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Home My WebLink About20010152.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1199 FOR A GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - KATHARINE OLIVER 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 7th day of February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Katharine Oliver, 2385 Homestead Place, Longmont, Colorado 80504, for a Site Specific Development Plan and Amended Use by Special Review Permit#1199 for a Gravel Mining Operation in the A (Agricultural) Zone District on the following described real estate, to-wit: SW1/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on February 7, 2001, there was not a quorum of the Board of Weld County Commissioners, and Commissioner Glenn Vaad deemed it advisable to continue the matter to Wednesday, February 14, 2001, at 10:00 a.m., and WHEREAS, at said hearing on February 14, 2001, said applicant was represented by Floyd Oliver at said hearing, and WHEREAS, Section 23-2-230.6 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.2—The proposal is consistent with the intent of the A (Agricultural) Zone District in accordance with Section 23-3-40.0 of the Weld County Zoning Ordinance. The amendment is consistent with Conditions of Approval and Development Standards for both Change of Zone #539 and Final Plat, S #562, to amend out the property to be developed as Meadow Vale Phase Two. pC iz.� g2 4F)) A& 19,A/ 2001- 0152 I PL1271 AMENDED USE BY SPECIAL REVIEW PERMIT #1199 - KATHARINE OLIVER PAGE 2 b. Section 23-2-230.B.3—That the proposal will be compatible with the existing surrounding land uses. Conditions of Approval for both Change of Zone COZ-539 and Final Plat S-562 to amend out the property to be developed as Meadow Vale Phase 2 address mitigating negative impacts to surrounding properties. Section 31.4.1 of the Weld County Zoning Ordinance allows gravel mining as a Use by Special Review in the Agricultural Zone District. c. Section 23-2-230.B.4—That 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. Conditions of Approval for both Change of Zone COZ-539 and Final Plat S-562 to amend out the property to be developed as Meadow Vale, Phase 2 address mitigating negative impacts to surrounding properties. d. Section 23-2-230.6.5—That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within the Overlay District Areas identified by maps officially adopted by the County. The subject site is located in the Flood Hazard Overlay District Area as identified on FIRM Community Panel maps #080266 08505C dated September 28, 1982. Conditions of Approval and Development Standards for both Change of Zone COZ-539 and Final Plat S-562 address mitigating negative impacts in regards to the Flood Plain. A Conditional Letter of Map Revision (CLOMR) has been submitted to FEMA. e. Section 23-2-230.B.6 -- That if the use is proposed to be located in the A (Agricultural) District, that the applicant has demonstrated a diligent effort has been made to conserve Prime Farm Land in the locational decision for the proposed use: This amendment site does not rest on land classified as "Prime farm land". f. Section 23-2-230.B.7 -- That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. The Department of Planning Services has incorporated referral responses into Conditions of Approval and Development Standards that will mitigate negative impacts to the health, safety and welfare of the inhabitants of the Neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Katharine Oliver for a Site Specific Development Plan and Amended Use by Special Review Permit#1199 for a Gravel Mining Operation in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 2001- 0152 PL1271 AMENDED USE BY SPECIAL REVIEW PERMIT#1199 - KATHARINE OLIVER PAGE 3 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 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 include all Development Standards for Use by Special Review Permit#1199 on the plat for Amended Use by Special Review Permit#1199. B. The Department of Public Health and Environment has indicated that Western Mobile neglected to obtain a septic permit for the septic system at the scale/office house for Use by Special Review Permit #1199. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. The plat for Amended Use by Special Review Permit #1199 shall not be recorded until this condition has been met to the satisfaction of the Department of Public Health and Environment. C. The applicant shall address the concerns of the Colorado Geological Survey, Division of Minerals and Geology, outlined in a letter received by the Department of Planning Services November 20, 2000. D. The applicant shall address the concerns and requirements of the Weld County Department of Public Works as outlined in a referral response received in the Department of Planning Services November 2, 2000. 3. 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. 2001- 0152 PL1271 AMENDED USE BY SPECIAL REVIEW PERMIT #1199 - KATHARINE OLIVER PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: AL . J. eile, Chair Weld County Clerk t the oard EXCUSED // Glenn Vaad, Pro-Tem ,l BY: (m( n.1.1 aStogif eputy Clerk to the Board / 'C✓4^-f Wil H. Jet vAPPRaED O ORM: 1 La David E. Long oun . ` : ney '1861 Robert D. Masden 2001- 0152 PL1271 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KATHARINE OLIVER AMUSR#1199 1. The Site Specific Development Plan and Amended Use by Special Review Permit#1199 serves the purpose of amending out 44.42 acres of Use by Special Review Permit#1199 from the existing Sand and Gravel Mining Operation in the (A)Agricultural Zone District as indicated in application materials on file and subject to the Development Standards stated herein. This 44.42 acres will be used as Meadow Vale Phase II. This amendment procedure is a Condition of Approval for both the Change of Zone and the Final Plat of Meadow Vale Phase II. 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to Section 25-12-102, 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. The applicant shall submit any necessary air permit modifications or Air Pollution Emissions Notices to the Air Pollution Control Division of the Colorado Department of Public Health and Environment. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. 2001- 0152 PL1271 DEVELOPMENT STANDARDS - KATHARINE OLIVER (USR#1199) PAGE 2 11. The site shall operate in accordance with all applicable rules and regulations of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 12. The operator shall review the current dust abatement program and submit an updated plan for approval to both the Weld County Departments of Planning Services and Public Health and Environment. 13. An Individual Sewage Disposal System (I.S.D.S.) shall be utilized for any structure constructed on the site in which people will be working, congregating, bathing, etc. Portable toilets may be utilized on sites which are temporary locations of the crusher, etc., for up to six months at each location. 14. A suitable supply of drinking water shall be provided for the employees. 15. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 16. The operation shall comply with the Mine Safety and Health Act (MSHA). 17. The operation shall comply with the Occupational Safety and Health Act (OSHA). 18. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. 19. All construction for temporary and permanent structures on the property shall be in accordance with Chapter 29 of the Weld County Code. 20. The sand and gravel operation, permitted through Use by Special Review Permit #1199 shall comply with all operation policies identified in Section 23-4-290 of the Weld County Code. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 23. 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. 24. 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 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. 2001- 0152 PL1271 DEVELOPMENT STANDARDS - KATHARINE OLIVER (USR#1199) PAGE 3 25. 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- 0152 PL1271 Hello