HomeMy WebLinkAbout961873.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1095 FOR A WET PIT SAND AND GRAVEL MINE IN THE
A (AGRICULTURAL) ZONE DISTRICT -STANLEY L. AND SHIRLEY E.
ODENBAUGH
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 16th day
of October, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Stanley L. and Shirley E. Odenbaugh, 16124 Weld County Road 23,
Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review
Permit#1095 for a wet pit sand and gravel mine in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of the W1/2 SW1/4 of Section 12, Township 3 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were represented by Stanley E. Odenbaugh 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. This proposal is consistent with the Weld County Comprehensive Plan's
Agricultural, 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 Town of Platteville has reviewed this application
and indicated that the proposed use complies with its Comprehensive
Plan.
PL; k Oc/enhal 961052
�� i i ,�' PL1052
SPECIAL REVIEW PERMIT#1095 - STANLEY L. AND SHIRLEY E. ODENBAUGH
PAGE 2
b. This 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 agricultural production, oil and gas structures, and rural
residences.
d. The subject site is located in the Flood Hazard Overlay District area.
Development Standards and Conditions of Approval address this issue.
No other overlay districts affect the site.
e. 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 Stanley L. and Shirley E. Odenbaugh for a Site
Specific Development Plan and Special Review Permit#1095 for a wet pit sand and gravel
mine 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. Prior to recording the Use by Special Review plat:
a. The applicants shall enter into a Road Maintenance Agreement with Weld
County for improvements to Weld County Road 23, from the entrance of
the mining operation south to Weld County Road 32.5. The Road
Maintenance Agreement shall be approved by the Board of County
Commissioners.
b. A dust abatement plan shall be submitted to the Weld County Health
Department for review and approval. Evidence of approval of the dust
abatement plan by the Health Department shall be provided to the
Department of Planning Services.
961873
PL1052
SPECIAL REVIEW PERMIT#1095 - STANLEY L. AND SHIRLEY E. ODENBAUGH
PAGE 3
c. A stormwater discharge permit shall be obtained from the Colorado
Department of Health, Water Quality Control Division, if applicable.
d. The following note shall be placed on the plat:
NOTE: 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.
e. The applicants shall apply for a Flood Hazard Development Permit for the
proposed uses located on the Special Review site.
f. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application shall be submitted to the Air Pollution Control Division,
Colorado Department of Health.
g. The plat shall be amended to show the change in access location
proposed by the applicants. There shall be a direct access to the Special
Review Permit site from Weld County Road 23.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
,h ���, MA WELD COUNTY, COLORADO
1861 cr
_,O y - Barbara J. Kirkmeyer, ., air
�j�, ,, 1. � t Clerk to the Board
ilk ` 4t1 L{-te,,x , `.c',-
®=� j� rge Et. Baxter, ro-T m
Deputy Clerk/. the Board
Dale K. Hall
AP • I AS O FO! : //�
l L Q-7,1Szt ,loo rq
Constance L. Harbert
ounty Attorne / / hiq
W. H. ebster
961873
PL1052
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STANLEY L. AND SHIRLEY E. ODENBAUGH
USR #1095
1. The Site Specific Development Plan and Special Review Permit is for a 6.6-acre, more
or less, wet pit sand and gravel mine 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 sand and gravel operation shall comply with operation policies identified in Sections
44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance. Any violation of these
regulations shall be grounds for cancellation of the Permit.
4. The haul route shall be Weld County Road 23 south to Weld County Road 32.5, then
east to U.S. Highway 85 or west to Weld County Road 21 and then south to State
Highway 66. At no time shall heavy truck traffic associated with this use travel across
restricted Bridge 32.5/23A, rated 17-27-28, if the allowed weight limit is exceeded.
5. Hours of operation shall be daylight hours between 7:00 a.m. and 6:00 p.m., six days
per week, Monday through Saturday.
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay
District requirements, 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. Owners and operators of the Special Review Permit activity shall maintain compliance
with the approved road maintenance agreement with Weld County.
8. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site.
10. Waste materials shall be handled, stored and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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DEVELOPMENT STANDARDS - ODENBAUGH (USR#1095)
PAGE 2
11. Fugitive dust shall be controlled on this site.
12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to 25-12-102, Colorado Revised Statutes.
13. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal regulations. A vault
system will be acceptable.
14. 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.
15. The mining facility shall have sufficient equipment available to implement dust control,
as required by the Weld County Health Department.
16. The water augmentation plan must be approved by the State Division of Water
Resources and a well permit obtained for the mining operation prior to exposure of
groundwater on the Special Review site.
17. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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 herein and all applicable Weld County regulations.
21. The entire Special Review Permit area shall be enclosed within a chain-link fence to
minimize safety hazards, prior to any excavation of sand and gravel materials on this
site. The fencing plan shall be reviewed and approved by the Department of Planning
Services prior to placement on the property. The fencing shall remain and be
maintained by the applicants/landowners until reclamation of the site is completed.
22. All truck traffic generated by the sand and gravel operation shall use the direct access to
Weld County Road 23 as designated on the plat. The shared access road located along
the north boundary of the site shall not be used at any time as a part of the sand and
gravel operation.
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DEVELOPMENT STANDARDS - ODENBAUGH (USR#1095)
PAGE 3
23. The applicants shall maintain the temporary water supply plan in accordance with the
letter dated September 4, 1996, from the State Division of Water Resources until a
water augmentation plan is approved by the Water Court.
24. 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.
25. 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.
961873
PL1052
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