HomeMy WebLinkAbout20003018.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#1125 FOR AN OPEN CUT GRAVEL MINING
OPERATION, ASPHALT AND CONCRETE BATCH PLANTS, AND A RECYCLING
PLANT IN THE A(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CORPORATION
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 27th day
of December, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Hall-Irwin Corporation, c/o Danna Ortiz, Rocky Mountain Consultants,
Inc., 825 Delaware Avenue, Suite 500, Longmont, Colorado 80501, for a Site Specific
Development Plan and Amended Use by Special Review Permit#1125 for an Open Cut Gravel
Mining Operation, Asphalt and Concrete Batch Plant, and a Recycling Plant in the A
(Agricultural) Zone District on the following described real estate, to-wit:
E1/2 SW1/4 of Section 30, and NE1/4 NW1/4 of
Section 31, all in Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Danna Ortiz at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources."
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning
Ordinance provides for mineral resource development facilities as a Use
by Special Review in the A (Agricultural) Zone District.
2000-3018
CjC - f/_) bcb=of, / L7 A/2K _ i) tic
PL0043
SPECIAL REVIEW PERMIT #1125 - HALL-IRWIN CORPORATION
PAGE 2
c. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include pasture and
cultivated fields to the north, east and west and the Cache La Poudre
River to the south. There are residences located to the east, west, north
and northwest of the proposed expansion area. Development Standards
will help to ensure that the existing residences will be screened and
buffered from the proposed expansion sites and batch plant.
d. Section 24.4.2.4 --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. The City of Greeley, in its
August 24, 2000, referral response, indicated the proposal does not
conflict with its interests and recommended approval subject to the
applicants meeting the requirements of the Colorado Division of Wildlife.
The City of Windsor, in its November 8, 2000, referral response also
indicated the proposal does not conflict with its interests.
e. Section 24.4.2.5 -- The majority of Parcel 2 and a portion of Parcel 1 (as
indicated in the proposed extraction plan) are located within the Flood
Hazard Overlay District area as shown on FIRM Panel Map #080266-
0608D, dated September 28, 1982. Conditions of Approval and
Development Standards address the issue of the floodplain. CM.Policy
5.4 of the Comprehensive Plan states, "the operation will comply with
County flood hazard regulations." Flood Hazard Development Permit
#378 is being processed by the Weld County Department of Planning
Services.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land. The parcel is designated as "Prime" and
"Irrigated Land (Not Prime)." A portion of the property (a majority of
Parcel 1 and a portion of Parcel 2 as indicated on the proposed extraction
plan) is located within the One Hundred (100) Year Flood Plain, and thus
it limits the agricultural productiveness of the site. Approximately the
northern 30-40 acres of Parcel 1 (just south of Weld County Road 64.5)
are indicated as irrigated crop land on the proposed Reclamation Plan.
g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
2000-3018
PL0043
SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CORPORATION
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hall-Irwin Corporation for a Site Specific
Development Plan and Use by Special Review Permit#1125 for an Open Cut Gravel Mining
Operation, Asphalt and Concrete Batch Plant, and a Recycling 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 plat. 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 thirty (30) days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. 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 for the existing
residences to the north, northwest, west and the existing residence to the
north of the existing batch plant. The applicant shall also provide
adequate screening and buffering from Weld County Road 64.5 and 83rd
Avenue. The applicant shall provide a berm or other acceptable method
of screening. Any berm placed in the One Hundred (100) Year Flood
Plain of the Cache La Poudre River can not obstruct passage of flood
flows. The applicant shall use breaks in the berm with landscaping to fill
the void, culverts, or other methods shall be utilized to allow water to flow
freely.
B. If there are any fueling operations proposed on site, the applicants shall
submit information for review and approval by the Windsor-Severance
Fire Protection District. Evidence of the Windsor-Severance Fire
Protection District shall be submitted to the Department of Planning
Services.
C. The existing NPDES Permit must be amended for the increased
operation if the Water Quality Control Division of the Colorado
Department of Public Health and Environment determines that such a
modification represents a significant change in discharge. Evidence of
the determination of the Water Quality Control Division of the Colorado
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
D. The existing Emissions Permit must be modified for the increased
operation if the Air Pollution Control Division of the Colorado Department
of Public Health and Environment determines that such a modification
represents a significant change in emissions or production.
2000-3018
PL0043
SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CORPORATION
PAGE 4
E. A Dust Abatement Plan shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment, for approval prior to operation. Evidence of Health
Department approval shall be submitted to the Department of Planning
Services.
F. The applicant shall provide evidence to the Department of Planning
Services that all requirements of the Division of Minerals and Geology
have been complied with. This includes having either the Mined Land
Reclamation Board or the Department of Urban Drainage review the plan
to evaluate what reinforcement may be required during floods.
G. Weld County Road 27 (83rd Avenue) is designated on the Weld County
Transportation Plan Map as an arterial status road requiring a 100-foot
right-of-way at full build out. The applicant shall reserve an additional 20-
foot right-of-way adjacent to Weld County Road 27. A total of 50-feet
from the centerline of Weld County Road 27 shall be delineated on the
plat as right-of-way for future expansion of Weld County Road 27.
H. Weld County Road 64.5 is designated on the Weld County
Transportation Plan Map as a collector status road, which requires an 80-
foot right-of-way at full build out. The applicant shall reserve an
additional 10-foot right-of-way adjacent to Weld County Road 64.5. A
total of 40-feet from the centerline of Weld County Road 64.5 shall be
delineated on the plat as right-of-way for future expansion of Weld
County Road 64.5.
The applicant shall apply for, and receive, a building permit for the
identification sign adjacent to 83rd Avenue.
J. The words "Landscape Materials, and "Wholesale/Retail" shall be
removed from the identification sign adjacent to 83rd Avenue.
K. The applicant shall address the concerns of the property owner adjacent
to mining parcels 1 and 3 concerning any permitted or registered
domestic wells. Evidence of such shall be submitted in writing to the
Department of Planning Services.
3. Prior to Construction:
A. Proper building permits shall be obtained prior to any construction,
demolition, or excavation. Part of the permit application process includes
a complete plan review.
B. Permits are required for all electrical work including electrical services for
dewatering pumps, rock crushers, construction trailers, site lighting, etc.
2000-3018
PL0043
SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CORPORATION
PAGE 5
C. All excavation shall meet the requirements of Appendix Chapter 33 of the
1997 Uniform Building Code. (Appropriate Colorado State agencies
should be consulted for additional regulations or requirements.)
D. Drawings for any building or related projects shall be submitted to the
appropriate fire district.
4. Prior to December 31, 2001, the applicant shall meet with the Department of
Public Works to verify the location of reconfiguration and determine if
realignment would conflict with proposed Pond "H" on the Reclamation Plan.
Evidence of verification shall be submitted to the Department of Planning
Services as well as verification that conflict with 83rd Avenue has been avoided
prior to mining the far easterly portion of Pond "H."
5. 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 27th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
fr'
ATTEST " M A 1.4 4n, ./,S-. �fi,U
Barbara J. ' kmeye , Chair (/
( weld CounWQW40-Courity,-,C0 the Board ,
'/ 7. M. eile,Prot- em
Et9'pttY o the Board c -e '2(4,1
rge . Baxter
APP D AS T F M: 4 �:
Dale K. Hall
my Att mey 1
Glenn Vaad---
2000-3018
PL0043
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CORPORATION
USR#1125
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1125
is for an Open Cut Gravel Mining Operation, Asphalt and Concrete Batch Plants, and a
Recycling Plant 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 90 of the Weld
County Zoning Ordinance.
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 Cache La Poudre 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 (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. The maximum permissible noise level shall not exceed the industrial limit as measured
according to Section 25-12-103, C.R.S.
8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
9. The facility shall utilize the existing septic system at the scale house. Portable toilets shall
be used for the processing area.
10. Fugitive dust shall be controlled on the site.
11. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
2000-3018
PL0043
DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (AMUSR#1125)
PAGE 2
12. The applicant shall obtain a Department of Army 404 Clean Water Act Permit if any work
associated with this project requires the placement of dredged 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, ponds or
wetlands at this location.
13. The operation shall comply with the Occupational Safety and Health Act (OSHA).
14. The operation shall comply with the Mine Safety and Health Act (MSHA).
15. 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.
16. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review.
17. Permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etc.
18. All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform
Building Code. (Appropriate Colorado State agencies should be consulted for additional
regulations or requirements.)
19. Drawings for any building or related projects shall be submitted to the appropriate fire
district.
20. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Department of Building Inspection, the Fire District, or
other State agencies.
21. 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.
22. Setbacks shall be a minimum of 25 feet from all adjacent property lines and adjacent right-
of-ways.
23. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
24. 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 Ordinance #169-A.
25. No additional accesses shall be granted from Weld County Road 64.5 to the facility.
2000-3018
PL0043
DEVELOPMENT STANDARDS - HALL-IRWIN CORPORATION (AMUSR #1125)
PAGE 3
26. The sand and gravel operation shall comply with all operation policies identified in Section
44 of the Weld County Zoning Ordinance.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
29. 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.
30. 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.
31. 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.
2000-3018
PL0043
Hello