HomeMy WebLinkAbout990757.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW' PERMIT
#1215 FOR OPEN CUT GRAVEL MINING IN THE A (AGRICULTURAL) ZONE
DISTRICT -.WELD COUNTY PUBLIC WORKS DEPARTMENT, ON BEHALF OF
DARRELLIBEARSON
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 7th 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 Weld County Public Works Department, on behalf of Darrell Bearson, 933
North 11th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Special
Review Permit #1215 for Open Cut Gravel Mining in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of Lot 8, Lupton Meadows Subdivision,
Division III Replat, being part of Section 19,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Greg Nelson, Public Works Department,
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 -- That the proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources." Additionally, no prime farm
land will be taken out of production with this proposal.
b. Section 24.4.2.2 -- That the proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning
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SPECIAL REVIEW PERMIT#1215 - WELD COUNTY PUBLIC WORKS DEPARTMENT, ON
BEHALF OF DARFtELL BEARSON
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Ordinance provides for mineral resource development facilities as a Use
by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- That the proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural
activities, including a tree farm, as well as a sand and gravel mining
operation to the west. To the north are home sites located on previously
reclaimed gravel pits.
d. Section 24.4.2.4 -- 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. The Reclamation Plan includes
areas for wildlife habitat and a recreational lake. The City of Fort Lupton
had no conflicts with their interests.
e. Section 24.4.2.5 -- The site is located within the Flood Hazard Overlay
District area as shown on FEMA Panel Map #080266 0866 C. 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 24.4.2.6 -- No prime farm land will be taken out of production with
this proposal. The site is designated as "irrigated land, not prime" and
"other" by the USDA Soil Conservation Service.
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 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, Colo ado, that the application of Weld County Public Works Department, on
behalf of Darrell Bearson for a Site Specific Development Plan and Special Review Permit
#1215 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 Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
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SPECIAL REVIEW PERMIT#1215 - WELD COUNTY PUBLIC WORKS DEPARTMENT, ON
BEHALF OF DARRELL BEARSON
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completed plat shall be delivered to the Department of Planning Services and be
reacy 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 applicant shall submit to the department of Planning Services a
recorded copy of an access agreement signed by all owners of property
which is crossed by the access. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number.
B. The applicant shall obtain a Flood Hazard Permit for any new structures.
C. The applicant shall submit evidence that an Air Pollution Emission Notice
(A.P.E.N.) and an Emissions Permit have been obtained from 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.
D. 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.
E. 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.
F. 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.
G. 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 0866 C, dated September 28, 1982.
H. The applicant shall submit a Landscaping and Buffering Plan to the Weld
County Planning Department for review and approval.
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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PL1298
SPECIAL REVIEW PERMIT#1215 - WELD COUNTY PUBLIC WORKS DEPARTMENT, ON
BEHALF OF DARRELL BEARSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vole on the 7th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, C ORADO
fj
ATTEST: /4F,_ ' " s /
Dale Hall, Chair
Weld Coun tothe Boafd // //
• 4L
/ rbara J. Kirkmeyer, Pro-Tem C�
BY: "
Deputy CI t hf Bo'
eorge4 xter
AP AS TO FORM:
eile
unty Attorney 4/ o.,,
Glenn Va d
990757
PL1298
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY PUBLIC WORKS DEPARTMENT,
ON BEHALF OF DARRELL BEARSON
USR #1215
1. The Site Specific Development Plan and Special Use Permit#1215 is for an Open Pit Sand
and Gravel Mining Operation in the A (Agricultural)Zone District as indicated in application
materials on file in the Department of Planning Services 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. Fugitive dust shall be controlled on this site.
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. The facility shall utilize Port-A-Potties for employees.
10. A safe drinking water source shall be provided for the employees.
11. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
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.
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DEVELOPMENT STANDARDS -WELD COUNTY PUBLIC WORKS DEPARTMENT, ON
BEHALF OF DARRELL BEARSON (USR#1215)
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13. The site shall maintain compliance with the U.S. Fish and Wildlife Service, and the U.S.
Army Corps of Engineers.
14. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
15. The applicant shall not encroach within 1/8 to 1/4 mile from established eagle hunting
perches from November 15 through March 15. The applicant shall contact the Division of
Wildlife to establish the location of hunting perches and the exact size of the buffer zone
required.
16. The sand and gravel operation shall comply with operation policies identified in Section 44
of the Weld County Zoning Ordinance.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
19. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
20. 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.
21. 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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