HomeMy WebLinkAbout960328 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1102
FOR A WET SAND AND GRAVEL MINING OPERATION IN THE A (AGRICULTURAL)
ZONE DISTRICT - OWENS BROTHERS CONCRETE 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 6th day of
March, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Owens Brothers Concrete Company, 5550 Sheridan Boulevard, Arvada, Colorado
80002, for a Site Specific Development Plan and Special Review Permit#1102 for a wet sand and
gravel mining operation in the A (Agricultural) Zone District on the following described real estate,
to-wit:
Part of the W'/ of Section 32, Township 3 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Paul Gesso, consultant, and John Owens,
owner, 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. This proposal is consistent with the Weld County Comprehensive Plan's
Natural Resources, Transportation, and Urban Growth Boundary Goals and
Policies. 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. The proposal is consistent with the intent of the Agricultural Zone District and
is provided for as a Use by Special Review.
c. 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 St. Vrain Creek, pasture, rural residences, and irrigated crops.
7)0 f
960328
Lj i/LO°1)i Owen sores; GESSO 961022
SPECIAL REVIEW PERMIT#1102 - OWENS BROTHERS CONCRETE COMPANY
PAGE 2
d. Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and county.
e. Portions of the subject site are in the Flood Hazard Overlay District area.
Development Standards and Conditions of Approval address this issue.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Owens Brothers Concrete Company for a Site Specific
Development Plan and Special Review Permit#1102 for a wet 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 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 recording the Use by Special Review plat:
a. The applicant shall enter into a road maintenance agreement with Weld
County for improvements to the egress/ingress point of the facility, south from
Weld County Road 15 to Weld County Road 24 approximately 1.25 miles to
the nearest paved road. The road maintenance agreement shall be approved
by the Board of County Commissioners.
b. A dust abatement plan shall be submitted to the Weld County Health
Department for review and approval. Evidence of approval of the dust
abatement plan by the Health Department shall be provided to the
Department of Planning Services.
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. The applicants shall apply for a Flood Hazard Development Permit for any
proposed use that lies in the flood plain.
e. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
shall be submitted to the Air Pollution Control Division, Colorado Department
of Health.
960328
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SPECIAL REVIEW PERMIT#1102 - OWENS BROTHERS CONCRETE COMPANY
PAGE 3
f. The applicants shall amend the plat to delineate the designated wetlands that
exist on the site. The office of the Department of the Army should be
contacted prior to any activity in the wetland site.
g. As stated in a memo dated November 27, 1995, from Don Carroll, Project
Coordinator for the Weld County Public Works Department, the applicant
shall show on the plat a typical cross section that includes the County road,
borrow ditches, and the setbacks. The applicant shall also indicate the
vertical and horizontal slopes to the ponds. The dimensions shall be included
on the mylar to verify lengths.
h. The applicant shall amend the Special Use Permit plat to show the areas of
oil and gas interest as stated in a letter dated January 22, 1996, from Susan
Harrison, Land Use Planner, AGRA Earth & Environmental, Inc.
The applicant shall submit an agreement with Gilbert Acord, user of the
laterals crossing the subject property, regarding the relocation of the laterals
to provide continued delivery of irrigation water. A copy of this agreement
shall be provided to the Department of Planning Services.
j. If dewatering occurs, the applicant shall submit an agreement to provide
adequate water for the unregistered wells and springs of Mr. Gilbert Acord,
and a copy of that plan shall be submitted to the Department of Planning
Services. This provision is conditional upon the allowance of the applicant
to place monitoring wells on the property.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of March, A.D., 1996.
BOARD OF COUNTY COM ISSIONERS
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WA?
WELD COUNTY, COLO O
1861 Barbar J. Kirkmeyer air
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. � y Clerk to the Board
j\ I I I • orge . Baxte r -Te
't `'Deputy Clerj o the Board
Dale K. Hall
AP VE AS TO FORM: 2 _�� "�� .
��� Constance L. Harbert
un y Att torney f l Z-12 i Ia '' (,0J1 .2‘,7121C71
W. H. Webster v ('
960328
PL1022
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OWENS BROTHERS CONCRETE COMPANY
USR#1102
1. The Site Specific Development Plan and Special Review Permit is for a 105-acre, more or
less, wet sand and gravel mining operation in the A (Agricultural) Zone District as submitted
in the 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. 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. Any violation of these
regulations shall be grounds for cancellation of the permit.
4. Owners and operators of the Special Review Permit activity shall maintain compliance with
the approved road maintenance agreement with Weld County.
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 25-12-102, Colorado Revised Statutes.
10. Adequate toilet facilities shall be provided on the site. Maintained portable toilets shall be
adequate.
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.
12. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
13. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
15. 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 herein and all applicable Weld County Regulations.
960328
PL1022
DEVELOPMENT STANDARDS - OWENS BROTHERS CONCRETE COMPANY (USR#1102)
PAGE 2
16. The Special Review area shall be limited to the plans shown herein 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.
17. 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.
960328
PL1022
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