HomeMy WebLinkAbout20010403.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1259 FOR AN OPEN CUT GRAVEL MINING OPERATION AND CONCRETE
AND ASPHALT BATCH PLANTS IN THE A(AGRICULTURAL) ZONE DISTRICT -
MOBILE PRE-MIX CONCRETE, 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 March, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Mobile Pre-Mix Concrete, Inc., do Tuttle Applegate, Inc., 11990 Grant
Street, Suite 304, Denver, Colorado 80233, for a Site Specific Development Plan and Use by
Special Review Permit#1259 for an Open Cut Gravel Mining Operation and Concrete and
Asphalt Batch Plants in the A (Agricultural) Zone District on the following described real estate,
to-wit:
Part of the W1/2 of Section 19, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Duane Bollig 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 proposal is consistent with Chapter 22 of the
Weld County Code. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources."
b. Section 23-2-230.B.2—The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-40 of the Weld County Code
provides for mineral resource development facilities as a Use by Special
Review in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1259 - MOBILE PRE-MIX CONCRETE, INC.
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c. Section 23-2-230.B.3—The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses to the west and north
include pasture land with limited residences. To the east is State
Highway 85. A well service company is adjacent to the property on a lot
which is zoned for industrial uses. To the south Asphalt Paving Company
is operating a gravel mine permitted by Use by Special Review
Permit #921. C & M Company is also permitted to mine gravel south of
the site by Use by Special Review Permit#905.
d. Section 23-2-230.B.4—The proposed use will be compatible with future
development of the surrounding area as permitted by the existing zoning
and with the future development as projected by the Comprehensive Plan
or Master Plans of affected municipalities. In a referral response received
February 16, 2000, the City of Fort Lupton expressed concerns regarding
the number of gravel mining operations existing along the State Highway
85 corridor, and the difficulties in maintaining an attractive entryway into
south Weld County. The City of Fort Lupton also asked that precautions
be taken in the event of a flood. These concerns have been addressed
through Conditions of Approval and Development Standards.
e. Section 23-2-230.B.5 —All of the site, except one small area along State
Highway 85, is located within the Flood Hazard Overlay District area as
shown on FEMA Panel Map#080266 0983 C. The Conditions of
Approval and Development Standards address the issue of the
floodplain, and ensure compliance with Section 22-5-80.E.2.d of the Weld
County Code.
f. Section 23-2-230.6.6 —The applicant has demonstrated a diligent effort
to conserve prime agricultural land. The proposed site is designated
"Other" and "Irrigated land, not prime," by the U.S.D.A. Soil Conservation
Services. Being located within the One Hundred (100) Year Flood Plain
also limits the agricultural productiveness of the site.
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.
h. Section 23-4-250—Additional requirements for open mining have been
addressed through this application and the Development Standards will
insure compliance with Section 23-4-250 of the Weld County Code.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mobile Pre-Mix Concrete, Inc., do Tuttle
Applegate, Inc. for a Site Specific Development Plan and Use by Special Review Permit #1259
for an Open Cut Gravel Mining Operation and Concrete and Asphalt Batch Plants 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 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 submit a Landscape and Screening Plan to the Weld
County Department of Planning Services for review and approval. The
location, number, size, and species of all plant material shall be identified.
The plan shall also include any berms, fencing or other screening
material proposed. Any berm placed in the One Hundred (100) Year
Flood Plain of the South Platte River cannot 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.
B. The City of Fort Lupton expressed concerns regarding the number of
gravel mining operations existing along the State Highway 85 Corridor
and the difficulties in maintaining an attractive entryway into south Weld
County. To ensure an attractive appearance when mining is completed,
lake number two (2) shall be reconfigured along the north and west
property lines to obtain a more natural and free flowing appearance. The
applicant shall submit a revised Reclamation Plan to the Weld County
Department of Planning Services for review and approval.
C. The applicant shall permit the existing septic systems. The
Environmental Health Services Division of the Weld County Department
of Public Health and Environment was unable to locate septic permits for
the septic systems serving the existing homes. The systems will require
an Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the
issuance of the required septic permits. The review shall consist of
observation of the system and an evaluation of the system's ability to
handle the proposed hydraulic load. 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#1259 - MOBILE PRE-MIX CONCRETE, INC.
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D. The applicant shall post adequate collateral and enter into a Road
Maintenance and Improvements Agreement with the Weld County
Department of Public Works for any additional damage that may occur on
the designated haul route east to State Highway 85.
E. The plats shall be amended to delineate a forty (40)foot right-of-way
from the centerline of Weld County Road 6.
F. The applicant shall submit to the Department of Planning Services, a
copy of a signed agreement with the property's mineral owners stipulating
that the oil and gas activities have adequately been incorporated into the
design of the site.
3. Prior to the start of operation:
A. The entrance to the plant site will be paved. The entrance and exit to the
plant site shall be elevated to the same height as Weld County Road 6 to
provide adequate site distance in both directions. Fifty (50) feet of paving
shall be required at both approaches to Weld County Road 6 with
adequate turning radii.
B. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment.
C. Proper building permits shall be obtained in accordance with the referral
response from the Weld County Building Inspection Department dated
February 1, 2000, prior to any construction, demolition, or excavation.
Part of the permit application process includes a complete plan review.
D. Site drawings shall be submitted to the Fort Lupton Fire Protection
District for review.
E. The applicant shall submit an NPDES Permit to the Water Quality Control
Division of the Colorado Department of Public Health and Environment
for proposed discharge into State waterways.
F. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall
be obtained from the Air Pollution Control Division, Colorado Department
of Public Health and Environment for emissions from the mining
operations.
G. Prior to operation, the applicant shall provide a Waste Handling Plan 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) To delineate on the plan an area that will be designated for
disposal of inert materials.
2) A list of the inert material including the volume.
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 14th day of March, A.D., 2001.
BOARD OF C NTY COMMISSIONERS
WELD CO Y, COLORADO
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ATTEST: i�� IJ�'f . . p /��j�
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M. J. eile, C air
Weld County Clerk to t.� B �^�n,,�4a9
1861BY:
�1 '""° ♦ Glenn Vaad,
Deputy Clerk to the EXCUSED DATE OF SIGNING (AYE)
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APPR� ED O FORM:
D vi E Long
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Robert D. Masden
2001-0403
PL1477
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOBILE PRE-MIX CONCRETE, INC.
USR#1259
1. The Site Specific Development Plan and Use by Special Review Permit #1259 is for an
Open Cut Gravel Mining Operation along with Concrete and Asphalt Batch Plants in the
A(Agricultural)Zone District as indicated in 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 South Platte 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. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
(Section 30-20-100, C.R.S.),shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. No permanent disposal of wastes, as defined in the Solid Wastes Disposal Sites and
Facilities Act (Section 30-20-100, C.R.S.), shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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 applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
10. Adequate toilet facilities shall be provided for the employees.
11. 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.
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DEVELOPMENT STANDARDS - MOBILE PRE-MIX CONCRETE, INC. (USR#1259)
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12. After six months of operation, an I.S.D.S. for the proposed office facility 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. Portable toilets may be used for the first six months.
13. The installation of the septic system shall comply with the Weld County I.S.D.S. Flood Plain
Policy.
14. The facility shall utilize bottled drinking water for employees.
15. Fugitive dust shall be controlled on the site.
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. The operation shall comply with the Mine Safety and Health Act (MSHA).
18. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
19. The facility shall comply with the Above Ground Storage Tank Regulations.
20. The site shall operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division, Colorado Department of Public Health and Environment.
21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
22. 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.
23. Section 23-4-290.6 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 a public or private
emergency or to make necessary repairs to equipment. The Board of Commissioners has
authorized extended hours of operation during the months of September and October, to
begin at 6:00 a.m. and end at 7:00 p.m. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the
property.
24. 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.
25. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
26. 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 Chapter 15 of the Weld County Code.
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27. The access from Weld County Road 8 will not be used for hauling product.
28. If any work associated with this project requires the placement of dredge or fill material, or
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, the Department of the Army, Corp of Engineers shall be notified by a
proponent of the project for proper Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act.
29. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-250 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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.
34. 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.
2001-0403
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