HomeMy WebLinkAbout981680.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1194 FOR A SAND AND GRAVEL MINING OPERATION IN THE A
(AGRICULTURAL) ZONE DISTRICT -WILLIAM AND MARGARET KOBOBEL
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 9th day of
September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of William and Margaret Kobobel, 7909 Weld County Road 5, Longmont,
Colorado 80504, for a Site Specific Development Plan and Special Review Permit#1194 for a
Sand and Gravel Mining Operation in the A (Agricultural) Zone District on the following described
real estate, to-wit:
E'M NW%4 of Section 15, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Gary Tuttle 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, as amended. 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 -- 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 as a Use
by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal will be compatible with existing
surrounding land uses which include agricultural and commercial
981680
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SPECIAL REVIEW PERMIT#1194 -WILLIAM AND MARGARET KOBOBEL
PAGE 2
activities, as well as other sand and gravel mining operations in the
general area.
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 District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. Referral
packets were sent to the Towns of Firestone and Frederick; however,
neither Town responded. Staff then contacted both Towns by phone. Ed
Tagliente, Town of Frederick, indicated that the property is outside the
Town's planning area and the Town has no conflict. As of July 13, 1998,
the Town of Firestone had no comment.
e. Section 24.4.2.5 -- The proposal is located within the Mixed Use
Development area. MUD Policy 6.12 of the Weld County Comprehensive
Plan requires all new developments to comply with the mineral resource
section of the plan which, as stated previously, CM.Goal 2 promotes the
reasonable and orderly development of mineral resources.
f. Section 24.4.2.6 -- No prime farm land will be taken out of production with
this proposal.
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 William and Margaret Kobobel for a Site Specific
Development Plan and Special Review Permit#1194 for a Sand and Gravel Mining Operation 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 15
days of approval by the Board of County Commissioners.
2. An individual sewage disposal system is required for the proposed office and
shall be installed according to the Weld County Individual Sewage Disposal
System regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal System regulations. A vault system would be acceptable.
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SPECIAL REVIEW PERMIT#1194 - WILLIAM AND MARGARET KOBOBEL
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3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The 61-acre USR/mining boundary, within the 80-acre property
boundary.
2) A total of 55 feet dedicated right-of-way from the centerline of
Weld County Road 7.5.
3) A total of 50 feet dedicated right-of-way from the centerline of
Weld County Road 20.5.
B. The applicant shall enter into a Road Maintenance Improvements
Agreement with the Weld County Public Works Department for upgrading
and paving Weld County Road 20.5 due to heavy hauling. A designated
haul route will be established within the Improvements Agreement.
C. The applicant shall submit a Dust Abatement Plan to the Weld County
Health Department for review and approval. The facility shall have
sufficient equipment available to implement the dust control as required by
the Weld County Health Department. Evidence of Health Department
approval shall be submitted to the Department of Planning Services.
D. The applicant shall submit evidence that an Air Pollution Emission Notice
(APEN) and 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, boiler and
incinerators.
E. 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.
4. 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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SPECIAL REVIEW PERMIT#1194 - WILLIAM AND MARGARET KOBOBEL
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I / l/�, %�
ATTEST: „ , , fr�� �� EXCUSED DATE OF SIGNING (AYE)
Constance L. Harb-rt, Chair
Weld County Clerk tot �� "it
/l�
7�//JJ A,: i W. H. bster, Pro-Ter �/
BY: ,. d / ' c.�. ii'1dti SR
Deputy Clerk to the_ � � -,i4
�` I jGeorg . Baxter
"O ' O FORM: EXCUSED
.46
Dale K. Hall ./2
/
unt'orney r _ 4, i/-1j,-z/e_
. Barbara J. Kirkmeyer
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PL1265
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND MARGARET KOBOBEL
USR#1194
1. The Site Specific Development Plan and Special Use Permit#1194 is for a Sand and
Gravel Mining Operation 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. Bottled water shall be supplied for drinking water on the site.
11. The operation shall comply with the Mine Safety and Health Act (MSHA).
12. The operation shall comply with the Occupational Safety and Health Act (OSHA).
13. The applicant shall adhere to legal load limits for any restricted bridges.
14. Tanks installed for flammable or combustible liquid storage or dispensing, either
temporary or permanent, shall be installed in accordance with the requirements of the
Uniform Fire Code and plans for the installation must be reviewed by the Mountain View
Fire Protection District prior to installation.
15. The applicant shall attempt to comply with all requirements of the Fire District.
16. The applicant shall maintain compliance with Section 44, Open-Mining, of the Weld
County Zoning Ordinance.
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DEVELOPMENT STANDARDS - WILLIAM AND MARGARET KOBOBEL (USR#1194)
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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, as amended.
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, as amended.
19. 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.
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 post a sign indicating "Right Turn Only" and a sign
indicating the designated haul route.
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.
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