HomeMy WebLinkAbout990284.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1206 FOR A MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANDESITE ROCK 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 10th day
of February,1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Andesite Rock Company, 3457 Highway 119, Longmont, Colorado
80504, for a Site Specific Development Plan and Special Review Permit #1206 for a mining
operation in the A (Agricultural) Zone District on the following described real estate, to-wit:
SE '/4 of Section 3, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Danna Brand, Rocky Mountain
Consultants, 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. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources." Andesite Rock Company is
currently operating a mining operation adjacent to the subject site
(USR #615). The applicant proposes to remove and store topsoil on the
site while mining is undertaken. The topsoil will be replaced, at a lower
elevation, upon completion of the mining. Additionally, no prime farm
land will be taken out of production with this proposal.
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SPECIAL REVIEW PERMIT#1206 -ANDESITE ROCK COMPANY
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b. Section 24.4.2.2 -- This 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. The proposal for
rock extraction is a use by Right in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal will be compatible with existing
surrounding land uses which include agricultural and commercial
activities, as well as other sand and gravel mining operations in the
general area. West of the site is Western Mobile Mining Operation, to
the North is Barbour Ponds State Recreation Area, to the East is
Interstate 25, and to the South are Commercial uses along State
Highway 119.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Weld
County Mixed Use Development Plan (MUD) indicates that this land is
designated "Limiting Site Factors - Lowest Intensity," and "Employment
Center- High Intensity." The applicant will replace the topsoil on the site
to allow for potential future development as an employment center.
e. Section 24.4,2.5 -- The proposal is located within the Flood Hazard
Overlay District area as shown on FEMA Panel Map#080266-0850C and
within the Mixed Use Development area. 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
which, as stated previously, CM.Goal 2 promotes the reasonable and
orderly development of mineral resources. No other overlay districts
affect this site.
f. Section 24.4.2.6 -- If the use is proposed to be located in the
A (Agricultural) Zone District, that the applicant has demonstrated a
diligent effort to conserve prime agricultural land. No prime farm land will
be taken out of production with this proposal.
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 the 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.
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SPECIAL REVIEW PERMIT#1206 -ANDESITE ROCK COMPANY
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Andesite Rock Company for a Site Specific
Development Plan and Special Review Permit#1206 for a 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 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.
2. 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.
3. The applicant shall comply with appropriate regulations from FEMA regarding a
Letter of Map Revision for any development that will increase or decrease the
base flood elevation in the flood plain as delineated on FEMA Panel Map
#080266 0850C, dated September 28, 1982.
4. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All attached development standards.
2) 10 additional feet of right-of-way shall be delineated on the plat for
Weld County Road 24.5.
3) All setbacks based on future rights-of-way shall be placed on the
plat.
B. The applicant shall submit a Dust Abatement Plan to the Weld County
Health Department for review and approval. The facility shall have
sufficient equipment available to implement the dust control as required
by the Weld County Health Department. Evidence of Health Department
approval shall be submitted to the Department of Planning Services.
C. The applicant shall submit evidence to the Department of Planning
Services that the existing NPDES Permit has been amended from the
Water Quality Control Division of the Colorado Department of Health for
any proposed discharge into state waterways.
D. The applicant shall apply and have approved a Flood Hazard
Development Permit for any structures located within the Flood Plain.
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SPECIAL REVIEW PERMIT#1206 -ANDESITE ROCK COMPANY
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E. The applicant shall submit evidence to the Department of Planning
Services that the existing Emission Permit has been modified for the
increased operation if the Colorado Department of Health determines
such a modification represents a significant change in emissions or
production. If the Colorado Department of Health determines the
increased operation does not require a modification to the existing
Emission Permit, the applicant shall submit information to the Department
of Planning Services which indicates this.
F. The applicant shall enter into a Road Maintenance Agreement with Weld
County Public Works Department for this Use by Special Review Permit
location. The Improvements Agreement will spell out the responsibility of
the parties and designated haul routes.
G The applicant shall meet the requirements of the referral letter from
Colorado Division of Wildlife, dated December 12, 1998.
H. There will be an 80-foot right-of-way across the proposed mining property
for the extension of Weld County Road 7.5, the location of which shall be
determined through the PUD process.
5. No jurisdictional wetlands shall be disturbed prior to obtaining appropriate
permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WF COUNTY, CO ORADO
ATTEST: B pd,,,A
Dale K. Hall, Chair
Welt ► .,-i I%. the Bo rd
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.ci s 4t1a 3i / arbar J. Kirkmeyer, fo-Tem
rk`t _th oard
GeorgefE. axter
it\ ORM: 114-2
M. J. eile
t Attorney 2/fidd)
Glenn
990284
PL1287
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDESITE ROCK COMPANY
USR #1206
1. The Site Specific Development Plan and Special Review Permit is for a concrete batch and
asphalt plant and Open Gravel Mining, 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 existing Emission Permit must be modified for the increased operation if the Colorado
Department of Health determines that such a modification represents a significant change
in emissions or products.
4. The open-pit gravel operation shall comply with the operation policies identified in
Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall
be grounds for the cancellation of the Permit.
5. A Dust Abatement Plan shall be submitted to the Weld County Health Department for
approval prior to operation. The facility shall have sufficient equipment available to
implement the dust control as required by the Weld County Health Department.
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District
Regulations, including:
a. No fill, berms, or stockpiles shall be placed in the One-Hundred (100) Year
Floodplain 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
floodproofed to avoid creation of a health hazard. Following completion of mining,
all temporary buildings shall be removed.
7. Adequate toilet facilities shall be provided for the employees.
8. No new access points shall be allowed from the site to any Weld County roads.
9. All sand and gravel operators shall utilize the designated haul routes within the Mixed Use
Development area.
10. Evidence shall be submitted to the Department of Planning Services that the existing
NPDES Permit shall be amended for the increased operation, if the Water Quality Control
Division of the Colorado Department of Public Health and Environment determines that
such a modification represents a significant change in the discharge.
11. If improvements are required at any State highway access, a State Highway Access Permit
must be obtained from the Colorado Department of Transportation.
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DEVELOPMENT STANDARDS -ANDESITE ROCK COMPANY (USR#1206)
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12. No mining access shall be allowed onto Weld County Road 24.5 or Weld County Road 7.
Utilize main access on to State Highway 119.
13. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
14. 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.
15. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
16. No permanent disposal of wastes shall be permitted at this site.
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
18. Fugitive dust shall be controlled on this site.
19. The applicant shall remove, handle and stockpile overburden soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions.
20. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
21. 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.
22. The facility shall utilize bottled water for employees.
23. The operation shall comply with the Mine Safety and Health Act (MSHA).
24. The operation shall comply with the Occupational Safety and Health Act (OSHA).
25. The applicant shall adhere to legal load limits for any restricted bridges.
26. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary
or permanent, shall be installed in accordance with the requirements of the Uniform Fire
Code and plans for the installation must be reviewed by the Fire District prior to installation.
27. The applicant shall attempt to comply with all requirements of the Fire District.
28. The facility shall utilize the existing vault septic system (G-19910265) and the vault shall be
maintained in a sanitary manner to prevent nuisance conditions, such as odor, flies, etc.
The vaults shall be pumped by a licensed septic tank cleaner.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS -ANDESITE ROCK COMPANY (USR #1206)
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30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
31. The applicant shall continue to work with FEMA to determine whether an application for a
Letter of Map Revision is necessary.
32. 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.
33. 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.
34. 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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