HomeMy WebLinkAbout20012763 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1341 FOR ASPHALT AND CONCRETE BATCH PLANTS, ASPHALT
AND/OR CONCRETE RECYCLING, SAND AND GRAVEL PROCESSING,
MATERIALS AND EQUIPMENT STORAGE, AND COMMERCIAL OFFICES IN THE
A(AGRICULTURAL) ZONE DISTRICT - PASQUALE AND JACQUELINE VARRA
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 October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Pasquale and Jacqueline Varra, P.O. Box 2049, Broomfield, Colorado
80038, for a Site Specific Development Plan and Use by Special Review Permit#1341 for an
Asphalt and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel
processing, Materials and Equipment Storage, and Commercial Offices in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the S1/2 NW1/4 of Section 25, Township 1
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Brad Janes 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 223-2-230.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 of the Weld County Code 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.
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SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA
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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.4 of the Weld County
Code provides for asphalt and concrete batch plants as a Use by Special
Review in the A (Agricultural) Zone District. The proposed sand and
gravel processing facility will process mineral deposits generated off-site.
Section 23-3-40.A.6 of the Weld County Code allows for the on-site
processing of mineral deposits. This proposal is for off-site processing of
mineral deposits. Section 23-3-40.0 of the Weld County Code allows for
uses similar to uses listed as a Use by Special Review in the A
(Agricultural) Zone District as long as the use complies with the general
intent of the A (Agricultural) Zone District. Commercial offices are a Use
by Right under Commercial Zoning and outdoor storage of equipment
and materials is a Use by Right in the 1-3 (Industrial) Zone District.
Section 23-3-40.R allows for uses permitted by right in the Commercial or
Industrial Zone Districts.
c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed use is
adjacent to a commercial RV storage lot to the south, permitted under
Special Use Permit#299, a turkey facility to the north, permitted under
Special Use Permit#117, and three single-family residences and
outbuildings to the west adjacent to Weld County Road 11. The turkey
facility does not appear to be in operation. The applicant is proposing to
bring water to the facility to operate the asphalt and concrete batch
plants. The amount of water required for the asphalt batch plant is
minimal. The applicant has estimated that the concrete batch plant will
use approximately 9,120 gallons of water per day. Varra company owns
a 5,000 gallon water truck and is estimating two round trips (to and from
the site) per day to supply water to the site. The Conditions of Approval
and Development Standards will ensure that any potential impacts will be
mitigated.
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 facility is located within the three-
mile referral area for the Town of Erie and the cities of Broomfield,
Dacono and Northglenn. The Town of Erie and cities of Dacono and
Northglenn indicated that this proposal did not conflict with their interests,
in their referrals respectively received June 19, 2001, June 12, 2001, and
June 14, 2001.
e. Section 23-2-230.6.5 —The application complies with Section 23-5 of the
Weld County Code. This site is located within the Southwest Weld Road
Impact Fee Area #3. This fee will be assessed at time of building permit.
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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 site is designated as "Prime (Irrigated)" land
according to the 1979 Important Farmlands of Weld County Map.
However, water rights on this property have been sold off by the previous
property owner. This parcel has not been in agricultural production and
do not appear to have been in production for a considerable period of
time.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Pasquale and Jacqueline Varra for a Site
Specific Development Plan and Use by Special Review Permit#1341 for an Asphalt and
Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel processing,
Materials and Equipment Storage, and Commercial Offices 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 right-of-way requirements for Weld County Road 11 as
required by the City of Broomfield, as it has jurisdiction.
2) The approved Landscape and Screening Plan.
3) The off-street parking spaces for the main office, asphalt and
concrete batch plants, asphalt and/or concrete recycling, and
sand and gravel processing shall be indicated on the plat.
Parking shall be indicated as asphalt, concrete or equivalent.
Parking shall meet the requirements of Chapter 23, Article IV,
Division 1, and Chapter 23, Appendix 23-B, of the Weld County
Code.
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B. If the applicant utilizes any maintained Weld County roads other than
those annexed by Broomfield, Dacono, or Northglenn, they shall enter
into a Road Maintenance Improvements Agreement for the upgrading
and paving or maintenance of roads associated with the operation, and
any additional intersection improvements associated with heavy hauling
that may be identified in the traffic study.
C. The applicant shall submit copies of signed Improvements Agreements
with the City of Broomfield (and the City of Dacono and City of
Northglenn if necessary) for the upgrading and paving or maintenance of
roads associated with the operation, and any additional intersection
improvements associated with heavy hauling that may be identified with
the operation, or submit evidence from the City of Broomfield that its road
concerns have been adequately addressed.
D. Weld County Road 11 is maintained by the City of Broomfield which has
jurisdiction over all accesses to the road system. The applicant shall
contact the City of Broomfield, to verify if an access permit or any
additional requirements are needed to upgrade the access. The
applicant shall provide the Weld County Department of Planning Services
with verification of an access permit from the City of Broomfield and
verification that all concerns from the City of Broomfield have been
addressed.
E. 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 Health and Environment.
F. An individual sewage disposal system is required for the proposed facility
and shall be designed by a Colorado Registered Professional Engineer
and installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
G. If applicable, a CPDS Permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Public Health and
Environment for any proposed discharge into State waterways.
H. The applicant shall provide 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.
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. The plan shall include at a minimum,
the following:
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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).
J. The applicant shall attempt to address the requirements/
recommendations of the Colorado Geological Survey as outlined in its
referral dated June 15, 2001.
K. The applicant shall apply for a Department of Army Clean Water Act
Permit and submit evidence of approval to the Department of Planning
Services, or submit evidence from the Department of the Army that the
404 Clean Water Act permit is not applicable.
L. The applicant shall submit a copy of an agreement with the Farmer's
Reservoir and Irrigation Ditch Company, whose irrigation ditch runs along
the northwestern boundary of the proposed development, stipulating that
all concerns of the ditch company have been adequately addressed, or
submit evidence that reasonable accommodations have been made.
M. 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 the adjacent
residences to the west and to the east. The applicant shall provide a
berm or other acceptable method of screening.
3. Prior to Operation:
A. The applicant shall apply for, and receive approval of, building permits.
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.
BE IT FURTHER RESOLVED that the granting of this application, as stated herein,
does not preclude the right of the owners of the subsurface minerals such as coal, oil, and gas,
to develop such minerals, and the obligation of the applicant to reasonably accommodate such
development in accordance with State and/or Federal law.
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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 October, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: gell
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��� �` M. JA Geile, CFI?
Weld County Clerk to th;��o- /
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Glenn Vaad, Pro-Tern
BY: • �3 �I
Deputy Clerk to the BS E7 F ' V -g
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ApPRt72D A RM: Ce
David E. Long
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Date of signature: 117
2001-2763
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PASQUALE AND JACQUELINE VARRA
USR#1341
1. The Site Specific Development Plan and Use by Special Review Permit is for an Asphalt
and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel
Processing, Materials and Equipment Storage, and Commercial Offices 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. The facility will be restricted to no more than 10,000 gallons of water brought to the site per
day for the asphalt and concrete batch plant until a permanent water supply is obtained.
No future expansion of the asphalt and concrete batch plant shall occur until this time.
4. The proposed commercial office shall be associated with, related to, and accessory to the
proposed asphalt and concrete batch plants, asphalt and concrete recycling, sand and
gravel processing facilities,and accessory uses provided under the Use by Special Review
Permit.
5. Off-street parking spaces at the main office parking lot shall be surfaced with gravel,
asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems. The
first 300 feet of the access drive off of Weld County Road 11, shall be surfaced with
asphalt, concrete or equivalent.
6. 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.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. 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.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. This 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.
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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. The applicant shall have an adequate water supply.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. Adequate toilet and hand washing facilities shall be provided for employees and the public.
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. 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.
18. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with Section 25-8-205.5 of the Colorado Water
Quality Control Act and Rules and Regulations.
19. Effective December 1, 1999, Building Permits issued on the site will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area #3.
20. The landscaping on site shall be maintained in accordance with the approved Landscape
and Buffering Plan.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-2-290 of the Weld County Code. The interpretation
of"public or private emergency"would include specifications with a government entity that
would cause the need for around-the-clock operations for a limited period of time of
production of the product.
23. 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. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Chapter 23,Article II, Division 4,
of the Weld County Code in order to reestablish any Use by Special Review.
24. 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.
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25. 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.
26. 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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