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HomeMy WebLinkAbout951442.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1085 FOR A DRY PIT GRAVEL MINE OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY PUBLIC WORKS DEPARTMENT, C/O DON CARROLL 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 26th day of July, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of the Weld County Public Works Department, do Don Carroll, 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado 80631-0758, for a Site Specific Development Plan and Special Review Permit #1085 for a dry pit gravel mine operation in the A (Agricultural) Zone District on the following described real estate, to -wit: Located in Section 19, Township 10 North, Range 56 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Don Carroll, Weld County Public Works Department, 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. Reasonable efforts have been made to avoid irrigated crop land. The subject site is used as dryland pasture. b. This proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The open -cut gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. 951442 ; t21 1/G) f icV t rrorl) PL1003 SPECIAL REVIEW PERMIT #1085 - WELD COUNTY PUBLIC WORKS DEPARTMENT PAGE 2 d. The design of the proposed facility and attached Development Standards mitigate negative impacts on the surrounding area to the greatest extent feasible. e. The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. f. No overlay districts affect this site. g. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of the Weld County Public Works Department, c/o Don Carroll, for a Site Specific Development Plan and Special Review Permit #1085 for a dry pit gravel mine 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. The following note shall be placed on the Special Review Plat: a. The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. A Stormwater Discharge Permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 951442 PL1003 SPECIAL REVIEW PERMIT #1085 - WELD COUNTY PUBLIC WORKS DEPARTMENT PAGE 3 5. All conditions of the Department of Transportation must be met. B. Any permanent structure (office, etc.) shall have a permanent septic system installed. 7. 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 production. Prior to recording the plat: a. A dust abatement plan shall be submitted to the Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. g. The applicant shall meet all requirements of the Colorado Department of Transportation, as listed in the letter from Gloria T. Hice-Idler dated June 23, 1995. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Cler BY. Depufy. o APPROVEliaNS T FORM: County Attorn y oard D COUNTY, CO •ORADO arbara J. Kirkmeyer, P FXCI ISFn George E. Baxter FXCI ISFn Constance L. Harbert 1 1 1/7/ / / 7 s ��' / f/ / f W. H. Webster 951442 PL1003 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WELD COUNTY PUBLIC WORKS DEPARTMENT, C/O DON CARROLL USR #1085 1. The Site Specific Development Plan and Special Review Permit is for a dry pit gravel 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 tolection 90 of the Weld County Zoning Ordinance. 3. The open -cut gravel operation shall comply with Sections 44.4 and 44.5 of the Weld County Zoning Ordinance. 4. Fugitive dust shall be controlled on this site. -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. The open -cut gravel mine shall be operated in compliance with the Air Pollution Control Division, Colorado Department of Health, and maintain any required emission permits. 7. No permanent disposal of wastes shall be permitted at this site. 8. The maximum permissible -noise level shall not exceed the industrial limit of 80 db(A), measured according to Section 25-12-102, C.R.S. 9. Any required NPSES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Health. 10. Adequate toilet facilities shall be provided for the employees. 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. -A potable water supply shall be provided for employee use. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 951442 PL1003 DEVELOPMENT STANDARDS - WELD COUNTY PUBLIC WORKS DEPARTMENT (USR #1-085) PAGE 2 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 44.4 of the Weld County Zoning Ordinance. 1B. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emer-0ency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 17. 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. 18. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any otherohanges shall beiile-d in the office of the Department of -Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoingDevelopment Standards may be reason for revocation of the Permit by the Board of County Commissioners. 951442 PL1003 Hello