HomeMy WebLinkAbout990986.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1219 FOR OPEN CUT GRAVEL MINING AND BATCH PLANT IN THE
A (AGRICULTURAL) ZONE DISTRICT - SAND LAND, INC., % PASQUALE AND
JACQUELINE VARRA
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 28th day
of April, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Sand Land, Inc., % Pasquale and Jacqueline Varra, 12910 Weld
County Road 13, Longmont, Colorado 80504, for a Site Specific Development Plan and Special
Review Permit#1219 for Open Cut Gravel Mining and a Batch Plant in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the NE'/ of Section 29, and NW% and
N'/SW'% of Section 28, Township 3 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Bradford James 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
Sections 24.7 and 44 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 24.3.1.1 -- That the proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources."
b. Section 24.3.1.2 -- That the 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 as a Use
by Special Review in the A (Agricultural) Zone District.
990986
cc Pt HZ App) .
PL1300
SPECIAL REVIEW PERMIT#1219 - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA
PAGE 2
c. Section 24.3.1.3 -- That the proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural and
limited residential. Approximately ''A mile to the west is a 1,500-head
feedlot permitted by Special Use Permits#53 and #329.
d. Section 24.3.1.4 -- That the proposed use will be compatible with future
development of the surrounding area as permitted by the existing zoning
and with the future development as projected by the Comprehensive Plan
or Master Plans of affected municipalities. In a referral response dated
February 26, 1999, the Town of Platteville stated concerns regarding
State Highway 66. These concerns have been addressed through the
Conditions of Approval.
e. Section 24.3.1.5 -- Most of the site is located within the Flood Hazard
Overlay District area as shown on FEMA Panel Map#080266 0855 C.
The Conditions of Approval and Development Standards address the
issue of the floodplain. CM.Policy 5.4 of the Comprehensive Plan states
"the operation will comply with County flood hazard regulations".
f. Section 24.3.1.6 -- That the applicant has demonstrated a diligent effort
has been made to conserve prime agricultural land. Only a small portion
of the proposed site is designated "prime". The majority is designated
"other" and "irrigated" by the USDA Soil Conservation Services.
g. Section 24.3.1.7 -- 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 county.
h. Section 44 --Additional requirements for Open Mining have been
addressed through this application and the Development Standards will
insure compliance with Section 44 of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Sand Land, Inc., C/O Pasquale and Jacqueline
Varra for a Site Specific Development Plan and Special Review Permit#1219 for Open Cut
Gravel Mining and a 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
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.
990986
PL1300
SPECIAL REVIEW PERMIT#1219 - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA
PAGE 3
2. Prior to recording the plat:
A. The applicant shall submit to the Colorado Department of Transportation
a traffic study to help determine necessary improvements, as well as
conclude which access will be safest.
B. The applicant shall submit to the Department of Planning Services an
agreement with the Colorado Department of Transportation which will
include any highway improvements deemed necessary.
C. If the haul route is designated to access onto Weld County Road 17, the
applicant shall post adequate collateral and enter into a Road
Maintenance and Improvements Agreement to include the following:
1. The applicant shall upgrade and pave Weld County Road 17
between the existing access and State Highway 66 (haul route)
due to the impact of heavy truck traffic.
2. The applicant shall pave through both radii at the entrance to the
site and directly south.
3. The applicant shall realign Weld County Road 17 at the approach
to State Highway 66 to 90 degrees to accommodate truck traffic
and widening and paving radii to accommodate turning.
D. The applicant shall submit a copy of an agreement with the property's
mineral owners stipulating that the oil and gas activities have adequately
been incorporated into the design of the site.
E. The applicant shall submit evidence from a certified engineer that
encroachment upon the existing residences will not adversely affect the
structures or their existing septic systems. If this is not obtained the
extraction will not be permitted closer than 125 feet from the exterior of
the residences in accordance with Section 44.4.1 of the Weld County
Zoning Ordinance.
F. The applicant shall submit a plan for a storm retention facility to the Weld
County Public Works Department for review and approval. The facility
shall retain storm water runoff from a fully developed site from a
one-hundred (100) year storm. The drainage facility shall be designed to
release the retained water at a quantity and rate not to exceed the
quantity and rate of a five (5) year storm falling on an undeveloped site. If
the proposal is to discharge into the Last Chance or Seep ditch, the
applicant shall provide written permission from the ditch companies to
discharge its' storm water at these locations. Evidence of Public Works
approval shall be submitted to the Department of Planning Services.
990986
PL1300
SPECIAL REVIEW PERMIT#1219 - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA
PAGE 4
G. 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 and Environment. A copy of the A.P.E.N.
shall be submitted to the Weld County Health Department. Evidence of
Weld County Health Department approval shall be submitted to the
Department of Planning Services.
H. The applicant shall submit evidence that an NPDES Permit has been
obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways.
The applicant shall submit a Dust Abatement Plan to the Weld County
Health Department for review and approval. Evidence of Health
Department approval shall be submitted to the Department of Planning
Services.
J. The applicant shall apply for a Department of Army, 404 Clean Water Act
permit and submit evidence of approval to the Department of Planning
Services or submit evidence from the Department of Army that the 404
Clean Water Act permit is not applicable.
K. The applicant shall apply for and be approved for a Flood Hazard
Development Permit for any development that will increase or decrease
the base flood elevation in the flood plain as delineated on FEMA Panel
Map#080266 0855 C, dated September 28, 1982.
L. The applicant shall submit a Landscaping and Buffering Plan to the
Department of Planning Services for review and approval.
M. If the haul route is designated to access onto Weld County Road 17, the
plat shall be amended to delineate the following:
1. All plats will reflect the new alignment of Weld County Road 17.
2. Weld County Road 17 is designated on the Transportation Plan
Map as a local gravel road, which requires 60 feet of right-of-way
at full build out. The plat shall delineate a total of 30 feet from the
centerline of realigned Weld County Road 17 as right-of-way
reservation.
3. A cross section of Weld County Road 17 to reflect two 12-foot
driving lanes with a six foot gravel shoulder. Thickness of asphalt
shall be determined through soils investigations.
N. The plat shall be amended to delineate the following:
990986
PL1300
SPECIAL REVIEW PERMIT#1219 - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA
PAGE 5
1. Weld County Road 17 is designated on the Transportation Plan
Map as a local gravel road, which requires 60 feet of right-of-way
at full build out. The plat shall delineate a total of 30 feet from the
centerline of Weld County Road 17 as right-of-way reservation.
2. State Highway 66 requires 150 feet of right-of-way at full build out.
The plat shall delineate a total of 75 feet from the centerline of
State Highway 66 as right-of-way reservation,
O. The applicant shall obtain a Flood Hazard permit for any new structures.
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 28th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �L EXCUSED
i N ,-.7\
a Dap K. Hall, Chair
Weld County Clerk to the ar p� c`,�y;. . ///
1861 6�f'�_ "t it zL ,,bL o !, x.L�f-n z��4.
. 1,=`-
rO ��� arbar J. Kirkmeyer,�'ro-Tem
BY: > io �u_ i ��
Deputy Clerk to the B tiY�U ke(, / 'llrx
I , (77
H:t/' eorge E. xter
AP D O FORM: �� ."4/4/
Glenn Gei e
ounty ttorney
Glenn Vcg- -{/\
990986
PL1300
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA
USR#1219
1. The Site Specific Development Plan and Special Use Permit#1219 is for Open Pit Gravel
Mining and a Batch Plant in the A (Agricultural) Zone District as indicated in 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 operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms, or stockpiles shall be placed in the One-Hundred (100) Year Flood
Plain of the South Platte River 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 flood
proofed to avoid creation of a health hazard. Following completion of mining, all
temporary buildings shall be removed.
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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. 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.
8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
9. Portable toilets may be utilized on the site which are temporary locations of equipment,
such as a crusher, etc. for up to six months at each location.
10. The facility shall operate in accordance with the approved Dust Abatement Plan at all times.
The facility shall have sufficient equipment available to implement the dust control as
required by the Weld County Health Department.
11. Dust suppressant shall be placed adjacent to the homes being excepted out of the mining
operation.
12. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency including a Letter of Map revision if determined to be
applicable.
990986
PL1300
DEVELOPMENT STANDARDS - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA (USR #1219)
PAGE 2
13. The site shall maintain compliance with the Platteville Fire Protection District, the U.S. Fish
and Wildlife Service, the U.S. Army Corps of Engineers, and the Colorado Division of
Minerals and Geology.
14. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
15. The facility shall operate in accordance with the approved Storm Water Detention Plan.
16. The sand and gravel facility shall be allowed to operate 24 hours a day.
17. The scale house or other structure shall be located so that it is accessible by all employees
of the site. It shall be equipped with a restroom with the appropriate number of toilets (per
the Unified Building Code), hand washing facilities, and a septic system. The septic system
shall be designed by a registered professional engineer, in accordance with the Weld
County Individual Sewage Disposal Regulations.
18. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
19. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners.
20. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust, and erosion.
21. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
22. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Ordinance #169-A.
23. The sand and gravel operation shall comply with operation policies identified in Section 44
of the Weld County Zoning Ordinance, except for Section 44.4.2, which shall comply with
Development Standard 16.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
990986
PL1300
DEVELOPMENT STANDARDS - SAND LAND, INC., % PASQUALE AND JACQUELINE
VARRA (USR#1219)
PAGE 3
26. 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.
27. 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.
28. 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.
990986
PL1300
Hello