HomeMy WebLinkAbout20000565 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1255 FOR OPEN CUT GRAVEL MINING AND ASPHALT AND CONCRETE BATCH
PLANTS IN THE A (AGRICULTURAL) ZONE DISTRICT - L. G. EVERIST, 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 22nd day
of March 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of L. G. Everist, Inc., 7321 East 88th Avenue, Henderson, Colorado
80640, for a Site Specific Development Plan and Special Review Permit #1255 for Open Cut
Gravel Mining and Asphalt and Concrete Batch Plants in the A (Agricultural) Zone District on
the following described real estate, to-wit:
S1/2 NW1/4 of Section 30, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Rick Everist 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.
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c. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include residential uses to
the north and east, and agricultural uses surround the property in the
form of crop land and pasture. Planning staff concurs that approval of
this use will not jeopardize the health, safety and welfare of the
surrounding property owners.
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 subject parcel is located
within the three-mile referral area of the Town of Fort Lupton. The Town
of Fort Lupton did not respond to the referral request.
e. Section 24.4.2.5 -- The entire site is located within the Flood Hazard
Overlay District area as shown on FEMA Panel Map #080266 0868C.
The 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#355 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 "Other" and
"Irrigated Land (Not Prime)." None of the subject parcel is identified as
"Prime" agricultural land. All of the property is located within the One
Hundred (100) Year Flood Plain, thus it limits the agricultural
productiveness of the site. The area has historically been utilized as
pasture land.
g. Section 24.3.1.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of L. G. Everist, Inc. for a Site Specific
Development Plan and Special Review Permit#1255 for Open Cut Gravel Mining and Asphalt
and Concrete Batch Plants 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 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.
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2. Prior to recording the plat:
A. The applicant shall submit a Landscaping Plan identifying the number,
size, and species of all plant material to the Weld County Planning
Department for review and approval. This plan shall include
specifications of the proposed berm. The proposed berm will be
extended to mitigate impacts to those homes in the northeast and
southeast corners of the site. Any berm placed in the One Hundred (100)
Year Flood Plain of the South Platte River cannot obstruct passage of
flood flows. The applicant shall use breaks in the berm with landscaping
to fill the void, culverts, or some other method that will allow water to flow
freely.
B. The Weld County Department of Public Health and Environment, Division
of Environmental Health Services, was unable to locate septic permits for
the septic systems serving the existing employee residences. If these
houses are occupied, the systems will require an I.S.D.S. (Individual
Sewage Disposal System) evaluation prior to the issuance of the required
septic permits(s). The review shall consist of observation of the system
and an evaluation of the system's ability to handle the proposed hydraulic
load. In the event the system(s) is found to be inadequate, the system(s)
must be brought into compliance with current Individual Sewage Disposal
System regulations.
C. If the septic systems are used for employees, they shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of
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 Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations.
D. The applicant shall submit a copy of an agreement with the property's
mineral owners stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or that the applicant
has made reasonable accommodations.
E. The applicant shall submit an NPDES Permit to the Water Quality Control
Division of the Colorado Department of Public Health and Environment
for proposed discharge into State waterways. Evidence of approval shall
be submitted to the Weld County Department of Planning Services.
F. An Air Pollution Emission Notice (A.P.E.N.) and Emissions 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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G. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment, Environmental Health
Services, for approval prior to operation. Evidence of said approval by
the Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
H. The applicant shall provide evidence to the Department of Planning
Services that all requirements of the Colorado Geological Survey have
been complied with as stated in a referral received January 13, 2000.
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.
The applicant shall submit a signed copy of an agreement with the
Lupton Bottom Ditch Company regarding the relocation of the ditch.
J. The applicant shall submit a Traffic Impact Study to the Weld County
Department of Public Works for review. All new residential development
with an expected Average Daily Traffic amount greater than 200, and all
new commercial developments will be required to submit a traffic study
as part of the review process. This study shall include a description of
the project, vehicle trip generation and distribution, verification of
adequate acceleration/deceleration and storage facilities at all impacted
intersections, review of bridge capacity, intersection level of service
analysis for existing and proposed conditions, and recommendation for
needed upgrades to transportation infrastructure to support the
development.
K. The applicant shall enter into a Road Maintenance and Improvements
Agreement with the Weld County Department of Public Works for the
designated haul route. This route may affect U.S. Highway 85, so the
Colorado Department of Transportation will review the Traffic Impact
Study and determine whether upgrades or improvements are needed to
utilize the intersection of U.S. Highway 85 and Weld County Road 18
L. The plat shall be amended to include the temporary access road which
shall be a minimum of 30 feet wide. The applicant is indicating a paved
approach with a minimum width of 24 feet to accommodate two-way
traffic and a 40-foot turning radius. The length of the paved approach
shall be a minimum of 100 feet. The gate shall be recessed the length of
a semi tractor trailer. No staging or parking will be allowed on Weld
County Road 18. The traffic study will determine if
acceleration/deceleration or left turn lanes shall be required at this
location. The remaining portion of the access road will be chemically
treated for dust suppressant as determined necessary by the Weld
County Departments of Public Health and Environment or Public Works.
The existing access is being used to accommodate a house and
outbuildings which are not shown on the reclamation plan. Additional
information regarding the access easement shall be submitted to the
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Weld County Department of Public Works if the applicant plans to use
the existing easement to access the property or has plans to utilize the
temporary access road. Evidence of approval by the Weld County
Department of Public Works shall be submitted to the Weld County
Department of Planning Services.
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 22nd day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , /yiki /uu[
Barbara J. kmeyer, Chair
Weld County Clerk to a
/ ZA � ei e, Pro-Tem
BY:
Deputy Clerk to the -'jtU N
►� George E. Baxter
2
APPROVED AS TO FORM: EXCUSED
Dale)K. Hall
CouD/Attorn�ey 1 — "14/4 .6144S
Glenn Vaad J
2000-0565
PL1396
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L. G. EVERIST, INC.
USR#1255
1. The Site Specific Development Plan and Use by Special Review Permit#1255 is for Open
Cut Gravel Mining and Asphalt and Concrete Batch Plants 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 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 of 80 db(A), as
measured according to Section 25-12-102, C.R.S.
8. Adequate toilet facilities shall be provided for the employees.
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 installation of the septic system shall comply with the Weld County Individual Sewage
Disposal System Regulations flood plain policy.
11. An individual sewage disposal system for the proposed office facility shall be installed
according to the Weld County Individual Sewage Disposal System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal System Regulations.
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12. The facility shall utilize bottled drinking water for employees.
13. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
14. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with dredged or fill projects,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.
15. Fugitive dust shall be controlled on the site.
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
18. The operation shall comply with the Mine Safety and Health Act (MSHA).
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 Department of Public Health and Environment.
20. Proper building permits shall be obtained prior to construction, demolition, or excavation,
and any asbestos related inspections shall be conducted as required by Regulation 8 of the
Colorado Air Quality Commission. Part of the permit application process includes a
complete plan review.
21. Permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etc.
22. 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.)
23. Drawings for any building or related projects shall be submitted to the appropriate fire
district.
24. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department,the Fire District,or other
State agencies.
25. 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.
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26. 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.
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
28. 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.
29. At the completion of mining, the access road shall be restored to its existing state and be
reseeded, eliminating multiple accesses onto the Weld County collector status system.
30. Hours of operation may be extended to 24 hours per day with specific permission from the
Weld County Board of County Commissioners at a regular business meeting.
31. The sand and gravel operation shall comply with all operation policies identified in
Section 44 of the Weld County Zoning Ordinance, except for Section 44.4.2, which shall
comply with Development Standard #30.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
34. 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.
35. 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 Board of Commissioners before such
changes are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
36. 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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