HomeMy WebLinkAbout20002267.tiff RESOLUTION
RE.: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#927 FOR A GRAVEL MINING OPERATION IN THE
A(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CONSTRUCTION COMPANY,
C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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 11th day
of October, 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 Construction Company, 3026 4th Avenue, Greeley,
Colorado 80631, do Weld County Department of Public Works, 1111 H Street, Greeley,
Colorado 80631, for a Site Specific Development Plan and Amended Use by Special Review
Permit#927 for a Gravel Mining Operation in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Part of the NE1/4 SE1/4 and part of the SE1/4
NE1/4 of Section 31, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Amended 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 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 —This proposal is consistent with the Weld County
Comprehensive Plan. The intent of this proposal is to amend out sixteen
(16) acres, more or less, that have not been utilized by the existing
Gravel Mining Operation. CM.Goal 2 states, "Promote the reasonable
and orderly development of mineral resources."
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USE BY SPECIAL REVIEW PERMIT (AMUSR#927) - HALL-IRWIN CONSTRUCTION
COMPANY, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 2
b. Section 24.4.2.2 —The proposal is consistent with the intent of the zone
district in which the use is located. Section 31.4.1 of the Weld Cou-ty
Zoning Ordinance provides for mineral resource development facilities as
a Use by Special Review in the A (Agricultural) Zone District. Further, the
Weld County Planning Commission and the Board of County
Commissioners approved Use by Special Review#927 on February 27,
1991.
c. Section 24.4.2.3 — The uses which will be permitted will be compatiole
with the existing surrounding land uses. Surrounding land uses include
agricultural lands with rural residential development, gravel pits and a
mining operation, the Cache La Poudre River to the north, a second
asphalt and concrete batch plant to the northeast, and bottom land to the
southeast. The Poudre River Trail traverses the amended parcel north of
Weld County Road 62.25. Approval of this use will not jeopardize the
health, safety and welfare of the surrounding property owners.
d. Section 24.4.2.4—The uses which will be permitted 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 City of Greeley's Long Range
Expected Growth Area (LREGA), and is also directly adjacent to the
City's municipal boundaries. The City of Greeley has reviewed this
application and finds the proposed use complies with the policies and
intent of the City of Greeley's Long Range Expected Growth Area Plan
and the City of Greeley's Comprehensive Plan.
e. Section 24.4.2.5 —A majority of the site is located within the Flood
Hazard Overlay District area as shown on FEMA Panel Map number
080266 0609 D. 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 the County flood hazard
regulations..."
f. Section 24.4.2.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land. The subject site has a limited amount
of prime agricultural land. A majority of the property lies within the One
Hundred (100) Year Flood Plain that limits the agricultural productiveness
of the site. Further, the site is an active gravel mining operation
permitted by Use by Special Review Permit#927.
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USE BY SPECIAL REVIEW PERMIT (AMUSR #927) - HALL-IRWIN CONSTRUCTION
COMPANY, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 3
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 the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners cf
Weld County, Colorado, that the application of Hall-Irwin Construction Company for a Site
Specific Development Plan and Amended Use by Special Review Permit#927 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:
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 Plarning
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. The applicant shall adhere to the Conditions of Approval and Development
Standards for Use by Special Review Permit #927 and Amended Use by Special
Review Permit #927, as applicable.
3. All operations on said described parcel shall be in conformance with the Weld
County Flood Regulations, including:
A. Fill materials, berms or stockpiles shall not be placed in the One Hundred
(100) Year Flood Plain on the Cache La Poudre River that would obstruct
passage of flood waters.
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 rerroved.
4. Prior to recording the plat:
A. Any existing NPDES Permit shall be appropriately amended by the Water
Quality Control Division of the Colorado Department of Public Health and
Environment.
B. Any existing emission permit shall be amended by the Air Pollution
Control Division of the Colorado Department of Public Health and
Environment for emissions from the mining operations. If the Colorado
Department of Public Health and Environment determines the operation
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USE BY SPECIAL REVIEW PERMIT (AMUSR #927) - HALL-IRWIN CONSTRUCTION
COMPANY, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 4
does not require a modification to the existing Emission Permit, the
applicant shall submit information to the Department of Planning Services
which indicates this. The site shall operate in accordance with all
applicable rules and regulations of the Air Pollution Control Division.
C. A complete traffic impact study is required for all new gravel pits. Since
this pit is within two (2) miles of a state highway, this study must be
acceptable to the Colorado Department of Transportation, Traffic Section.
This study is underway and will be submitted to CDOT by September 1
2000. Evidence of compliance with CDOT's requirements shall be
submitted to the Department of Planning Services for review and
approval.
5. The Plat shall be amended to delineate the following:
A. Weld County Road 27 is designated on the Weld County Transportation
Plan Map as an Arterial road, which requires one hundred (100) feet of
right-of-way at full build out. The City of Greeley has designated this road
as a Major Arterial requiring one hundred fifty (150) feet of right-of-way at
full build out. There is presently sixty (60) feet of right-of-way. A total of
seventy-five (75) feet from the centerline of Weld County Road 27 shal:
be delineated on the plat as right-of-way reservation for future expansion
of Weld County Road 27. This road is maintained by Weld County.
B. Weld County Road 62.25 is designated on the Weld County
Transportation Plan Map as a local gravel road, which requires sixty (60)
feet of right-of-way at full build out. The City of Greeley has designated
this road as a Major Collector requiring eighty (80) feet of right-of-way at
full build out. There is presently sixty (60) feet of right-of-way. A total of
forty (40) feet from the centerline of Weld County Road 62.25 shall be
delineated on the plat as right-of-way reservation for future expansion of
Weld County Road 62.25. This road is maintained by Weld County.
2000-2267
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USE BY SPECIAL REVIEW PERMIT (AMUSR #927) - HALL-IRWIN CONSTRUCTION
COMPANY, C/C) WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WLD COUNTY, COLORADO
ATTEST: 44 !E1 €J (7 it i\ ' / e 1 //ilk t K l_---
✓ d Barbara J. ' kmeye , Chair ii
Weld County Clerk to :• c %_Oe� ,1/1
2ui►`� / di./r/ ---
J. Gile, Pro-Tern
BY: z-.i .. -. • �'�_%��,: r
Deputy Clerk to the B `V � , s
/ teorge E B Baxter
APPROVED AS TfiFORM:
< i Dale K. Hall
t _ 2 - -
unty A neY •1. /-' L( , ,( 1 ----
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CONSTRUCTION COMPANY,
C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AMUSR #927
1. The Site Specific Development Plan and Amended Use by Special Review Permit#927 is
for a Gravel Mining Operation in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The open-pit gravel operation shall comply with the operation policies identified in
Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall
be grounds for cancellation of the permit.
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. The applicant shall obtain the required Emissions Permit from the Air Pollution Control
Division of the Colorado Department of Public Health and Environment for fugitive dust and
odors.
6. No permanent disposal of wastes shall be permitted at this site.
7. The septic system for the proposed office is required to be designed by a Colorado
registered profession engineer according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
8. An I.S.D.S. evaluation on all existing septic systems will be necessary prior to issuing the
required septic permits on the existing systems.
9. All waste materials shall be handled,stored,and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. The required NPDES Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Public Health and Environment,and/or amended if appropriate
for the decrease in operation.
12. The applicant shall provide restrooms and/or vaulted toilets. Portable toilets are not
acceptable under Weld County regulations.
13. The maximum permissible noise level shall not exceed the Industrial limit as measured
according to Section 25-12-103, C.R.S.
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DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY, GO WELD
COUNTY DEPARTMENT OF PUBLIC WORKS (AMUSR #927)
PAGE 2
14. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
17. 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.
18. 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 o-her
changes shall be filed in the office of the Department of Planning Services.
19. 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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