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HomeMy WebLinkAbout950905.tiff9509o5 3NI1H0J.YIN AM USR-877 _>@m \ri j0 m¶ • 20 C , O 0. k 0 z; N 2 } IfV88 ;![ Op_ ZE ;z §§ _ z . x I. ` A .2 i[ \ ! )l EL iw ' {{ \ \ R § 0 NOLIWGPINI .0110 2.151.4 N0I1.91ira } } riS ! §§a !!) k , e 0 ; (.) 44,1 a d ... 3N11H31 YIN I 9 °A2 - ORIGINAL PERMIT BOUNDARY Ya, ,t g'Au2 b I 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. 950905 PL0468 dd A'L) i4LJ (?91/I;Z.C4r/c%7 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. 950905 PL0468 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. 950905 PL0468 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 PL0468 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. 950905 PL0468 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. 950905 PL0468 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. 950905 PL0468 Hello