HomeMy WebLinkAbout991581.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1220 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (CONCRETE
BATCH PLANT) ZONED A (AGRICULTURAL) IN A MUD (MIXED USE
DEVELOPMENT) AREA - FRANCISCO AND MACLOVIO MARTINEZ
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 30th day
of June, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Francisco and Maclovio Martinez, P.O. Box 334, Firestone, Colorado
80520, for a Site Specific Development Plan and Special Review Permit #1220 for a Mineral
Resource Development Facility (concrete batch plant) zoned A (Agricultural) in a MUD (Mixed
Use Development) area, located on the following described real estate, to-wit:
Part of the NW% of Section 35, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on June 30, 1999, the Board deemed it advisable to
continue said matter to July 14, 1999, at 10:00 a.m., to allow the applicant adequate time to
meet with Siegrist Construction Company, surrounding property owner, to negotiate an
agreement regarding the temporary use of the site, and
WHEREAS, at said hearing on July 14, 1999, the applicants were present and
represented by Karen Radakovich, Attorney, 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
Sect on 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:
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a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 reads, "Allow commercial and industrial
uses which are directly related to or dependent upon agriculture to locate
within Agricultural zoning when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available."
Concrete, and its constituent cement, are necessary to the farming
industry. Water, sewer, and transportation services are available to the
site. C.Goal 2 reads, "Ensure the compatibility of commercial land uses
with adjacent land uses." The applicant shall ensure compatibility with
proposed residential land uses on adjacent parcels through meeting
requirements of the Conditions of Approval. MUD.Policy 5 reads, "New
development should demonstrate compatibility with existing surrounding
land use in terms of: general use, building height, scale, density, traffic,
dust and noise." Due to the site's location adjacent to the Waterside
PUD and the proposed high volume of heavy trucks on the site, the
applicant shall provide the Weld County Department of Public Health and
Environment with a Dust Abatement Plan. The Colorado Department of
Transportation (CDOT) may request the applicant to pay for
improvements to the 1-25 Frontage Road to accommodate the increased
truck traffic. A Landscape Plan shall address buffering and screening of
the batch plant from the Waterside PUD, as well as from the 1-25
Frontage Road. MUD.Policy 6.3 reads, "Landscaping requirements
should be determined for the perimeter of the development by reviewing
the density of the proposed land-use development and comparing it to
the surrounding land uses..." Because the batch plant poses an extreme
disparity with the use of the Waterside PUD to the south and the east, the
applicant shall propose dense plantings and possibly the use of walls and
or berms for additional screening on the landscape plan. MUD.Policy 6.5
reads, "New junkyards, salvage yards, landfills, and uses with open
storage areas should be encouraged to locate in areas where they can
be visually screened and can conform to health and safety regulations.
Existing salvage yards and uses with storage areas are encouraged to
visually screen or to relocate to more compatible areas. The intent is to
locate uses with an unattractive appearance and the potential to create
adverse land use impacts to areas where they will not be a negative
inducement for additional high quality development." Due to the
proposed open storage of sand and other batch plant materials the
applicant shall adequately screen open storage areas from 1-25 and the
1-25 Frontage Road and the Waterside PUD to the south and to the east.
MUD.Policy 6.6 reads, "New developments, including major public utility
facilities, should mitigate adverse visual impacts caused by outside
storage, building scale, disturbed native vegetation, and other such
activities by screening and/or buffering." Screening shall be delineated
on the Landscape Plan. MUD.Policy 6.11 reads, "All new development
should comply with the Transportation Section of this plan. Access to
properties shall preserve the existing and future function of roads and
highways affected by the proposed development. All development
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circulation systems should be designed so that they do not disrupt
highway travel. Traffic to be generated by the proposed development
must conform to the recommendations of the Weld County Public Works
Department and the Colorado Department of Transportation. Dedication
and improvements of roads and frontage roads may be required as a
condition of development. CDOT has granted an access permit for the
site that is for fewer cars and trucks than applicant is proposing will use
the site. If car and truck traffic increases beyond the levels permitted by
CDOT, the applicant shall be required to obtain additional access permits
from CDOT and may be required to pay for any improvements to the I-25
Frontage Road to accommodate the increased traffic. MUD.Goal 7
reads, "All new development in the Mixed Use Development area should
pay its own way." As directed in a referral response letter, the Colorado
Department of Transportation notes that "Mr. Martinez needs to be aware
that given the volumes he's proposing to the County and the vehicle
types used at a batch plant, it is very likely that he will be responsible for
improvements to the [l-25] Frontage Road."
b. Section 24.4.2.2 -- Section 2.6.4 of the Mixed Use Development Plan
states, "A minimum landscape setback along 1-25, State Highway 119
and their subsequent frontage roads shall be fifty (50) feet measured
from the existing or planned future right-of-way." The application plot
plan indicates that the location of the batch plant and its related
structures, such as the office, the water storage tank and the liquid
propane tank are all in violation of the setback requirements for this site
when the ninety (90) foot future right-of-way designation from Colorado
Department of Transportation (CDOT) and the fifty (50) foot landscape
setback are considered. Section 31.4.1 of the Weld County Zoning
Ordinance provides for mineral resource development facilities as a Use
by Special Review in the A (Agricultural) Zone District. MUD.C Policy 2.1
reads, "New development shall be encouraged to use innovative siting
and design techniques to cultivate an attractive visual appearance within
the MUD area and preserve prime visual features such as the Front
Range and the St. Vrain River. " Due to the site's location adjacent to 1-25
and the 1-25 Frontage Road, the applicant shall provide screening and
buffering as directed in Section 2.6 of the MUD Development Plan.
MUD.C Policy 2.2 reads, "Landscaping shall be designed to promote
attractive development. Landscaping requirements shall be determined
for the perimeter of the development by reviewing the density of the
proposed land-use development. Landscaping shall be designed to
protect and preserve the appearance and character of the surrounding
area." Due to the site's location adjacent to Waterside PUD, the
applicant shall provide dense plantings and possibly use berms, walls
and fences to screen the site from adjacent properties to the east, south
and west. MUD.C Policy 2.10 reads, "New developments, including
major public utility facilities, shall mitigate adverse visual impacts caused
by outside storage, building scale, disturbed native vegetation, and other
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such activities by screening and/or buffering." The applicant is proposing
outside storage of sand and other batch plant materials. Outside storage
areas shall be adequately screened from adjacent properties. Screening
and buffering shall be delineated on the landscape plan. MUD.C Policy
3.4 reads, "Fugitive dust shall be controlled by practices acceptable to the
Weld County Department of Public Health and Environment and any
other relevant agencies." The applicant shall provide a Dust Abatement
Plan to the Weld County Department of Public Health and Environment.
The applicant shall provide the Weld County Public Works Department
with a proposal for dust suppressant on unpaved areas of the parking lot.
MUD.C Policy 3.5 reads, "Disturbed areas shall be revegetatecl
immediately following construction. In order to minimize wind and soil
erosion, temporary stabilization measures shall be established on all such
areas." Applicant shall propose a Revegetation Plan to the Department
of Planning Services. MUD.C Policy 3.6 reads, "New development shall
be encouraged to select native species for re-vegetation." The
Landscape Plan shall include native species for revegetation. IMUD.C
Policy 4.1 reads, "New development shall demonstrate compatibility with
existing surrounding land uses in terms of general use, building height,
scale, density, traffic, dust and noise." A Dust Abatement Plan shall be
submitted to the Weld County Department of Public Health and
Environment.
c. Section 24.4.2.3 -- The site is located in the Mixed Use Development
(MUD) area and is identified on the Structural Land Use Map (2.1) as an
"Employment Center." Section 2.2.1 of the MUD Development Plan
•
indicates that manufacturing, fabricating and processing or storage uses
can occur in the Employment Center "as long as the use is conducted
entirely within enclosed buildings." Surrounding land uses include
residential to the south and east. Industrial uses such as the batch plant
must utilize dense plantings, as well as other screening and buffering
techniques to provide an aesthetic buffer from adjacent residential uses.
d. Section 24.4.2.4 -- Future development of this area may include the
Waterside PUD to the south and east. The Development Standards and
Conditions of Approval assure that the batch plant will be compatible with
surrounding land uses.
e. Section 24.4.2.5 -- The site is not located within the Overlay District areas
identified with 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 subject property is designated
as "Prime" farmland by the USDA. The portion of the property not used
for the batch plant facility will remain agricultural land.
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g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Francisco and Maclovio Martinez for a Site
Specific Development Plan and Special Review Permit#1220 for a Mineral Resource
Development Facility (concrete batch plant) zoned A (Agricultural) in a MUD (Mixed Use
Development) area 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
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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to reduce the area of the Use by Special
Review Permit from one-hundred and fifteen (115) acres to approximately
7 acres surrounding the proposed batch plant, including the parking and
storage areas.
B. A detailed Landscaping Plan, as directed in Section 2.6 of the Mixed Use
Development Plan, identifying the number, size and species of
landscaping materials/buffering materials, shall be submitted to the
Department of Planning Services for review and approval. The plan shall
also address the planting schedule of grasses and trees, as well as
maintenance of the landscaping materials and potential replacement of
dying materials. Upon approval, the plan shall be delineated on the plat
map.
C. The applicant shall submit to the Department of Planning Services
evidence of verification of approval for a State Highway Access Permit
Application which allows access for up to forty-five (45) employees, as
well as the total number of vehicle trips per day proposed by the
applicant.
D. The plat shall delineate an additional reserved ninety (90) feet of future
right-of-way adjacent to the property line to accommodate the future
widening of 1-25.
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E. The applicant shall submit evidence of approval from the Public Works
Department of a Storm Water Drainage Report to the Department of
Planning Services . The report shall verify the proper sizing of the
detention pond. This report shall be prepared and signed by a registered
professional engineer in the State of Colorado.
F. The applicant shall submit a Parking Plan to the Department of Planning
Services for review. Upon approval by the Weld County Public Works
Department, the parking area shall be delineated on the plat
G. Evidence of an approval from the Weld County Department of Public
Health and Environment shall be given to the Department of Planning
Services for a NPDES Permit from the Colorado Department of Health
and Environment, Water Quality Control Division, for any proposed
discharge into State waterways.
H. Evidence of approval from the Weld County Department of Public Health
and Environment shall be given to the Department of Planning Services
for an Air Pollution Emission Notice and Emissions Permit Application
which must be submitted to the Colorado Department of Health and
Environment, Air Pollution Control Division, for emissions of criteria,
hazardous or odorous air pollutants. Sources of such emissions include,
but are not limited to, the following: sandblasting operations, spray paint
booths, dry cleaners, haul and road traffic, composting, boilers and
incinerators.
A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for approval prior to
operation. The facility shall have sufficient equipment available to
implement the dust control as required by the Weld County Department
of Public Health and Environment.
J. The Colorado Department of Transportation has jurisdiction over all
accesses to the I-25 Frontage Road. The applicant shall provide
evidence to the Department of Planning Services that the Colorado
Department of Transportation confirms that the existing access permit is
sufficient for the proposed batch plant and that any additional
requirements that may need to be required to obtain or upgrade the
permit have been completed.
K. A detailed Reclamation Plan shall be provided to the Department of
Planning Services. The plan shall include a detailed description of the
method of dismantling the batch plant and the types of vegetation,
identifying the number, size and species of landscaping materials to be
proposed in the reclamation. The plan shall include a 24" X 36" map of
the proposed reclamation plan.
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L. The applicant shall enter into a On-Site Improvements Agreement and
Performance Guarantee with the Weld County Public Works Department
for paving the parking area and adding dust abatement to the areas for
outdoor storage and for the landscaped screening and buffer from
adjacent properties.
M. When determined necessary by the Colorado Department of
Transportation (CDOT), all structures associated with the batch plant
shall be moved to a location that is not within the ninety (90) foot future
road reservation asked for by CDOT, and shall not be located within the
fifty (50) foot landscape setback required in the Mixed Use Development
Area.
N. All parking shall meet the requirements set out in Section 2.6.3 of the
Weld County Mixed Use Development Plan Development Standards.
O. Prior to recording the plat the applicant shall submit a Waste Handling
Plan to the Weld County Department of Public Health and Environment.
The plan shall include at a minimum, the following:
1) A list of wastes, liquid and solid, which are expected to be
generated on-site. This should include expected volumes and
types of wastes generated.
2) A list of the type and volume of chemicals expected to be stored
on-site.
3) The waste handler and facility where the waste will be disposed.
Information should include the facility name, address, and phone
number.
P. A letter shall be presented to the Clerk to the Board of County
Commissioners requesting vacation of Use by Special Review
Permit #1220, effective July 15, 2004.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WE-CD-COUNTY,COLORADO
/ /
ATTEST: Lv 1pp�
u"<42) r K. Hall, Chair
Weld County Clerk to the B d1861
1' ' 7-r.ara J. Kirkmeyer, ro-Tem
BY:
Deputy Clerk to the Boar Op D
George EBaxter
2 ��...�
APPR AS TO FORM: A.
v ,'
y M J Geile
A
C my Attorney
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRANCISCO AND MACLOVIO MARTINEZ
USR#1220
1. The Site Specific Development Plan and Special Use Permit is for a Mineral Resource
Development Facility (concrete batch plant)zoned A (Agricultural) in the MUD (Mixed Use
Development) area, as indicated in the application materials on file 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.
3. The applicant shall be required to hard surface (asphalt or concrete)the circulation pattern
throughout the concrete batch area. Adjacent parking areas shall be controlled with dust
suppressant.
4. Due to the number of cars and heavy trucks proposed to be using this site (up to 45
employees),the applicant shall be responsible for future improvements to the 1-25 Frontage
Road.
5. Building foundations shall be engineered by a certified Colorado Engineer.
6. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
7. The properly owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
8. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance. Notwithstanding the
foregoing, starting January 1, 2001, or at the time the first residential building permit for
Siegrist's Planned Unit Development is issued, whichever is later, the operations of the
facility shall be limited as follows:
a. The facility shall operate between the hours of 6:00 a.m. and 6:00 p.m., Monday
through Friday, with trucks occasionally returning to the plant (but no official
operations) after 6:00 p.m.
b. Saturday operations shall be from 8:00 a.m. to Noon (with trucks occasionally
returning to the plant after noon).
c. There shall be no Sunday operations.
d. Operations on New Year's Day, Presidents' Day, Memorial Day, 4th of July, Labor
Day, Thanksgiving or Christmas shall be limited to production of concrete for the
use in construction by the operator and its principals, and shall not be for sale to
third parties.
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9. No permanent disposal of wastes shall be permitted at this site. Recyclable waste
stockpiles shall not exceed 200 cubic yards in volume nor shall material piles exceed fifty
(50) feet in diameter.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
12. Adequate toilet facilities shall be provided for the employees and drivers.
13. 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.
14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
15. The facility shall utilize the existing water supply (Little Thompson Water District).
16. An individual sewage disposal system is required for the proposed residence and shall be
installed according to the Weld County Individual Sewage Disposal regulations.
17. An individual sewage disposal system is required for the proposed control dispatch office
and shall be installed according to the Weld County Individual Sewage Disposal
regulations. The septic system shall be designed to accommodate the proposed hydraulic
load for the employees including the mechanics and drivers (45 people).The septic system
is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal regulations.
18. The applicant proposes to use the existing residence as an office. The septic system has
been evaluated by the Weld County Department of Public Health and Environment and is
adequate to handle up to five office workers.
19. In accordance with the Above Ground Storage Tank Regulations (7 WCR 1101-14), a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should 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.
20. All fly ash shall be contained inside the batch plant while on site.
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21. Personnel from the Weld County Departments of Public Health and Environment and
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.
22. 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 Board of 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.
23. 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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