HomeMy WebLinkAbout962024.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1125 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 6th day of
November, 1996, 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, P. O. Box 519, Greeley, Colorado
80632, for a Site Specific Development Plan and Special Review Permit#1125 for a dry sand
and gravel mining operation in the A (Agricultural) Zone District on the following described real
estate, to-wit:
A portion of Sections 30 and 31, Township 6 North, Range 66
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.
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SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CONSTRUCTION COMPANY
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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,
as amended, Natural Resources and Transportation Goals and Policies.
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.
T. Policy 4.4 states: "The County should emphasize maintenance and
upgrading of existing transportation facilities over the provision of new
facilities in order to protect its investment." Through a road maintenance
agreement with the County this development will ensure that adequate
maintenance of Weld County Road 27 is adhered to.
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.
A.Goal 5 states: "The extraction of mineral and oil and gas resources
should preserve or minimize the impact on 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, as amended.
Surrounding land uses include two residences to the northeast, the
Cache La Poudre River to the south, and agricultural production to the
north, west and east.
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.
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SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CONSTRUCTION COMPANY
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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#1125 for a dry 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
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 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 the office, shop building, concrete plant, and any
other 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 the Certificate of Occupancy acceleration and deceleration lanes shall be
constructed on Weld County Road 27 to accommodate truck traffic going north
and south.
6. Prior to any activity in wetlands or streams the applicant shall contact the
Department of the Army Corps of Engineers.
7. The applicant shall apply for and obtain a Flood Hazard Development Permit for
any use that lies in the floodplain.
8. Prior to recording the plat:
a. The applicant shall enter into a road maintenance and improvements
agreement with the Weld County Public Works Department for haul
routes south from the entrance to Weld County Road 27 north to and
including the "O" Street intersection. The agreement shall also include
from the entrance to the facility south to Business US Highway 34. This
agreement shall be approved by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1125 - HALL-IRWIN CONSTRUCTION COMPANY
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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, concrete and
asphalt batching. 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 Count
Health Department for review and approval. A copy of the approved plan
shall be submitted to the Department of Planning Services.
f. The applicant shall meet with Windsor Fire Protection District to
determine the water supply available for fire fighting operations. An
agreement for fire protection between the applicant and the Windsor Fire
Protection District shall be submitted to the Department of Planning
Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
EL
,a � �► L� art A; ✓ sip L
Barbar J. Kirkme er, Chair
_ o ty Clerk to the Board
IW
e . Baxter, Pr -Tem
as, .G�t
Deputy CI CI? to the Board
Dale K. Hall
APP DAST R
Constance L. Harbe
CCCC C y Attorne /Wet
W. H. ter
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CONSTRUCTION COMPANY
USR#1125
1. The Site Specific Development Plan and Special Review Permit is for a 133-acre, more
or less, dry 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, 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 Cache La Poudre 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 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 Windsor Fire Protection District, the U.S.
Fish and Wildlife Service, and the Department of the Army Corps of Engineers.
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DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY (USR #1125)
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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, as amended.
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, as amended.
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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