HomeMy WebLinkAbout962279.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1132 FOR A DRY SAND AND GRAVEL MINING OPERATION,
IMPORTATION OF SAND AND GRAVEL MATERIAL FROM AMENDED USR#397,
PROCESSING AND SALES, AND CONCRETE AND ASPHALT BATCH PLANTS IN
THE A (AGRICULTURAL) ZONE DISTRICT -JCK GRAVEL, 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 18th day
of December, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of JCK Gravel, Inc., 4250 West 16th Street, #46, Greeley, Colorado
80631, for a Site Specific Development Plan and Special Review Permit#1132 for a dry sand
and gravel mining operation, importation of sand and gravel material from Amended USR#397,
processing and sales, and concrete and asphalt batch plants in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Located in the SE1/4 of Section 4, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented at said hearing by John Hickman, Western
Mobile, Inc., 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,
Natural Resources and Transportation Goals and Policies.
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SPECIAL REVIEW PERMIT#1132 - JCK GRAVEL, INC.,
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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 and is located on an
existing gravel mining operation.
b. The proposal is consistent with the intent of the Agricultural Zone District
and is provided for as a Use by Special Review.
A.Goal 5 states: "The extraction of mineral and oil and gas resources
should preserve or minimize the impact on prime agricultural land." This
proposal is located on land that has already been impacted by an existing
mining operation and will not negatively impact any existing prime
agricultural land.
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. Surrounding land
uses include a gravel operation to the southwest, a gravel operation
adjacent to the north and west, commercial operations to the east, and
agricultural land to the south.
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 JCK Gravel, Inc., for a Site Specific
Development Plan and Special Review Permit#1132 for a dry sand and gravel mining
operation, importation of sand and gravel material from Amended USR#397, processing and
sales, 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 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.
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SPECIAL REVIEW PERMIT#1132 - JCK GRAVEL, INC.,
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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 utility work within the Weld County road right-of-way, a permit shall
be attained from the Weld County Public Works Department.
4. An individual sewage disposal system shall be installed according to the Weld
County I.S.D.S. regulations for any structure constructed on the site in which
people will be working, congregating, bathing, etc. 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.
5. Prior to any activity in wetlands or streams, the applicant shall contact the U.S.
Army Corps of Engineers.
6. The applicant shall apply for and obtain a Flood Hazard Development Permit for
any use that lies in the floodplain.
7. If the traffic volumes generated by this site have an increase of more than twenty
percent (20%) from the previous use at the connection to State Highway 119, the
applicant shall contact the Colorado Department of Transportation to re-evaluate
the access.
8. Prior to recording the plat:
a. The applicant shall submit evidence to the Department of Planning
Services that the operation is insured to the extent of not less than
$100,000.00 against liability for any negligent act or omission by the
operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with or incidental thereto.
b. A NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Public Health and Environment
for any proposed discharge into State waterways.
c. An Air Pollution Emission Notice and Emission Permit shall be obtained
from the Air Pollution Control Division of the Colorado Department of
Public Health and Environment for emissions from the mining operations
and concrete and asphalt batching. The site shall operate in accordance
with all applicable rules and regulations of the Air Pollution Control
Division.
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d. The operator shall submit a dust abatement plan to the Weld County
Health Department for review and approval. A copy of the approved plan
shall be submitted to the Department of Planning Services.
e. The application for RE#1943 application shall be reviewed, approved,
and all conditions met.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 1996.
;' BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATT T r WE
ISFn HATE OF SIC;NINC; (AYF1
�� ,. Barbara J. Kirkmeyer Chair
Weld oy ty°C$rlctc 0 rd
George E. Baxter, PrP-Tnemi
le' �'d&4Ca- ,5
BY:
Deputy Clerk to t e Board 1i �
Dale K. Hall
7 �
APP D AS TO FO (��7'�-�/e'';�t f'� zieS
Constance L. Harbert
�Z FxMl1SFn
ounty Attorn
II . Webster
962279
PL1061
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JCK GRAVEL, INC.,
USR#1132
1. The Site Specific Development Plan and Special Review Permit is for a 23.01 acres,
more or less, dry sand and gravel mining operation, importation of sand and gravel
material from Amended USR#397 site, processing and sales, and concrete and asphalt
batch plants 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. All Operations on said described parcel shall be in conformance with the Weld County
Flood Hazard Overlay District.
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. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
11. The site shall maintain compliance with the Mountain View Fire Protection District, the
U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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14. 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.
15. 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.
16. 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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EXHIBIT INVENTORY CONTROL SHEET
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