section 23-3-40.A.4 of the Weld County Code provides for asphalt and
concrete batch plants subject to a Use by Special Review Permit in the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1326 - L. G. EVERIST, INC.
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c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. Properties to the
east and west have rural residences with pastureland. North of the site
are numerous mining sites, a solid waste disposal site and property
owned by the St. Vrain Sanitation District. Firestone has annexed within
close proximity on the south side of the site. An existing subdivision sits
above the proposed mining site, therefore, screening of these homes will
be virtually impossible. In a referral, dated April 11, 2001, the Town of
Firestone requested mitigation of potential impacts with adjoining
properties and the existing and planned uses. The Conditions of
Approval and Development Standards have been included to address the
concerns of the Town of Firestone. The Town of Mead indicated in a
referral, dated April 22, 2001, that the request does not 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. Although the Intergovernmental Agreement with
the Town of Firestone is being amended to include this site, at the time of
submittal, the site was outside of the Intergovernmental Agreement area.
As requested by the Town of Firestone, Conditions of Approval and
Development Standards have been included to ensure compatibility with
the surrounding properties.
e. Section 23-2-230.B.5 —The application complies with Section 23-5 of the
Weld County Code. Effective December 1, 1999, Building Permits issued
on the lot will be required to adhere to the fee structure of the Southwest
Weld Road Impact Program Area 3. Further, a small portion in the
northwest corner of the property lies within the One Hundred (100) Year
Flood Plain. Conditions of Approval and Development Standards have
been included to ensure the operation will comply with county flood
hazard requirements.
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 proposed site is designated "Prime" and "Irrigated
land, not prime" by the U.S.D.A. Soil Conservation Services. The site is
proposed to be included in the Intergovernmental Agreement (IGA) area
with the Town of Firestone. The location of the site is in close proximity
to city boundaries and within the proposed IGA area which will limit the
future agricultural productiveness of the site.
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SPECIAL REVIEW PERMIT #1326 - L. G. EVERIST, INC.
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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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of L. G. Everist, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1326 for an Open Cut 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 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) Discharge points associated with the dewatering of the mining
operation.
2) Property boundaries shall include all of the Lohmann and French
properties not just the mining area.
B. 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,
including 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.
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C. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application must be submitted to the Colorado Department of Health and
Environment, Air Pollution Control Division, for emissions of criteria, or
hazardous and odorous air pollutants. Evidence of submittal shall be
submitted to the Weld County Department of Planning Services.
D. A Dust Abatement Plan shall be submitted 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.
E. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment indicating that an adequate potable water
supply has been obtained for the proposed facility. Evidence of Weld
County Department of Public Health and Environment approval shall be
submitted to the Weld County Department of Planning Services.
F. The applicant shall enter into an Improvements Agreement for the
upgrade and paving of Weld County Road 26 from the pit entrance west
to Weld County Road 13 and any additional intersection improvements
associated with the heavy hauling that may be identified in the traffic
study.
G. Weld County Road 26 is considered a permanent man-made structure.
The State requires a sign-off from the County as the road is within the
200-foot requirement from the gravel pit operation. The applicant shall
supply the Weld County Department of Planning Services with verification
of sign-off from Weld County.
H. 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 0855 C, dated September 28, 1982.
In accordance with Section 23-4-290 of the Weld County Code, the
applicant shall furnish evidence that they are insured to the extent of not
less than one hundred thousand dollars ($100,000.00) against liability for
any negligent act or omission by the operator from the operation or
maintenance of the sand and gravel pit and the extraction and production
of sand and gravel and all activities connected with or incidental thereto.
J. The applicant shall submit evidence to the Weld County Department of
Planning Services indicating that a Storm Water Discharge Permit from
the Colorado Department of Public Health and Environment, Water
Quality Control Division, has been submitted.
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SPECIAL REVIEW PERMIT#1326 - L. G. EVERIST, INC.
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K. The applicant shall submit plans for the installation of tanks for flammable
or combustible liquids storage and dispensing to the Mountain View Fire
Protection District for review and approval. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
3. Prior to removal of product:
A. An Individual Sewage Disposal System shall be installed for the proposed
office/scale facility. The septic system is required to be designed by a
Colorado Registered Professional Engineer and installed according to
Weld County I.S.D.S. Regulations.
B. The applicant shall submit evidence to the Weld County Department of
Planning Services indicating that the Gravel Well Permit and Temporary
Substitute Supply Plan has been approved by the Colorado State
Engineer's Office.
4. Prior to Operation of the Concrete Batch Plant:
A. The applicant shall submit to the Weld County Department of Planning
Services, for review and approval by the Weld County Department of
Public Health and Environment, evidence 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.
5. 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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SPECIAL REVIEW PERMIT #1326 - L. G. EVERIST, INC.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: atehia ) D.G(.-
l` M. J. eile, Ch 'r
Weld County Clerk to the
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BY:
Deputy Clerk to the Bo tf '
n Willia . Jerke
AP/PRO S M: cW P
vi . Long
o my rn y Mrk,Ji
Robert D. Masden
/`2/
Date of signature:
y
2001-3015
PL1570
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L. G. EVERIST, INC.
USR#1326
1. The Site Specific Development Plan and Use by Special Review Permit#1326 is for
Open Cut Gravel Mining, along with a Concrete Batch Plant 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. 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. Adequate hand washing and toilet facilities shall be provided for employees.
10. The facility shall provide an adequate water supply for drinking and sanitary purposes.
11. An Individual Sewage Disposal System shall be installed for the proposed office/scale
facility. The septic system is required to be designed by a Colorado Registered
Professional Engineer and installed according to Weld County I.S.D.S. Regulations.
12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel
from the facility area in a manner that will prevent nuisance conditions.
13. 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.
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14. The installation of the septic system shall comply with the Weld County I.S.D.S. Flood
Plain Policy.
15. 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.
16. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
17. Effective December 1, 1999, Building Permits issued on the lot will be required to
adhere to the fee structure of the Southwest Weld Road Impact Program Area 3.
18. The landscaping on site shall be maintained in accordance with the approved
Landscape Plan.
19. Any vehicle washing area(s) shall capture all effluent and prevent discharges from
concrete drum washing and the washing of concrete vehicles in accordance with the
Weld County Code, the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
20. Off street parking spaces at the main office parking lot and access drive shall be
surfaced with asphalt, recycled asphalt millings, concrete, or the equivalent. It shall be
graded to prevent drainage problems.
21. The sand and gravel operation shall comply with operation policies identified in Section
23-4-290 of the Weld County Code.
22. Section 23-4-290 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. 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.
23. 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.
24. 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.
25. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
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26. 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.
27. The operation shall comply with the Occupational Safety and Health Act (OSHA).
28. The operation shall comply with the Mine Safety and Health Act (MSHA).
29. The Town of Firestone is identifying a twenty (20) foot storm water easement associated
with the Oak Meadows Planned Unit Development. No excavation or processing of sand
and gravel shall be permitted nearer than ten (10) feet of the boundary of adjacent
easements.
30. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require
building permits.
31. No aggregate materials shall be imported from sources off-site for processing at the
concrete batch plant.
32. All buildings shall require Building Permits and review through the Weld County
Department of Building Inspection.
33. 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.
34. 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.
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
36. 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 Permit. If the Use by Special Review
Permit is revoked, it shall be necessary to follow the procedures and requirements of
Division 4 of the Weld County Code in order to reestablish any Use by Special Review.
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37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
38. 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.
39. 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.
40. 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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