HomeMy WebLinkAbout20000188.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT#1172 FORA SAND AND GRAVEL MINING OPERATION IN THE
A(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CONSTRUCTION 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 of County Commissioners held a public hearing on the 9th day of
February, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose cif
hearing the application of Hall-Irwin Construction Company, do Shani Eastin, Tuttle Applegate,
Inc., 11990 Grant Street, Suite 304, Denver, Colorado 80233-1136, for a Site Specific
Development Plan and Amended Special Review Permit#1172 for a Sand and Gravel Mining
Operation in the A (Agricultural) Zone District on the following described real estate, to-wit:
SE1/4 of Section 36, Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on February 9, 2000, the Board deemed it advisable to
continue said matter to March 23, 2000, at 10:00 a.m., to allow adequate time for the applicant
be to present, and
WHEREAS, at said hearing on March 23, 2000, the Board deemed it advisable to
continue said matter to May 24, 2000, at 10:00 a.m., to allow the applicant adequate time to
resolve a lease issue on the property, and
WHEREAS, at said hearing on May 24, 2000, said applicant was represented by Molly
Orkild-Larson, Tuttle Applegate, Inc., 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. A. Goal 2 states, "Allow commercial and industrial
L / ' /2 ACC) (Z--4 200)-0188
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AMENDED SPECIAL REVIEW PERMIT #1172 - HALL-IRWIN CONSTRUCTION COMPANY
PAGE 2
uses which are directly related to or dependent upon agriculture to locate
within Agricultural zoning when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available "
This is an amendment to an existing Use by Special Review Permit for a
gravel mining operation.
b. Section 24.4.2.2-- The proposal is consistent with the intent of the
Agricultural District. Section 31.4.21 of the Weld County Zoning
Ordinance states that "Uses similar to the uses listed above as Uses by
Special Review as long as the use complies with the general intent of the
Agricultural District." The Weld County Planning Commission and I3oard
of County Commissioners approved Use by Special Review Permit#1172
in the Agricultural Zone District in 1998. The amendment to include the
sale of landscape materials compliments the existing permitted use.
c. Section 24.4.2.3 -- The proposal will be compatible with the existinc
surrounding land uses. Surrounding land uses include two residences to
the west, residential uses and the South Platte River to the east, pasture
land to the north, Adams County and sand and gravel mining to the
south. Adams County reviewed Use by Special Review Permit #1172
and was provided an opportunity to respond to this amended application.
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. This amendment is an
expansion of the use permitted through Use by Special Review Permit
#1172.
e. Section 24.4.2.5 -- 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 0995C and #080266 0983C dated September 28, 1982.
Development Standards and Conditions of Approval address this issue.
f. Section 24.4.2.6 -- This amendment does not rest on land classified as
prime farm land.
g. Section 24.4.2.7 -- There is adequate provision for the protection 01 the
health, safety and welfare of the inhabitants of the neighborhood and the
County. The Department of Planning Services has incorporated referral
responses into the 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.
2000-0188
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AMENDED SPECIAL REVIEW PERMIT #1172 - HALL-IRWIN CONSTRUCTION COMPANY
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hall-Irwin Construction Company, Go Molly
Orkild-Larson, Tuttle Applegate, Inc., for a Site Specific Development Plan and Amended
Special Review Permit#1172 for the sale of landscape materials from a site permitted for a
Sand and 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:
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.
2. Prior to recording the plat:
A. The plat shall be amended to include all development standards for Use
by Special Review Permit #1172 on the plat for Amended Use by Special
Review Permit #1172.
B. The applicant shall submit to the Weld County Department of Planning
Services, documentation to indicate this amended use will not require an
amendment to the Flood Hazard Development Permit.
C. The applicant shall use the existing trailer for bathroom facilities. This
trailer is located 100 feet from the proposed trailer location. The plat
shall be amended to illustrate this change.
D. The existing septic system for the existing trailer shall be reviewed by a
Colorado Registered Engineer. The review shall consist of an
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be
submitted to the Weld County Department of Public Health and
Environment, Environmental Health Services Division. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations.
E. The operator shall submit a dust abatement plan for approval to the Weld
County Departments of Public Health and Environment and Plannnirg
Services.
F. All storm water drainage shall flow north toward the pit and into the
dewatering trenches.
G. Weld County Road 2 is designated as an arterial roadway. Access to the
amended site shall be from Weld County Road 2 (168th Avenue) tc the
existing Hall-Irwin Sand and Gravel Mining Operation. No additional
accesses will be granted to Weld County Road 2.
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AMENDED SPECIAL REVIEW PERMIT#1172 - HALL-IRWIN CONSTRUCTION COMPANY
PAGE 4
H. Additional parking areas shall be provided to accommodate the
landscape materials sales. The plat shall be amended to show all
parking areas.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
rVv Eft/> aiduet4 /Barbara J irkmeyer, Chair
tyc1erk to the Board
icsi �, �. ► e 2 / M. J. G ile, Pro-Tem / _--
rte"-4: .L''�-
®e 'fir ''to the Board ` ---
�`�_ —' rge . Baxter
P)EPROr AS TO F M:
B ALE
bale K. Hall
/
County AttoTne ----
�
Glenn Vaad
2000-0188
FL1234
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CONSTRUCTION COMPANY
USR#1172
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1172
is for the sale of landscape materials from a site permitted for a 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.
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 South Platte River which would obstruct passage of flood
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. All liquid and solid wastes (as
defined in the Solid Waste 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 of 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 of 80 db(A), as
measured according to Section 25-12-102, C.R.S.
8. An NPDES Permit shall be obtained from the Colorado Department of Public Health and
Environment, Water Quality Control Division, for any proposed discharge into State
waterways.
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. An Air Pollution Emission Notice and Emission Permit shall be obtained from the Colorado
Department of Public Health and Environment, Air Pollution Control Division,for emissions
from the mining operations. The site shall operate in accordance with all applicable rules
and regulations of the Air Pollution Control Division.
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DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY (USR #1172)
PAGE 2
11. No permanent structures are proposed for this site. Portable toilets may be utilized on sites
which are temporary locations of the working face and portable processing equipment,etc.
for up to six months at each location.
12. The facility shall utilize bottled water for the employees and public.
13. The facility must comply with the rules and regulations of the Colorado Division of M nerals
and Geology.
14. Adequate toilet facilities shall be provided for the employees and customers.
15. No parking or staging of vehicles shall be allowed on the existing access road to the sand
and gravel operation adjacent to the amended landscaping material area. The designated
parking area is the only parking area to be utilized.
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
17. All construction for temporary and permanent structures on the property shall be in
accordance with the Weld County Building Code Ordinance.
18. As indicated in the application materials, hours of operation shall start at 6:30 a.m. and
cease at 5:30 p.m., Monday through Saturday.
19. 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.
20. 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.
21. 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 U.S. Army Corps of Engineers, Omaha District, shall be
contacted by a proponent of the project for proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the Clean Water Act.
22. The sand and gravel operation and the landscape materials operation shall comply with all
operation policies identified in Section 44 of the Weld County Zoning Ordinance except
Section 44.4.2 regarding hours of operation which shall comply with Development
Standard 21.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY (USR #1172)
PAGE 3
25. 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.
26. The Special Review Permit 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.
27. 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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