HomeMy WebLinkAbout981071.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT #847 TO CONSIDER AMENDMENT AND COMBINATION INTO
ONE PERMIT, OF USE BY SPECIAL REVIEW PERMIT#847 AND AMENDED
SPECIAL USE PERMIT #369 FOR OPEN CUT GRAVEL MINING IN THE A
(AGRICULTURAL) ZONE DISTRICT, GEISERT PIT - COUNTY OF WELD
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 24th day
of June, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of the County of Weld, 915 10th Street, Greeley, Colorado 80631, for a
Site Specific Development Plan and Amended Special Review Permit#847 to consider
amendment and combination into one permit, of Use By Special Review Permit#847 and
Amended Special Use Permit #369 for Open Cut Gravel Mining in the A (Agricultural) Zone
District on the following described real estate, to-wit:
All that part of the NE% SW'/ and the NW% SE'V4 and the NE%
SE% of Section 31, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Don Carroll 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." This proposal encourages
the extraction of mineral resources prior to development of the site. The
site is currently being mined under Special Review Permit#847 and
Amended Special Use Permit #369. A.Goal 5 also states that the
981071
,1L j A PL0531
SPECIAL REVIEW PERMIT#847 - COUNTY OF WELD
PAGE 2
extraction of mineral resources should preserve or minimize the impact
on prime agricultural land. The property is not currently being farmed and
no prime farmland will be taken out of production.
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 including
open pit mining as a Use by Special Review in the A (Agricultural) Zone
District.
c. Section 24.4.2.3 -- The proposed uses will be compatible with existing
surrounding land uses. The site is currently being mined and the
surrounding uses include other mining operations, as well as existing
businesses and Weld County offices.
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 Districts and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Weld
County Comprehensive Plan encourages sand and gravel mining to
occur prior to the development of the property. The City of Greeley
reviewed the proposal and unanimously recommended approval, as well
as recommending that the applicant comply with the City of Greeley
Entryway Master Plan. However, the portion of the property adjacent to
Eleventh Avenue has been annexed to the City of Greeley and the Weld
County Public Works Department no longer has the authority to install
such landscaping. The conditions of approval do require the applicant to
submit a landscaping plan to the Department of Planning Services for
review and approval.
e. Section 24.4.2.5-- Portions of the site are located within the flood plain.
The conditions of approval require that the applicant amend the existing
Flood Hazard Development Permit to reflect the proposed changes to the
mining areas and comply with all FEMA requirements. The proposal is
not located within any other Overlay District Areas identified by maps
officially adopted by Weld County.
f. Section 24.4.2.6-- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The soils on this site have not
been assigned a classification as to farmland suitability by the USDA Soil
Conservation Service and Colorado State University. Additionally, the
site is currently being mined under two separate Special Use Permits.
No prime farm ground will be taken out of production.
981071
PL0531
SPECIAL REVIEW PERMIT#847 - COUNTY OF WELD
PAGE 3
g. Section 24.4.2.7--The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance, as amended), Operation Standards (Section
24.6 of the Weld County Zoning Ordinance, as amended), Conditions of
Approval, and Development Standards ensure that there are adequate
provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and county.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of County of Weld for a Site Specific Development
Plan and Amended Special Review Permit#847 to consider amendment and combination into
one permit, of Use By Special Review Permit#847 and Amended Special Use Permit#369 for
Open Cut Gravel Mining 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 Amended 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.
2. Prior to recording the plat:
A. A Dust Abatement Plan shall be submitted to the Weld County Health
Department for approval. The facility shall have sufficient equipment
available to implement the dust control as required by the Weld County
Health Department.
B. The existing Emission Permit shall be amended for the increased
operation if the Colorado Department of Health determines that such a
modification represents a significant change in emissions or production.
C. The existing NPDES Permit shall be amended for the increased operation
if the Water Quality Division of the Colorado Department of Public Health
and Environment determines that such a modification represents a
significant change in the discharge.
D. In accordance with the Above Ground Storage Tank Regulations (7 CCR
1101-14) a spillage retention berm shall be constructed around the tank
battery. The volume retained by the spillage berm shall be greater than
the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground
Storage Tank Regulations,.
981071
PL0531
SPECIAL REVIEW PERMIT#847 - COUNTY OF WELD
PAGE 4
E. If applicable, the applicant shall obtain a Storm Water Discharge Permit
from the Colorado Department of Public Health and Environment, Water
Quality Control Division.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO •
1
ATTEST:
Constance L. Harbert, Chair
Weld County Clerk to eJA107/1
�12e
W. H. bster, Pro-Te ,
BY: �► ti ._ �:��� �i
Deputy Clerk to f*y� —� "�
eorge . Baxter
APP D A TO FORM:
Dale K. Hall
r
ounty A torney 7 }_h cypl
Barbara J. Kirkmeyer
981071
PL0531
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COUNTY OF WELD
AMUSR#847
1. The Amended Site Specific Development Plan and Amended Special Use Permit is for
an Open Cut Gravel Mine in the A (Agricultural) Zone District, as indicated in the
application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
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. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7 The applicant shall remove, handle and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
8. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
9. 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., as amended.
10. The facility shall utilize the existing municipal sewage treatment system.
11. The facility shall utilize the existing municipal water supply.
12. Adequate toilet facilities shall be provided for the employees.
13. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance,
14. The open-cut gravel mining operation shall comply with Sections 44.4 and 44.5 of the
Weld County Zoning Ordinance.
15. All sand and gravel operations shall be conducted during the hours of daylight except in
the case of public or private emergency, 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.
981071
PL0531
DEVELOPMENT STANDARDS - COUNTY OF WELD - GEISERT PIT (AMUSR #847)
PAGE 2
16. Any future construction within the floodplain shall require an amendment to the existing
Flood Hazard Development Permit. The site shall maintain compliance all FEMA
requirements at all times.
17. 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.
18. 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.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 44.4 of the Weld County Zoning Ordinance, as amended.
20. 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.
21. 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 Planning Commission
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.
22. 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.
981071
PL0531
Hello