HomeMy WebLinkAbout20000039.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution including the addition of Development Standards 10, 11,
12, and 13 with subsequent renumbering be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
Planner: Anne Best Johnson
Case Number: USR-1237 .
Applicant: Loveland Ready Mix Concrete, Inc. •
Address: PO Box 299 Loveland, CO 80539
Request: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel fining
and a Batch Plant in the (A)Agricultural zone district.
Legal Description: Part of NE 1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld
County, CO.
Location: West of and adjacent to State Highway 257; Approximately % mile north of State Highway
60
be recommended favorably to the Board of County Commissioners for the following reasons:
1. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1--That the proposal is consistent with the Weld County Comprehensive Plan,
as amended:
CM.Goal 2 states, "Promote the reasonable and orderly development of mineral resources."
Conditions of Approval and Development Standards will mitigate any potential negative
impacts on surrounding property.
b. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land
uses. Conditions of Approval and Development Standards will mitigate any potential
negative impacts on surrounding property.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the 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 30 days of approval by the Board of County Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. The plat shall be amended to demonstrate conformance with the Colorado Division of Wildlife
referral, received July 14, 1999. In addition, the plat shall be amended to include a 20 foot
EXMF�I♦ mining setback from surrounding properties. (Planning Dept.)
2000-0039
_1454,;‘,37
RESOLUTION, USIR-1237
Loveland Ready Mix
Page 2
B. The applicant shall provide evidence to the Department of Planning Services that
the concerns of the Division of Water Resources, noted in a memo received on
August 5, 1999, have been addressed. (Planning Dept.)
C. The plat shall be amended to delineate a total of 75 feet of reserved right-of-way for State
Highway 257. Weld County Road 48.5 is designated on the Transportation Plan Map as a
local 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. The plat shall delineate a total of
30 feet right-of-way from the center line of Weld County Road 48.5. (Public Works)
D. The plat shall be amended to address the concerns of the Division of Minerals and
Geology as outlined in a memo dated July 22, 1999. (Planning Dept.)
E. The applicant shall submit a landscaping, buffering and maintenance plan to the Weld County
Planning Department for review and approval. The plan shall include sufficient buffering and
screening between the proposed use and all existing homes and public rights-of-way, as well
as a maintenance plan for the life of the mining operation. (Planning Dept.)
F. The applicant shall post adequate collateral and enter into a Road Maintenance and
Improvements Agreement to include the following:
1. The applicant shall upgrade and pave Weld County Road 48.5 for approximately
2,000 feet west of State Highway 257 through the west entrance. The cross-section
for this road shall reflect 24-feet of asphalt with six-foot gravel shoulders. Depth of
asphalt and base or full-depth asphalt will be determined through soil investigation.
(Public Works)
2. Any required fencing, screening, or landscaping. (Planning Dept.)
G. The applicant shall submit a copy of an agreement with the property's mineral owners
stipulating that the oil and gas activities have adequately been incorporated into the design
of the site or that the applicant has made reasonable accommodations. (Planning Dept.)
H. The applicant shall indicate how Section 31.5.5 of the Weld County Zoning
Ordinance shall be applied to this property. (Planning Dept.)
The applicant shall submit an NPDES Permit to the Water Quality Control Division of the
Colorado Department of Health for proposed discharge into State Waterways. Evidence of
approval shall be submitted to the Weld County Department of Public Health and
Environment. (Dept. Of Public Health and Environment)
J. Upon approval of the NPDES Permit, the applicant shall submit evidence of Weld County
Public Health and Environment approval of the storm water drainage plan to the Weld County
Planning Department. (Planning Dept.)
K. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be
submitted to the Air Pollution Control Division, Colorado Department of Health and
Environment for emissions of criteria, hazardous or odorous air pollutants. Sources of such
emissions include but are not limited to the following : sandblasting operations, mining, spray
paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. A copy of
the A.P.E.N. shall be submitted to the Weld County Health Department. Evidence of Weld
County Health Department approval shall be submitted to the Weld County Planning
Department. (Health Dept.)
RESOLUTION, USR-1237
Loveland Ready Mix
Page 3
L. The applicant shall submit a dust abatement plan to the Weld County Health Department for
review and approval. Evidence of Health Department approval shall be submitted to the
Department of Planning Services. (Health Dept.)
M. The applicant shall provide evidence to the Department of Planning Services that all
requirements of the Colorado Department of Transportation have been complied with.
(Planning Dept.)
N. The applicant shall supply a storm water drainage report. The design shall retain the storm
water runoff from a fully-developed site from a 100-year storm. The drainage facility shall be
designed to release and retain water at a quantity and rate not to exceed the quantity and
rate of a ten-year storm falling on an undeveloped site. (Public Works)
O. The applicant shall apply for and be granted a flood hazard development permit with
the Weld County Department of Planning Services. (Planning Dept.)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Planning Dept.)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Jack Epple
Arlan Marrs Stephen Mokray
John Folsom Fred Walker
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Vice Chair declared the resolution passed and ordered that a certified copy be forwarded with
the file of this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution is a true copy of the resolution of the Planning Commission
of Weld County, Colorado, adopted on November 16, 1999.
Dated the 16th of November, 1999.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Loveland Ready Mix
USR-1237
1. The Site Specific Development Plan and Special Use Permit#1237 is for Open Pit Gravel Mining
and a Concrete Batch Plant in the "A" (Agricultural) Zone District as indicated in application
materials on file in the Department of Planning Services and subject to the Development
Standards stated herein. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning Dept.)
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
St. Vrain River which would obstruct passage of flood flows. (Planning Dept.)
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. (Planning Dept.)
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
8. Adequate toilet facilities shall be provided for the employees and customers. Port-a-lets shall
be provided at the processing plant. Portable toilets may be utilized on sites which are
temporary locations of the working face for up to six months at each location. (Health Dept.)
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. (Health Dept.)
10. The import of material for the production of concrete shall be allowed for 6 months, thereafter
using material mined at the site. (Planning Commission)
11. When the mining process moves across the river,the method used to transport the material shall
be a conveyor instead of trucks or heavy equipment. (Planning Commission)
12. No commercial gravel sales shall will be allowed from the site. (Planning Commission)
13. The number of mixer trucks will be limited to twelve at any one time. (Planning Commission)
14. The installation of any septic system within the 100-year floodplain shall comply with the Weld
County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no
septic systems shall be installed within the floodway. (Health Dept.)
15. Individual sewage disposal systems are required for the proposed control dispatch office and
shop which shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic systems shall be designed to accommodate the proposed hydraulic
load for the employees. The septic systems are required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Health Dept.)
16. The facility shall utilize the Little Thompson Water Supply. Drinking water shall also be supplied
by delivered, bottled water. (Health Dept.)
17. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals & Geology. (Health Dept.)
18. If any work associated with this project requires the placement of dredged or fill material, and
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, the applicant shall obtain a Department of Army, 404 Clean Water Act permit. (Planning
Dept.)
19. 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 Health Dept. (Health Dept.)
20. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14), a spillage
retention berm shall be constructed around all fuel tanks. Alternative protection measures may
be allowed provided they comply with the Above Ground Storage Tank Regulations. (Health
Dept.)
21. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash
away during flooding, shall be securely anchored and adequately flood-proofed to avoid creation
of a flood hazard. (Health Dept.)
22. Fugitive dust shall be controlled on the site. (Health Dept.)
23. According to the applicant, all fly ash and cement shall be contained within a proposed silo.
(Health Dept.)
24. A permit from the Army Corps of Engineers shall be obtained for the second half of the
operation which requires a low water crossing over the Big Thompson River. (Health Dept.)
25. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify
the boundaries of the site. (Planning Dept.)
26. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning Dept.)
27. The facility shall operate in accordance with the approved storm water detention plan. (Public
Works)
28. The internal road system shall be treated with chemical stabilization to control dust. (Public
Works)
29. As indicated in the application material hours of operation shall start at 5:30 a.m. Mining and
processing shall cease at 7:00 p.m. Maintenance and repair operations shall cease at midnight.
The applicant shall be allowed to operate 24 hours per day, 7 days a week to fulfill Government
Contracts. (Planning Dept.)
30. 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. (Planning Dept.)
31. 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. (Planning Dept.)
32. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Planning Dept.)
33. 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 169A. (Public Works)
34. The sand and gravel operation shall comply with all operation policies identified in Section 44
of the Weld County Zoning Ordinance except 44.4.2 regarding hours of operation which shall
comply with Development Standard 22.
35. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance, as amended.
36. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 24.6 of the Weld County Zoning Ordinance, as amended.
37. Personnel from the Weld County Health Department and Weld County Planning Department
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.
38. The 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 Planning Commission 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.
39. 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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