HomeMy WebLinkAbout20011715.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES WITHIN 200
FEET OF PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO
SIGN -OWENS BROTHERS CONCRETE COMPANY
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 has been presented with an Agreement for Permanent Man-
Made Structures Within 200 feet of Property Owned by Weld County between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Owens Brothers Concrete Company, 5550
Sheridan Boulevard, Arvada, Colorado 80002-7020, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Permanent Man-Made Structures Within 200
feet of Property Owned by Weld County between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, and Owens Brothers Concrete Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 2001.
BOARDCO TY, O COMMISSIONERS
�� /�. WELD CO TY, COLORADO
ATTEST: i Eta r izez)
0 .• �M. J. eile, hair
Weld County Clerk to the ., .I, yes%BY: �
��,� , � "1Glenn Vaa., ro-Tem
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Deputy Clerk to the Boa
William H. Jerke
APP EDAST• O- , :
EXCUSED DATE OF SIGNING (AYE)
vid E. Long
county Att.rJr ey r-kj_
Robert D. asden
2001-1715
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MEMORANDUM
WI I p
C TO: Clerk to the Board DATE: June 18, 2001
COLORADO• FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engin
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Project#USR-1343 - Nix Sand & Gravel Mine
Permanent man-made structures within 200 feet of proposed project
The appropriate documentation is attached.
Enclosures
RECEIVED
OWENS BROS JUN 12001
CONCRETE OWENS BROS. CONCRETE CO. WELD COUNTY
PUBLIC WORKS DEPT
CORPORATE OFFICE
5550 Sheridan Blvd.
Arvada, CO 80002-7020
Date: May 14, 2001 Phone (303) 429-5850
Owner Name: Weld County Public Works Department Fax (303) 429-5916
Address: 1111 H Street
12680 WCR 58
Greeley, CO 80632
RE: PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF OUR
PROPOSED PROJECT
Project Name: Nix Sand & Gravel Mine
Applicant: Owens Bros. Concrete Co.
Address: 5550 Sheridan Boulevard
Arvada, CO 80002
Dear Sir or Madam:
The above named applicant has applied for a permit to construct a sand and
gravel mine on land that is within 200 feet of a structure that we believe you own.
As the owner of the structure within 200 feet of a proposed mining activity, the
Colorado Division of Minerals and Geology rules and regulations require us to
contact you and seek your acceptance of the enclosed Agreement. Please be
aware that the proposed operation is a sand and gravel mine, with slopes at no
time exceeding a stable configuration. The Agreement is to the effect that the
applicant will compensate you for any damage done to a permanent man-made
structure that you own within 200 feet of the affected land caused by the mining
operation. The Agreement states that we will fully repair any damage or provide
full compensation for any damage caused by the mining operation.
Please do not interpret this letter or the enclosed Agreement as meaning that any
damage will be done. The applicant's mining operation has, and will continue to
make every measure to avoid damage. This is a State regulation with which the
applicant must comply.
If you do not sign the enclosed Agreement, the applicant has the alternative of
providing an appropriate engineering evaluation. The applicant prefers to reach
an agreement with you if at all possible.
You may sign this Agreement, with your notarized signature, and mail it back to
us in the enclosed postage paid envelope within 30 days of the date of this letter.
If there are any questions regarding the proposed operation or the terms of this
Agreement, please feel free to contact the applicant's representative, Janet
Owens White, Owens Bros. Concrete Co. at (303) 429-5850.
We are more than willing to meet with you at your property to discuss the mine
and reclamation plans and any concerns you may have. If you would like to
arrange such a meeting, please call.
Sincerely,
7anet Owens White
Owens Bros. Concrete Co.
Enc: Agreement Letter
Attachment A: Legal Description
B: Index Map
C: Description of Structure
AGREEMENT
THIS AGREEMENT is entered into this day (dated by Structure Owner)
of , 2001, by and between Owens Brother Concrete Company
(hereinafter referred to as the "Applicant"), whose address is 5550 Sheridan
Boulevard, Arvada, Colorado, 80002, and Weld County Public Works
Department, (hereinafter referred to as the "Structure Owner") whose
address is 1111 H Street, Greeley, CO 80632.
The Applicant is seeking a State of Colorado Mined Land Reclamation
Board Permit to mine sand and gravel and to reclaim the property as
identified in the legal description enclosed as "Attachment A" and as
depicted on the enclosed Location Map which is identified as "Attachment
B".
The Structure Owner owns a permanent man-made structure within 200
feet of the land affected by the mining and reclamation operations. The
location and description of this structure(s) is given in "Attachment C".
Attachments "A", "B", and "C" are attached hereto and made a part of this
Agreement.
The Applicant hereby commits to fully repair or to fully compensate the
Structure Owner for any damage to the structure described in Attachment
"C", which damage is caused by the Applicant's mining and reclamation
operations.
AGREED:
By the Applicant:
'JzA._. t1 . () 6) ;s Ili»
by Applicant's Representative Date
Owens Brothers Concrete Company
Applicant's Company Name
State of Colorado )
ss
County of Adams )
The foregoing instrument was acknowledged before me this s}' day of
Sr , 2001, by O11w4,.. P'\. ," s of Owens Brothers
Concrete Company.
U 1 ( BETTY H. GILLI
NW AR?PUBLIC
STATE OF COLORADO
1 My Commission Eplrs 10/27/2001
By the Structure Owner
.20 Qom`, 06/25/2001
Structure Owner Signature Date
M. J. Geile, Chair, Weld County Board of Commissioners
State of Colorado )
) ss
County of Weld )
The foregoing instrument was acknowledged before me this ,st>, day of
June , 200'1, by M. J. Geile as Chair
of the Weld County Board of Conmissio y pv
� p 1>..1;
...Notary Public ; E E. :
GESICK
My Commission expires: 43
OP WO
At Camimbn Expas Sepemb'1,,2061
2
Attachment "A"
Legal Description of the "Affected Land"
The S 'A of the SW '/ and parts of the East ''A of Section 28, Township 3 North,
Range 67 West of the 6th P.M.
3
Attachment "B"
Location Map of"Affected Land"
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■■ Banks & Gesso, LLC Index Map
ins 720 Kipling, Suite 117 Owens Brothers Concrete Company
Lakewood, CO 80215 Sand and Gravel Mine
banksandgesso.com
4/30/01 20015
Attachment "C"
Description of Man-Made Structure
Within 200 Feet of "Affected Land"
Weld County Road 19 and 28
5
illL MEMORANDUM
TO: Chris Gathman, Planner I DATE: June 6, 2001
1III C. FROM: Donald Carroll, Engineering Administrator De-
SUBJECT: USR-1343, Owens Brothers Concrete Co.
COLORADO
Weld County Public Works has reviewed this proposal;this project falls primarily under the purview
of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4,
Section 23. Our comments and requirements are as follows:
COMMENTS:
WCR 28 is designated on the Southwest Study Area Capacity Improvement Needs as a local
gravel road, which requires 60-feet of right-of-way at full build out. There is presently 60-feet of
right-of-way. This road is maintained by Weld County. Pursuant to the definition of set-back in the
Weld County Code,Chapter 23,Article III, Section 23-3-50,the required set-back is measured from
the future right-of-way line.
WCR 19 is designated on the Southwest Study Area Capacity Improvement Needs 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, Chapter 23, Article III, Section 23-3-50, the required setback is measured
from the future right-of-way line.
REQUIREMENTS:
Traffic Counts: The average daily traffic (ADT) count for WCR 28 is 157 vehicles, taken in a 24
hour period on March 30,1999. WCR 19 has an ADT count of 1711 vehicles, taken October 7,
1999. The ADT for State Highway (SH) 66 at WCR 19 reflects 4850 vehicles, taken in 1995.
Future Right-of-way: The applicant should reserve an additional ten feet of property parallel to
WCR 19 right-of-way for future build out.
Setbacks: Setbacks to a mining operation are measured from future right-of-way lines plus the
standard setback of 20 feet in an agricultural zone to the edge of the gravel pit berms, which is
considered a structure.
Traffic Impact Study: All new residential developments with expected ADT > 200 and all new
commercial developments will be required to submit a traffic study as part of the review process.
This study shall include a description of the project, vehicle trip generation and distribution,
verification of adequate acceleration, deceleration, and storage facilities at all impacted
intersections, review of bridge capacity, intersection level-of-service analysis for existing and
proposed conditions, and recommendation for needed upgrades to transportation infrastructure to
support the development.
Page 2
USR-1343
Weld County Public Works Department will review your submitted traffic study. The traffic study
needs to be submitted no later than 2 weeks prior to scheduling with the Planning Commission to
allow our traffic engineer time to review and comment.
Improvements Agreement: The applicant shall enter into a Road Maintenance and Improvements
Agreement with the Weld County Public Works Department for the upgrading and paving or
maintenance of Weld County roads which are associated with the pit and any additional
intersection improvements associated with heavy hauling that may be identified in the traffic study.
Intersection Study: The applicant is indicating on the plat that the access from the mining
operation will be on to WCR 28, which is a local gravel road. Approximately 500-600 feet south
of the intersection of WCR 28 and WCR 19 is a hill, creating a sight distance problem. The
applicant shall include in the traffic study that the line of sight to the south is adequate to utilize this
intersection for heavy hauling. Utilize the AASHTO (Green Book)"Sight Distance at Intersections"
to verify that this is a safe condition.
If this intersection is not verified to be a safe turning condition through the traffic study, Weld
County Public Works would recommend relocating the main access to the gravel operation on to
WCR 19 or SH 66.
Storm Water Drainage:The applicant is indicating that the storm water drainage will be contained
on site by routing into natural drainage points. Any discharge points shall be identified on the plat.
This portion of the permit falls under the jurisdiction of the State of Colorado/DMG.
Off-street Parking: 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.
cc: File
Diane Houghtaling, P.E.
plan23usr.wpd
r6
et Weld County Referral
• May 21' EIVED
Illig e MAY 2 4 2001
COLORADO WELD COUNTY
PUg1-)O WORKS DEPT
The Weld County Department-of Planning Services has received the following item for review:
Applicant Owens Brothers Concrete Case Number USR-1343
• Company
Please Reply By June 11, 2001 Planner Chris Gathman
Project Special use Permit for Sand and Gravel Mining/Aggregate Processing /Concrete
Batch Plant
Legal S2SW4, W2SE4, and NE4 of Section 28, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado.
Location North of and adjacent to WCR 28,Approximately 1/4 mile west of WCR 19.
Parcel Number 1209 28 000003.
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) July 17, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
Ai See attached letter.
Comments:
Signature /Pitil Date 6r. 4,_ .3,em I
Agency (0444. 1.4 U..IAna.4S)
+Weld County Planning Dept •x1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
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