HomeMy WebLinkAbout982144.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1199 FOR OPEN CUT GRAVEL MINING AND CONCRETE AND ASPHALT BATCH
PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT (COMBINE SUP #397, USR
#809, USR#1132, AND 98 ADDITIONAL ACRES) -WESTERN MOBILE, 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 4th day of
November, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Mobile, Inc., 1590 West 12th Avenue, Denver,
Colorado 80204, for a Site Specific Development Plan and Special Review Permit#1199 for
Open Cut Gravel Mining and Concrete and Batch Plant in the A (Agricultural) Zone District
(Combine SUP#397, USR #809, USR#1132, and 98 additional acres) on the following
described real estate, to-wit:
Part of Section 4, Township 2 North, Range 68, and part of
Section 9, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Mike Hart, Hart Environmental, 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 -- That the proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources." Additionally, no prime farm
land will be taken out of production with this proposal. This Special
Review Permit addresses existing operations as permitted by SUP#397,
USR #809 and USR #1132.
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SPECIAL REVIEW PERMIT#1199 -WESTERN MOBILE, INC.
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b. Section 24.4.2.2 -- That 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.
c. Section 24.4.2.3 --That the proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural and
commercial activities, as well as other sand and gravel mining operations.
d. Section 24.4.2.4 -- That 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 Plan
or Master Plans of affected municipalities. The site lies in the "limited site
factors" area of the MUD. This area is designated for agricultural uses,
low density residential, primary drainage ways, mature riparian areas,
floodplain and floodway overlays. The majority of the Reclamation Plan
includes areas for recreation and wildlife habitat. The Town of Mead has
no conflict with its interests, the Town of Frederick and The Town of
Firestone did not comment.
e. Section 24.4.2.5 -- The site is located within the Flood Hazard Overlay
District area as shown on FEMA Panel Map#080266 0850 C and the
Mixed Use Development area. The Conditions of Approval and
Development Standards address the issue of the floodplain. MUD.Policy
6.12 of the Weld County Comprehensive Plan requires all new
development to comply with the mineral resource section of the plan.
CM.Policy 5.4 of the Comprehensive Plan states "the operation will
comply with County flood hazard regulations".
f. Section 24.4.2.6 -- No prime farm land will be taken out of production with
this proposal. The majority of this property is already in operation,
permitted by SUP #397, USR#809 and USR#1132.
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 health, safety, and welfare of the inhabitants of the
neighborhood and county.
h. Section 44 --Additional requirements for open mining have been
addressed through this application and the Development Standards will
insure compliance with Section 44 of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Western Mobile, Inc., for a Site Specific Development
Plan and Special Review Permit#1199 for Open Cut Gravel Mining and Concrete and Batch
Plant in the A (Agricultural) Zone District (Combine SUP#397, USR #809, USR #1132, and 98
additional acres) on the hereinabove described parcel of land be, and hereby is, granted subject
to the following conditions:
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SPECIAL REVIEW PERMIT#1199 - WESTERN MOBILE, INC.
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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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All plats will reflect the new alignment of Weld County Road 5.5.
2. The plat shall delineate the land holdings of prior permits
SUP#397, USR#809 and USR#1132.
B. Inadvertently omitted.
C. The applicant shall apply the existing road maintenance and improvement
agreement and long term road maintenance and improvements
agreement. The applicant is not proposing any new haul routes and shall
adhere to the existing route.
D. Any change in the existing operation would reflect an additional
right-of-way dedication for county roads and possible upgrade paving to
meet MUD standards.
E. The applicant shall obtain a resolution vacating USR#397, USR#809 and
USR#1132, and submit evidence to the Weld County Planning
Department.
F. The applicant shall obtain a Flood Hazard Permit for any new structures.
G. The applicant shall submit any necessary Air Permit modifications or Air
Pollution Emissions Notices to the Air Pollution Control Division, Colorado
Department of Public Health and Environment.
H. The operator shall review the current dust abatement program and submit
an updated plan for approval to both the Weld County Planning
Department and the Weld County Health Department and submit
evidence of Health Department approval to the Department of Planning
Services.
The applicant shall apply and be approved for a Flood Hazard
Development Permit for any development that will increase or decrease
the base flood elevation in the flood plain as delineated on FEMA Panel
Map #080266 0850 C, dated September 28, 1982.
3. 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.
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4. The applicant is currently in the process of being acquired by another company.
At such time as the acquiring company becomes officially recognized by the
Colorado Secretary of State, it shall provide notice of such recognition to the
Department of Planning Services staff, and submit to the staff, copies of its
Articles of Incorporation and Certificate of Good Standing.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /a' �/ /' } L�� �
'. Constance L. Harbe , Chair
Weld County Clerk to th So ,\L�•' / 1 1 N 1
i
W. H. W bster, Pro-Tem
BY: , #//L't
Deputy Clerk to the Bo�. � 1 K2C
e . Baxter
D AS TO FORM:
Dalle K. Hall
ounty A orney . A( _ "e l
arbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN MOBILE, INC.
USR#1199
1. The Site Specific Development Plan and Special Use Permit#1199 is intended to
replace previously approved Use By Special Review Permits SUP #397, USR #809 and
USR #1132. The following Development Standards are for Open Pit Sand and Gravel
Mining Operations, including the conveyance of excavated sand and gravel under
Colorado State Highway 119, importation of sand and gravel material, processing and
sales, and concrete and asphalt batch plant operations in the A (Agricultural) Zone
District as described in the previously submitted application materials on file with the
Weld County Department of Planning Services, as well as new application materials
submitted under this Special Use Permit, all of which is subject to the Development
Standards stated herein. The location of the asphalt and batch plant is limited to the
area previously permitted under USR #1132.
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
Section 44 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 Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood
plain of the St. Vrain 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. Fugitive dust shall be controlled on this site.
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. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
10. The NPDES Permit shall be modified from the Water Quality Control Division of the
Colorado Department of Health for any additional discharge into State Waterways.
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11. The site shall operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division.
12. The property owner or operator shall be responsible for complying with the Sign District
Regulations of Section 2.8 of the Mixed Use Development Plan.
13. An individual sewage disposal system shall be installed according to the Weld County
Individual Sewage Disposal 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 crusher, etc. for up to six months at each
location.
14. A suitable supply of drinking water shall be provided for the employees.
15. The operation shall comply with the Mine Safety and Health Act (MSHA).
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
18. The site shall maintain compliance with the Mountain View Fire Protection District, the
U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the Colorado
Division of Minerals and Geology.
19. Mining in the St. Vrain River or Boulder Creek shall be prohibited.
20. No excavation or processing of sand and gravel, nor the creation of any reclaimed lake
boundary shall be permitted nearer than 100 feet to the St. Vrain River or Boulder Creek.
21. All sand and gravel operations shall be conducted during the hours of daylight except in
the case of public or private emergency or to make necessary repairs to equipment. This
restriction shall not apply to operation of administrative and executive offices or repair
and maintenance facilities located on the property in accordance with Section 44.4.2 of
the Weld County Zoning Ordinance.
22. The conveyor crossing over Boulder Creek shall be elevated to allow the passage of
canoes and small boats on the river.
23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
24. No excavation shall occur within 25 feet of an easement.
25. No excavation shall occur within 50 feet of State Highway 119.
26. No excavation shall occur within 250 feet of any existing residence.
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27. Excavation-generated traffic shall utilize the approved haul road, Weld County Road 7,
and shall maintain compliance with the existing Improvements Agreement. In addition,
vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the
Special Review Plat.
28. Lighting provided for security and emergency night operation on the site shall be
designed so that the lighting will not adversely affect surrounding property owners.
29. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive dust,
and the growth of noxious weeds. The site shall be maintained in such a manner as to
present a neat and well-kept appearance.
30. Existing trees 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.
31. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the reclaimed areas.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
34. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
35. There shall be no staging or parking along Weld County Road 7. All parking, loading
and off-loading shall be on-site.
36. Weld County Road 5.5 is designated on the I-25 Mixed Use Development
Comprehensive Plan Map, 2.2 Structural Transportation Network as a two-lane collector
road requiring 80 feet of right-of-way. All setbacks should be from this measurement.
37. Land designated for future development in the Reclamation Plan will be required to meet
Weld County and MUD requirements in future applications. This site is located in an area
designated as "Limited Site Factors". Table 2.1 in the Mixed Use Development Plan lists
designated density and zoning as agricultural uses, low density residential, primary
drainage ways, mature riparian areas, floodplain and floodway overlays.
38. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
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39. 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 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 other
changes shall be filed in the office of the Department of Planning Services.
40. 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.
41. The applicant shall continue to work with FEMA to determine whether an application for a
Letter of Map Revision is necessary.
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