HomeMy WebLinkAbout972638.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1172 FOR A DRY 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 17th day
of December, 1997, 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 Fourth Avenue, Greeley,
Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1172 for a
Dry Sand and Gravel Mining Operation in the A (Agricultural) Zone District on the following
described real estate, to -wit:
W'%NW'% of Section 31, SE% and SANE% of
Section 36, all in Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Gary Tuttle 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 - This proposal is consistent with the Weld County
Comprehensive Plan, as amended. CM. Goal 2 states, "Promote the
reasonable and orderly development of mineral resources." This
proposal encourages the extraction of mineral resources prior to any
development on the site. The site has not been developed. Currently,
the site is fenced pasture land. T. Policy 4.4 further states, "The County
should emphasize maintenance and upgrading of existing transportation
facilities over the provision of new facilities in order to protect its
investment." A Road Maintenance Agreement between Adams County
and the applicant will ensure that adequate maintenance of Weld County
Road 2 is adhered to. A.Goal 5. also states that the extraction of mineral
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SPECIAL REVIEW PERMIT #1172 - HALL-IRWIN CONSTRUCTION COMPANY
PAGE 2
and oil and gas resources should preserve or minimize the impact on
prime agricultural land. The subject property is not prime farm ground.
The impact on surrounding agricultural areas will be minimal. The
Conditions of Approval and Development Standards will ensure that
these goals and policies are met. The Comprehensive Plan encourages
the extraction of mineral resources when the mining plan promotes
reasonable and orderly development of mineral resources.
b. Section 24.4.2.2 - The proposal is consistent with the intent of the
Agricultural Zone District and is provided for as a Use by Special Review.
c. Section 24.4.2.3 - The uses permitted will be compatible with the existing
surrounding land uses and with the future development of the
surrounding areas as permitted by the Weld County Comprehensive
Plan, as amended. 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 this request and offered comments that have
been incorporated into the Conditions of Approval.
d. Section 24.4.2.4 - That the uses which would 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
surrounding zoning is predominantly agricultural which would encourage
sand and gravel mining to occur prior to the development of the property.
e. Section 24.4.2.5 - That the application complies with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations. Portions of
the subject site are in the Flood Hazard Overlay District Area as identified
on FEMA Community Panel 080266 0995 C and 080266 0983 C dated
September 28, 1982. Development Standards and Conditions of
Approval address this issue.
f. Section 24.4.2.6 - That the applicant has demonstrated a diligent effort
has been made to conserve productive agricultural land in the locational
decision for the proposed use. The subject property is not considered
prime farm ground.
g. Section 24.4.2.7 - That adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the
County have been addressed. Conditions of Approval and the
Development Standards will ensure public safety and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hall -Irwin Construction Company for a Site
Specific Development Plan and Special Review Permit #1172 for a Dry Sand and Gravel Mining
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SPECIAL REVIEW PERMIT #1172 - HALL-IRWIN CONSTRUCTION COMPANY
PAGE 3
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
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 15 days of
approval by the Board of County Commissioners.
2. 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.
3. Prior to any activity in wetlands or streams the applicant shall contact the
Department of the Army Corps of Engineers.
4. The applicant shall apply for and obtain a Flood Hazard Development Permit for
any use that lies in the floodplain as identified on FEMA Community Panel
080266 0983 C and 080266 0995 C, dated September 28, 1982.
5. Prior to recording the plat:
a. The applicant shall enter into a Road Maintenance and Improvements
Agreement with Adams County for haul routes east from the entrance on
Weld County Road 2 (168th Avenue) to State Highway 85. A copy of an
approved agreement shall be submitted to the Department of Planning
Services.
b. The plat shall be amended to show the detail of the entrance specifically
identifying the acceleration and the deceleration lanes with lengths and
tapers to accommodate tractor -trailer traffic.
c. A NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health for any proposed
discharge into State Waterways.
d. An Air Pollution Emission Notice and emission permit shall be obtained
from the Air Pollution Control Division of the Colorado Department of
Public Health for emissions from the mining operations. The site shall
operate in accordance with al applicable rules and regulations of the Air
Pollution Control Division.
e. The operator shall submit a dust abatement plan to the Weld County
Health Department for review and approval. A copy of the approved plan
shall be submitted to the Department of Planning Services.
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SPECIAL REVIEW PERMIT #1172 - HALL-IRWIN CONSTRUCTION COMPANY
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f. The plat map shall be amended to show an additional dedicated 20 feet
of right-of-way from the center line of Weld County Road 2 for a total of
50 feet.
9
The applicant shall submit to the Department of Planning Services a well
mitigation plan. The plan shall address and insure ground water levels,
well protection, and water delivery for surrounding well users. The plan
shall also address procedures to mitigate any well damages.
h. The applicant shall submit written evidence that all concerns as stated in
documentation submitted from Bataa Oil, Inc., to the Department of
Planning Services have been adequately addressed.
The applicant shall supply a copy of the substitute supply plan to the
Department of Planning Services.
6. A note shall be placed on the plat which states the applicant shall enter into a
Road Maintenance and Improvements Agreement with the Board of County
Commissioners if, at any time in the future, maintenance of Weld County Road 2
becomes the responsibility of Weld County.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 1997.
ATTEST:
Weld Countyip ¢f
BY
Deputy C
AP" I' ED A
ounty At '. rney
FORM:
BOARD OF COUNTY COMMISSIONERS
WEL!] COUNTY, COLORADO
George E. Baxter, Chair
EXCUSED DATE OF SIGNING
ance L. Harbert, Pro-Tem
Dale K. Hall
.'Barbara J. KirkmeyeV
W. H. Webster
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR #1172
1. The Site Specific Development Plan and Special Review Permit is for a Dry Sand and
Gravel Mining Operation in the A (Agricultural) Zone District, as submitted in the
application materials on file in the Department of Planning Services 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 sand and gravel operation shall comply with operation policies identified in Sections
44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance, as amended. Any violation
of these regulations shall be grounds for cancellation of the permit.
4. 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.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
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. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to Section 25-12-102, Colorado Revised Statutes.
10. 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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DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY (USR #1172)
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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. Drinking water shall be supplied at the aggregate processing plants by delivered bottled
water.
13. The facility must comply with the rules and regulations of the Colorado Division of
Minerals and Geology.
14. There will be no heavy hauling permitted on Weld County Road 23.5 adjacent to the
proposed gravel operation. All ingress and egress to the site will occur onto Weld
County Road 2 (168th Avenue).
15. There will be no stagging or parking of sand and gravel trucks shall be allowed on Weld
County Road 2 (168th Avenue).
16. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
17. 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.
18. 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.
19. Personnel from the Weld County Health Department and Weld County Department of
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 hereon and all applicable Weld County regulations.
20. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing Standards and all applicable Weld County Regulations. Major 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 and the
Board of County 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.
21. 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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