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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT#897 FOR A SAND AND GRAVEL MINING OPERATION AND
CONCRETE AND ASPHALT BATCH PLANTS IN THE A (AGRICULTURAL) ZONE
DISTRICT - CAMAS COLORADO, 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 29th 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 Camas Colorado, Inc., do Shani Eastin, Tuttle Applegate, Inc., 11990
Grant Street, Suite 304, Denver, Colorado 80233, for a Site Specific Development Plan and
Amended Special Review Permit#897 for a Sand and Gravel Mining Operation and Concrete
and Asphalt Batch Plants in the A (Agricultural) Zone District on the followin; described real
estate, to-wit:
Lot B of Recorded Exemption #1539; being part of
the E1/2NE1/4 of Section 32; also the
NW1/4NW1/4 of Section 33; also the W1/2W1/2 of
Section 33; also the E1/2E1/2 of Section 32; also
the N1/2 of Section 32; also the N1/2S1/2 of
Section 32, all within Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Shani Eastin, Tuttle Applegate, Inc., 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 applicaticn requirements of
Sections 24.7 and 44 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. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources." The proposed use will be
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compatible with surrounding properties which include agricultural uses to
the east, west and north. 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 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 Further, the Weld
County Board of Commissioners approved Use by Special Review#897
in March 1990.
c. Section 24.4.2.3 —The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural lands
with rural residential developments, a dairy with bottom land pasture to
the east, gravel pits and a concrete batch plant to the west, and the
Poudre River to the south. A new subdivision, Poudre River Ranch
Planned Unit Development is immediately to the south of the Cache La
Poudre River and within the City Limits of the City of Greeley. The
Conditions of Approval and Development Standards will ensure that 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
Plans or Master Plans of affected municipalities. The subject parcel is
located within the City of Greeley's Urban Growth Boundary, and is
adjacent to the City of Greeley's corporate limits to the south. The City of
Greeley has reviewed this application and finds the proposed use
complies with the policies and intent of its 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 numbers
080266 0608 D and 080266 0609 C. The Conditions of Approval and
Development Standards address the issue of the floodplain. CM.Policy
5.4 of the Weld County Comprehensive Plan states, ":he 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 which limits the agricultural
productiveness of the site. The area within the flood plain has historically
been utilized as pasture land.
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
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Weld County Zoning Ordinance), Conditions of Apprcval, 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 of
Weld County, Colorado, that the application of Camas Colorado, Inc., Go Shani Eastin, Tuttle
Applegate, Inc., for a Site Specific Development Plan and Amended Special Review
Permit#897 for a Sand and Gravel Mining Operation and Concrete and Asphalt 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
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. The applicant shall adhere to the Conditions of Approval and Development
Standards for the Special Review Permit under Use by Special Review Permit
#897 and Amended Use by Special Review Permit#897, as applicable.
3. Prior to recording the plat:
A. The applicant shall submit an application for a Flood Hazard
Development Permit (FHDP). The FHDP shall be approved prior to the
use occurring.
B. The plat shall be amended to demonstrate conformance with the
Colorado Division of Wildlife referral, dated November 5, 1999. Further,
the applicant shall address the concerns of the Division of Wildlife,
specific to riparian corridors, river corridors and impact on wildlife,
specifically any threatened or endangered species.
C. The applicant shall attempt to address the concerns of the City of
Greeley referral, received November 18, 1999.
D. The applicant shall work with the Poudre River Trail Advisory Board for
possible future alignment of the trail.
E. A designated haul route was identified along with a commitment to install
acceleration and deceleration lanes adjacent to the main entrance off
Weld County Road 27 (83rd Avenue). This item shall also be in effect,
and shall be incorporated into the amendment to Use by Special Review
Permit#897.
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F. The applicant shall attempt to align the main access to the subject parcel
with the entrance to the Hall-Irwin operation, and this shall be delineated
on the plat. Acceleration and deceleration lanes shall be required onto
Weld County Road 27 (83rd Avenue) as per the Improvements
Agreement.
G. The plat shall be amended to delineate additional rights-of-way as
follows:
1. Weld County Road 27 (83rd Avenue) is desigrated on the Weld
County Transportation Plan Map as an arterial road requiring one
hundred (100) feet of right-of-way at full buildout. There is
presently sixty (60) feet of right-of-way. The plat shall delineate
fifty (50) feet of right-of-way reservation from each side of the
centerline for the future expansion of Weld County Road 27.
2. Weld County Road 64 ("O" Street) is designated on the Weld
County Transportation Plan Map as a collector status road
requiring eighty (80) feet of right-of-way at full buildout. There is
presently sixty (60) feet of right-of-way. The plat shall delineate
forty (40) feet of right-of-way reservation from each side of the
centerline for the future expansion of Weld County Road 64.
3. Weld County Road 29 (71st Avenue) has been identified by the
City of Greeley as a major collector road requiring eighty (80) feet
of right-of-way at full buildout. There is presently sixty (60) feet of
right-of-way. The plat shall delineate forty (40) feet of right-of-way
reservation from each side of the centerline for the future
expansion of Weld County Road 29.
H. The applicant shall post adequate collateral and enter into an
Improvements Agreement to include the following:
1. Any required fencing, screening, or landscaping.
The applicant shall submit an amended NPDES Permit 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 to the discharge. Evidence
of compliance shall be submitted to the Weld County Departments of
Public Health and Environment and Planning Services.
J. Upon approval of the NPDES Permit, the applicant shall submit evidence
of approval of the Storm Water Drainage Plan by the Weld County
Department of Public Health and Environment to the Weld County
Department of Planning Services.
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K. The applicant shall modify the existing Air Pollution Emission Notice
(A.P.E.N.) for the increased operation if the Colorado Department of
Health and Environment determines that such a modification represents a
significant change in emissions or production.
L. The applicant shall submit a Dust Abatement Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division, for approval prior to operation. The facility shall have
sufficient equipment available to implement the dust control as required
by the Environmental Health Services Division.
M. Any existing septic system(s) which is not currently permitted through the
Weld County Department of Public Health and Environment,
Environmental Health Services Division, will require an Individual Sewage
Disposal System (I.S.D.S.) evaluation prior to the issuance of the
required septic permit. The review shall consist of an 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 the current I.S.D.S.
regulations. In the event this system will be used for the employees, the
septic system 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.
N. The applicant shall submit a detailed Landscaping and Buffering Plan
identifying the number, size and species of landscaping and buffering
materials to the Department of Planning Services 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.
O. Prior to construction, the applicant shall provide a Site! Plan and
Construction Plan to the Windsor Severance Fire Pro:ection District for
review.
P. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. The plan shall include, at a minimum, the following:
1) A list of wastes which are expected to be generated on the site.
(This should include expected volumes and types of wastes to be
generated.)
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2) A list of the type and volume and chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address and phone number).
4. 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 29th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
XIX gill '
WELD COUNTY, COL RADO
ATTEST: '
I rf s77 \ Barbara J irkmeyer, Chair
Weld County Clerk to ® • ) /
lAY
i r r _-k ak M. J. eile, Pro-Tem
BY: /L • :t,:. .a. ..-1---.> 7 y
Deputy Clerk to the B .J S �' :� r. J ""' —
aeorq E. Baxter
APPROV,Eb AS TO FO \j
—
.l' / Dale K. Hall
County Attorn 41-Mid/ — --
Glenn Vad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CAMAS COLORADO, INC.
USR#897
1. The Site Specific Development Plan and Amended Use by Special Review Permit #897,
is for a Sand and Gravel Mining Operation and Concrete and Asphalt Batch Plants 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. 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 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 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. The applicant shall submit to the Windsor Severance Fire Protection District, an
itemized list of the names, amounts, and location for storage of all hazardous chemicals,
prior to materials being brought to the project site.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. 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.
9. Adequate toilet facilities shall be provided for the employees.
10. In the event the applicant chooses to utilize a new individual sewage disposal system for
the proposed office facility, a new system shall be installed according to the Weld
County I.S.D.S. Regulations, including the I.S.D.S. Flood Plain Policy.
11. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
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12. The facility shall utilize the existing public water supply (Sharkstooth Pipeline).
13. The operation shall comply with all applicable rules and regulations cf 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 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 the
Army, 404 Clean Water Act permit.
15. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
16. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
17. Fugitive dust shall be controlled on this site.
18. In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment.
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. The operations shall comply with the Occupational Safety and Health Act (OSHA).
21. The landscaping on site shall be maintained in accordance with the approved
Landscaping Plan.
22. The access road shall be maintained by the operator and shall be surfaced so as to
provide all-weather driving capabilities.
23. As indicated in the application material, hours of operation will consist of two shifts
during daylight hours, Monday through Saturday. Hours of operation in the winter
months (November through April) will be 7:00 a.m. to 5:00 p.m. and in the summer
months (May through October)will be 7:00 a.m. to 7:00 p.m. with limited hours of
operation during the summer months.
24. Lighting provided for security and emergency night operation on the site shall be
designed so that the lighting will not adversely affect the surrounding property owners.
25. Existing trees, shrubs, 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.
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26. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the reclaimed areas.
27. The sand and gravel operation shall comply with the operation policies identified in
Section 44 of the Weld County Zoning Ordinance.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
30. 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.
31. 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 staled 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.
32. 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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