HomeMy WebLinkAbout992458.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1243 FOR AN OPEN CUT GRAVEL MINING OPERATION IN THE
A (AGRICULTURAL) ZONE DISTRICT - GOLDEN'S ANDESITE MINING COMPANY
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 3rd day of
November, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Golden's Andesite Mining Company, do Paul Gesso, Banks and
Gesso, LLC, 720 Kipling Street, Suite 117, Lakewood, Colorado 80215, fora Site Specific
Development Plan and Special Review Permit #1243 for an Open Cut Gravel Mining Operation
in the A (Agricultural) Zone District on the following described real estate, to-wit:
The SE1/4 of Section 13, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Paul Gesso, Bank and Gesso, LLC, 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 24.4.2.1 -- 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 24.4.2.2 -- 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.
992458
'iY' P4., C7o(de.� 9 4„de5 I '-e) PL1340
SPECIAL REVIEW PERMIT#1243 - GOLDEN'S ANDESITE MINING COMPANY
PAGE 2
c. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural land
with only one home adjacent to the site. Other residences are located 1/4
mile or more from the site. Planning Staff has required a landscaping
plan which will include sufficient buffering and screening for the home
south of the site. Planning staff concurs approval of this use will not
jeopardize the health, safety and welfare of the surrounding property
owners.
d. Section 24.4.2.4 -- 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
September 1, 1999, the City of Brighton indicated concerns regarding the
wildlife habitat existing on the east half of the property. Although Planning
staff is not requiring the applicant to limit the mining to the west half of
the property, it is requiring more land be included in the reclamation plan
for riparian habitat. Concerns regarding the transportation plan have been
addressed through the Conditions of Approval and Development
Standards. The City of Fort Lupton did not respond.
e. Section 24.4.2.5 -- Most of the site is located within the Flood Hazard
Overlay District area as shown on FEMA Panel Map #080266 0983 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 24.4.2.6 -- The applicant has demonstrated that a diligent effort
has been made to conserve prime agricultural land. Only the western
most portion of the Section of the proposed site is designated "prime."
The majority is designated "other" by the USDA Soil Conservation
Services.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Golden's Andesite Mining Company, c/o Paul
Gesso, Banks and Gesso, LLC, for a Site Specific Development Plan and Special Review
Permit #1243 for an Open Cut 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:
992458
PL1340
SPECIAL REVIEW PERMIT #1243 - GOLDEN'S ANDESITE MINING COMPANY
PAGE 3
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 application materials indicate an existing septic system may be
utilized. The Weld County Department of Public Health and Environment
was unable to locate a septic permit for the septic system serving the
existing structure. The septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall
be brought into compliance with current regulations. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of
Planning Services. If the current location is not suitable, a new system will
be designed, permitted and constructed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) regulations.
B. The plat shall be amended to include a 20-foot mining setback from
surrounding properties.
C. The applicant shall post adequate collateral and enter into a Road
Maintenance and Improvements Agreement in an amount proportionate
to the impact of the operation, not limited to the following improvements:
1. Upgrade and pave Weld County Road 8 up to the main entrance.
2. The applicant shall extend or replace the existing cross culvert at
the entrance to Weld County Road 8. The site access approach
shall be elevated to provide adequate sight distance to the east.
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 or that the applicant has
made reasonable accommodations.
E. The applicant shall submit a copy of an agreement with the Lupton
Meadows Ditch Company stipulating that the relocation of the existing
ditch has adequately been incorporated into the design of the site.
992458
PL1340
SPECIAL REVIEW PERMIT #1243 - GOLDEN'S ANDESITE MINING COMPANY
PAGE 4
F. The applicant shall submit a NPDES Permit to the Water Quality Control
Division of the Colorado Department of Public Health and Environment
for proposed discharge into State waterways. Evidence of approval shall
be submitted to the Weld County Public Works Department.
G. Upon approval of the NPDES Permit, the applicant shall submit evidence
of Weld County Public Works Department approval of the Storm Water
Drainage Plan to the Weld County Department of Planning Services.
H. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application must be submitted to the Air Pollution Control Division of the
Colorado Department of Public Health and Environment 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. A copy of the A.P.E.N. shall be submitted to the
Weld County Department of Public Health and Environment. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of
Planning Services.
The applicant shall submit a Dust Abatement Plan to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of approval by the Weld County Department of Public Health
and Environment shall be submitted to the Department of Planning
Services.
J. The applicant shall receive approval for the Flood Hazard Development
Permit previously submitted for any new structures and any development
that will increase or decrease the base flood elevation in the flood plain
as delineated on FEMA Panel Map#080266 0983 C, dated
September 28, 1982.
K. The applicant shall submit a detailed Traffic Study to the Colorado
Department of Transportation to determine the need of additional
improvements to the interchange at Weld County Road 8 and Highway
85. A copy of this study shall be submitted to the Departments of Public
Works and Planning Services, and the applicant shall make necessary
improvements as determined by the Traffic Study.
L. The applicant shall submit a Landscaping and Buffering Plan to the Weld
County Department of Planning Services for review and approval. The
plan shall include sufficient buffering for the adjacent home to the south
and Weld County Road 8.
992458
PL1340
SPECIAL REVIEW PERMIT #1243 - GOLDEN'S ANDESITE MINING COMPANY
PAGE 5
M. The applicant shall submit a revised plan to the Weld County Department
of Planning Services for review and approval. The plan shall indicate
areas for the existence of the well developed riparian forest on the east
portion of the property. Also, the final ponds shall be reconfigured to
obtain a more natural and appealing appearance for the future residents
of the area.
N. The applicant shall submit a plan for approval to the Department of
Planning Services for establishing a baseline, monitoring of ground water
and implementation of a recharge program if drawdown does occur to
existing wells in the vicinity.
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 vole on the 3rd day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LLD COUNTY COO DO
ATTEST: 4.44AV
!,i. .r4 //,��,,
`Q,, Dale K. Hall, Chair
Weld County Clerk to th,j7:o- ♦ 1
(� / '�l � �:arbar J. Kirkmeyer, 'ro-Tem
BY: G� Oar . ,o . . . +" Ala I
Deputy Clerk to the Bomar --Nye ��T
ti tr n�p ' Georg, axter
APPROVED AS TO FORM:
'`\� M. J Gee ,
oa rn fityAttoey� -,<,,r;;7/- /)
111 Glenn Va`a-ct-—
992458
PL1340
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GOLDEN'S ANDESITE MINING COMPANY
USR #1243
1. The Site Specific Development Plan and Special Use Permit #1243 is for an Open Cut
Gravel Mining 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 i 100) Year Flood
Plain of the St. Vrain 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. Adequate toilet facilities shall be provided for the employees.
9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
10. The facility shall utilize bottled water for employees.
11. Portable toilets may be utilized on the site which are temporary locations of the working
face, for up to six months.
12. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
992458
PL1340
DEVELOPMENT STANDARDS - GOLDEN'S ANDESITE MINING COMPANY (USR #1243)
PAGE 2
13. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary or permanent,
in waters of the United States which may include streams, open water lakes, ponds or
wetlands at this location,the applicant shall obtain a Department of Army, 404 Clean Water
Act Permit.
14. 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 Department of Public Health and Environment.
15. The applicant shall obtain a demolition permit from the Weld County Building Inspection
Department for the existing residence that is to be removed.
16. 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.
17. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
18. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
19. The facility shall operate in accordance with the approved Storm Water Detention Plan.
20. The applicant shall haul only legal limits over the two county bridges identified within the
designated haul route, 8/23A (Lupton Bottom) and 8/25A (South Platte River).
21. The internal road system shall be treated with chemical stabilization to control dust.
22. As indicated in the application material, hours of operation shall start at 6:00 a.m. Mining
and processing shall cease at 8:00 p.m., maintenance and repair at midnight and hauling
at 5:00 p.m. The applicant shall be allowed to operate 24 hours per day, 7 days a week to
fulfill government contracts.
23. 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.
24. 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.
25. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
26. 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.
992458
PL1340
DEVELOPMENT STANDARDS - GOLDEN'S ANDESITE MINING COMPANY (USR #1243)
PAGE 3
27. A sign shall be posted at the entrance of the facility identifying the designated haul route
and no traffic shall proceed west on Weld County Road 8.
28. The sand and gravel operation shall comply with all operation policies identified in
Section 44 of the Weld County Zoning Ordinance except Section 44.4.2 regarding hours
of operation which shall comply with Development Standard 22.
29. The properly owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
30. The properly owner or operator shall be responsible for complying with the Operation
Standards cf Section 24.6 of the Weld County Zoning Ordinance.
31. 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.
32. 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.
33. 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.
992458
PL1340
Hello