HomeMy WebLinkAbout20012388.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT#488 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY (OPEN PIT MINING AND MATERIALS PROCESSING, ALONG WITH AN
ASPHALT MIXING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - MOBILE
PREMIX 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 19th day
of September, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Mobile Premix Concrete, Inc., 1590 West 12th Avenue, Denver,
Colorado 80204, for a Site Specific Development Plan and 2nd Amended Use by Special
Review Permit#488 for a Mineral Resource Development Facility (open pit mining and
materials processing, along with an asphalt mixing plant) in the A (Agricultural) Zone District on
the following described real estate, to-wit:
Part of the S1/2 of Section 16, and the N1/2 of
Section 21, all in Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on September 19, 2001, at the request of the applicant, the
Board deemed it advisable to continue said matter to October 17, 2001, to allow the applicant
additional time to complete a traffic study, and
WHEREAS, at said hearing on October 17, 2001, the applicant was represented by
Julie Goettemoeller, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- 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."
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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 of the Weld County
Code provides for open pit mining and materials processing and asphalt
batch plants subject to a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Adjacent properties
are agricultural in nature. The residences most affected by this
application are located at the southeast corner and east of the site. A
Landscape and Buffering Plan is requested to minimize the impact on
these existing homes.
d. Section 23-2-230.6.4 -- 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 lies within the Intergovernmental
Agreement area of the Towns of Firestone and Frederick. Neither the
Town of Firestone nor Frederick returned a referral response. The site is
within the three-mile referral area of Boulder County and the City of
Longmont. Both Boulder County and the City of Longmont indicated no
conflicts with their interests. The site lies within the Mixed Use
Development area. Future development of the site will be required to
comply with all rules and regulations listed in Chapter 26 of the Weld
County Code.
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 1. Further, a portion of the property
lies within the 100 Year Flood Plain. The 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 "Other" and "Irrigated
land, not prime" by the U.S.D.A. Soil Conservation Services. No prime
agricultural land exists on the site
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.
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h. Chapter 23, Division 4 -- Additional requirements for open mining have
been addressed through this application, and the Development
Standards will insure compliance with Chapter 23, Division 4, of the Weld
County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mobile Premix Concrete, Inc. for a Site Specific
Development Plan and 2nd Amended Use by Special Review Permit#488 for a Mineral
Resource Development Facility (open pit mining and materials processing, along with an
asphalt mixing 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 Recorders 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) An additional twenty (20) feet of right-of-way dedication adjacent
to the subject property next to Weld County Road 20.5 to
accommodate acceleration and deceleration lanes associated
with the new access onto Weld County Road 20.5.
2) The applicant has indicated that drainage around the proposed
structures will be diverted into the settling and de-watering ponds.
Any discharge point shall be identified on the plat.
3) The approved Landscape and Buffering Plan.
4) An accurate legal description.
5) The property located in Section 17 shall not be included in the
permit.
6) The applicant shall submit, and receive approval for, a Long Term
Maintenance Agreement adhering to the requirements of the
Memorandum from the Department of Public Works, dated
October 16, 2001.
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:
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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.
C. 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.
D. If applicable, the applicant shall amend the existing Emission Permit for
the modification in the operation if the Colorado Department of Public
Health and Environment determines that such a modification represents a
significant change in emissions or production. Evidence that the
applicant has met this criteria to the satisfaction of the Weld County
Department of Public Health and Environment shall be submitted to the
Weld County Department of Planning Services.
E. If necessary, the applicant shall amend the existing CPDS Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Evidence that the applicant has met this criteria
to the satisfaction of the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of
Planning Services.
F. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the existing septic system that served a residence (that
has since burnt down) located in the northeast part of this Use by Special
Review. Any existing septic system which is not currently permitted
through the Weld County Department of Public Health and Environment
will require an Individual Sewage Disposal System (I.S.D.S.) evaluation
prior to the issuance of the required septic permit. In the event the
system is found to be inadequate, the system must be brought into
compliance with current I.S.D.S. Regulations. Evidence of approval shall
be submitted to the Weld County Department of Planning Services.
G. The applicant shall submit plans to the Mountain View Fire Protection
District for the installation of flammable or combustible liquid storage, or
dispensing, either temporary or permanent. Evidence of Mountain View
Fire Protection District approval of all Uniform Fire Code issues shall be
submitted to the Weld County Department of Planning Services.
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H. The operator shall furnish evidence that he or she is 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.
I. The applicant shall submit a Landscape and Buffer Plan to the Weld
County Department of Planning Services for review and approval. The
Plan shall address buffering the impact to the adjacent residences.
3. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the
Weld County Department of Building Inspection.
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 17th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: io���'I/�
Weld County Clerk to the Bo a 6 1t ,,Q-,?,,''-'-* J--J- 2 ile, Chair
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BY: l A ,,,, 0 4
Deputy Clerk to the Board EXCUSED DATE OF SIGNING (AYE)
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APPROVED TO ORM: C c,
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Date of signature: %
2001-2388
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOBILE PREMIX CONCRETE, INC.
2ND AMUSR#488
1. The Site Specific Development Plan and Use by Special Review Permit is for a mineral
resource development facility (open pit mining and materials processing) 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 Wastes
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. Portable toilets may be utilized on sites that are temporary locations at the working face and
portable processing equipment, etc. for up to six months at each location.
11. The facility shall utilize the existing public water supply (Left Hand Water District).
12. 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.
13. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
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14. 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.
15. Any required Storm Water Discharge Permit shall be maintained in compliance with the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
16. 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 1.
17. The off-street public 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.
18. The applicant shall adhere to all legal load limits for restricted bridges.
19. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
20. The operation shall comply with all applicable rules and regulations from the Department
of Labor and Employment, Oil Inspection Section.
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
22. The operation shall comply with the Mine Safety and Health Act (MSHA).
23. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency(FEMA), including a Letter of Map Revision if determined
to be applicable.
24. The operation shall comply with all Operations Policies listed in Section 23-4-290 of the
Weld County Code.
25. 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.
26. The asphalt mixing plant shall be located no closer than one-fourth of a mile to any
residence on adjoining properties.
27. Portable fire extinguishers rated 20ABC shall be provided at the truck loading area, near
the burner end of the aggregate dryer and the mixing plant controls, within easy reach of
the plant operator.
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28. All sand and gravel operations shall be conducted during the hours of daylight except in the
case of public or private emergency, or to make necessary repairs to equipment. This
restriction shall not apply to operation of administrative and executive offices or repair
facilities located on the property. Days of operation shall be Monday through Saturday,
unless Sunday operations are required for the health, safety, and welfare of the public and
reported to Weld County Department of Planning Services.
29. The landscaping and buffering shall be maintained in accordance with the approved
Landscape and Buffering Plan.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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.
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