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AEI USR-877
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED SPECIAL
REVIEW PERMIT #877 FOR AN ASPHALT AND CONCRETE BATCH PLANT IN THE
A (AGRICULTURAL) ZONE DISTRICT - C & M AGGREGATES
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 19th day of
April, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of C & M Aggregates, 3333 South Wadsworth, Suite 210, Lakewood, Colorado 80227,
for a Site Specific Development Plan and Second Amended Special Review Permit #877 for an
asphalt and concrete batch plant in the A (Agricultural) Zone District on the following described real
estate, to -wit:
Part of the NW%, Section 17, Township 2
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing on April 19, 1995, the Board deemed it advisable to continue
said matter to April 26, 1995, at 10:00 a.m. to allow compliance with the ten-day sign posting
requirement, and
WHEREAS, at said hearing on April 26, 1995, at 10:00 a.m., Art Uhrich, Engineer, was
present to represent said applicant, 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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PL0468
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SECOND AMENDED SPECIAL REVIEW PERMIT #877 - C & M AGGREGATES
PAGE 2
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's
Mineral Resources, Transportation and Urban Growth Boundary Goals and
Policies. 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. The
City of Longmont has reviewed this case and has no concerns.
b. The proposal is consistent with the intent of the Agricultural Zone District
and is provided for as a Use by Special Review.
c. The uses permitted will be compatible with the existing surrounding land
uses and with the future development of the surrounding area as permitted
by the Weld County Comprehensive Plan. Surrounding land uses include
St. Vrain Creek, pasture, rural residences, and irrigated crops.
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 C & M Aggregates for a Site Specific Development Plan
and Second Amended Special Review Permit #877 for an asphalt and concrete batch plant 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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SECOND AMENDED SPECIAL REVIEW PERMIT #877 - C & M AGGREGATES
PAGE 3
2. Prior to recording the plat:
a. The existing road maintenance and improvements agreement and long term
road maintenance and improvements agreement with Western Mobile, Inc.,
and C & M Ready Mix Concrete Company shall be amended and approved
by the Weld County Board of Commissioners to allow truck traffic west on
Weld County Road 20.5 to Weld County Road 1 from the C & M entrance.
b. The applicant shall submit evidence that the proposed access onto Weld
County Road 20.5 will comply with Weld County Public Works Department
requirements as addressed in the February 24, 1995, memorandum from
Don Carroll.
c. The applicant shall apply for and receive approval from the Division of
Minerals and Geology for a technical revision to its Permit.
d. The existing Emission Permit shall be 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.
e. The applicant shall apply for the appropriate building permit and zoning
permit for the mobile home being stored on the property to replace an
existing office. Additionally, the plat shall be amended to include the
location of the mobile home.
f. The following notes shall be placed on the plat:
i) Mature trees on site shall not be disturbed to the greatest extent
possible. If the mature trees cannot be maintained, the applicant
shall consult with the Division of Wildlife and submit a replanting
plan, approved by the Division of Wildlife, to the Department of
Planning Services.
ii) The applicants shall submit a plan to the Department of Planning
Services indicating how the repairs of potholes along the haul route
will be completed in a more timely manner.
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SECOND AMENDED SPECIAL REVIEW PERMIT #877 - C & M AGGREGATES
PAGE 4
iii) The applicant shall meet with the Department of Planning Services
and the Public Works Department to renegotiate the existing Road
Improvements Agreement. Said agreement shall be submitted to
the Board of County Commissioners for approval.
iv) The applicant shall address fugitive dust control with concerned
citizens, in compliance with Development Standard #7.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of April, A.D., 1995.
ATTEST:
Weld Co
BY:
Deputy Cler
APPROVED AS TO F
my A : rney
BOARD OF COUNTY COMMISSIONERS
CLD OUNTY,
Dal%K. Hall, Chairma
i BarbaraJ. Kirkmeyei Pro7Te
George E"Baxter
FXCIJSPfl flATF C)F SIC;NINr; (AYF).
Constance L. Harbert
1"--N-EXCUSED
W. H. Webster
950905
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
C & M AGGREGATES
SECOND AMENDED USR #877
1. The Site Specific Development Plan and Second Amended Special Review Permit is for an
asphalt and concrete batch plant 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be
submitted to the Air Pollution Control Division, Colorado Department of Health, for emissions
of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are
not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners,
haul road traffic, composting, boilers and incinerators.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. The property shall be maintained in compliance with Section 404 of the Clean Water Act.
10. 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.
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DEVELOPMENT STANDARDS - C & M AGGREGATES
PAGE 2
11. Mature trees on site shall not be disturbed to the greatest extent possible.
12. No new access points shall be allowed from the site to any Weld County roads.
13. The site shall meet the codes and standards of the Mountain View Fire Protection District.
14. The maximum permissible noise level shall not exceed the light industrial limit of 80 db(A),
as measured according to 25-12-102, Colorado Revised Statutes.
15. Adequate toilet facilities shall be provided at this facility. These may consist of an absorption
system, a vault system or maintained port -a -potty facilities.
16. 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.
17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions.
18. Tanks for flammable or combustible liquid storage or dispensing, either temporary or
permanent, need to be installed in accordance with the requirements of the 1991 Edition of
the Uniform Fire Code.
19. If improvements are required at any State highway access, a State Highway Access Permit
must be obtained from the Department of Transportation.
20. The concrete batch plant and asphalt batch plant located on Second Amended USR #877
shall not be located or operated concurrently with a concrete batch plant or asphalt batch
plant located on USR #1046.
21. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
22. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6, and 44 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - C & M AGGREGATES
PAGE 3
24. Personnel from the Weld County Health Department, Weld County Department of Planning
Services and Mountain View Fire Protection 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.
25. 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.
26. 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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PL0468
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