The URL can be used to link to this page

Browse Search

Home My WebLink About990389.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas that the following resolution be introduced for passage by the Weld County Planning Commission with the following deletions: Condition of Approval#4A#2 and#6, with subsequent renumbering; the second sentence in Condition of Approval#1, and#1 of Condition of Approval#1; including the addition of Condition of Approval#4H and#5, and the word asphalt added to Development Standard#1. Be itrasolved by the Weld County Planning Commission that the application for =<a -) CASE NUMBER: USR-1206 — = r 0 V Fri m APPLICANT: Andesite Rock Company ca ADDRESS: 3457 Hwy 119, Longmont, CO 80504 ; PLANNER: Eric Jerman t" 0 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a mining operation in the Agricultural Zone District LEGAL DESCRIPTION: The SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Colorado State Hwy 119 and West of and adjacent to Interstate-25. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 and Section 44 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 and Section 44 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --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." Andesite Rock Company is currently operating a mining operation adjacent to the subject site(USR-615). The applicant proposes to remove and store topsoil on the site while mining is undertaken. The topsoil will be replaced, at a lower elevation, upon completion of the mining. Additionally, no prime farm land will be taken out of production with this proposal. b. Section 24.3.1.2 -- 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. The proposal for rock extraction is a USE by Right in the Agricultural Zone District. c. Section 24.3.1.3--The proposal will be compatible with existing surrounding land uses which include agricultural and commercial activities, as well as other sand and gravel mining operations in the general area. West of the site is Western Mobile Mining Operation, to the North is Barbour Ponds State Recreation Area, to the East is Interstate 25 and to the South are Commercial USES along State Hwy 119. / ' EXHIBIT 990389 • I USE4tiaob — RESOLUTION, USR-1206 Andesite Page 2 d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The Weld County Mixed Use Development Plan (MUD) indicates that this land is designated"Limiting Site Factors- Lowest Intensity," and "Employment Center- High Intensity." The applicant will replace the topsoil on the site to allow for potential future development as an employment center. e. Section 24.3.1.5 --The proposal is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map#080266-0850C and within the Mixed Use Development area. Conditions of approval and Development Standards address the issue of the floodplain. MUD Policy 6.12 of the Weld County Comprehensive plan requires all new development 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. No other overlay districts affect this site. f. Section 24.3.1.6 -- If the USE is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land. No prime farm land will be taken out of production with this proposal. g. Section 24.3.1.7 --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. 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, as amended. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. 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. 2. 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. (Planning Dept.) 3. The applicant shall comply with appropriate regulations from FEMA regarding a Letter Of Map Revision for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map # 080266 0850C, dated September 28, 1982. RESOLUTION, USR-1206 Andesite Page 3 4. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All attached development standards. (Dept. of Planning Services) 2) 10 additional feet of right-of-way shall be delineated on the plat for Weld County Road 24.5. (Public Works) 3) 10 additional feet of right-of-way shall be delineated on the plat for Weld County Road 7. (Public Works) 4) All setbacks based on future rights-of-way shall be placed on the plat. (Public Works) B. 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. (Health Dept.) C. The applicant shall submit evidence to the Department of Planning Services that the existing NPDES permit has been amended from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into state waterways. (Health Dept.) D. The applicant shall apply and have approved a Flood Hazard Development Permit for any structures located within the Flood Plain. (Planning) E. The applicant shall submit evidence to the Department of Planning Services that the existing Emission Permit has been modified for the increased operation if the Colorado Department of Health determines such a modification represents a significant change in emissions or production. If the Colorado Department of Health determines the increased operation does not require a modification to the existing Emission Permit, the applicant shall submit information to the Department of Planning Services which indicates this. (Health Dept.) F. The applicant shall enter into a Road Maintenance Agreement with Weld County Public Works Department for this USR location. The Improvements Agreement will spell out the responsibility and designated haul routes. (Public Works) G The applicant shall meet the requirements of the referral letter from Colorado Division of Wildlife, dated December 12, 1998. H. There will be an 80' right-of-way across the proposed mining property for the extension of WCR 7.5, the location of which shall be determined through the PUD process. 5. No jurisdictional wetlands shall be disturbed prior to obtaining appropriate permits. �% i RESOLUTION, USR-1206 Andesite Page 4 Motion seconded by Michael Miller. VOTE: For Passage Against Passage Cristie Nicklas Arlan Marrs Fred Walker Stephan Mokray Marie Koolstra Jack Epple Michael Miller Bryant Gimlin The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 5, 1999. Dated the 5th of Jan , 1 99. Wendi Inloes Secretary is SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ANDESITE ROCK COMPANY USR-1206 1. The Site Specific Development Plan and Special Review Permit is for a concrete batch and asphalt plant and Open Gravel Mining, in the A (Agricultural) Zone District as submitted in the 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. The existing Emission Permit must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or products. (WCHD) 4. The open-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the Permit. (Planning) 5. A dust abatement plan shall be submitted to the Weld County Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. (WCHD) 6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations, including: a. No fill, berms, or stockpiles shall be placed in the one-hundred (100)year floodplain 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 floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. Adequate toilet facilities shall be provided for the employees. (WCHD) 8. No new access points shall be allowed from the site to any Weld County roads. (Public Works) 9. The maximum permissible noise level shall not exceed the light industrial limit of 80 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (WCHD) 10. All sand and gravel operators shall utilize the designated haul routes within the MUD area. (Public Works) 11. Evidence shall be submitted to the Department of Planning Services that the existing NPDES Permit shall be amended for the increased operation, if the Water Quality Control Division of the Colorado Department of Public Health &Environment determines that such a modification represents a significant change in the discharge. (WCHD) 12. If improvements are required at any State highway access, a State Highway Access Permit must be obtained from the Department of Transportation. (CDOT) 13. No mining access shall be allowed onto WCR 24.5 or WCR 7. Utilize main access on to State Highway 119. (Public Works) 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. (Building Inspection) 15. 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. (Planning Dept.) 16. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 17. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 19. Fugitive dust shall be controlled on this site. (Health Dept.) 20. The applicant shall remove, handle and stockpile overburden soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Health Dept.) 21. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Health Dept.) 22. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 23. The facility shall utilize bottled water for employees. (Health Dept.) 24. The operation shall comply with the Mine Safety and Health Act (MSHA). (Health Dept.) 25. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Health Dept.) 26. The applicant shall adhere to legal load limits for any restricted bridges. (Public Works Dept.) 27. 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 Fire District prior to installation. (Mountain View Fire Protection District) 28. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View Fire Protection District) 29. The facility shall utilize the existing vault septic system (G-19910265)and the vault shall be maintained in a sanitary manner to prevent nuisance conditions, such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. (WCHD) 30. 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. (Planning Dept.) 31. 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. (Planning Dept.) 32. The applicant shall continue to work with FEMA to determine whether an application for a Letter Of Map Revision is necessary. 33. 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. (Planning Dept.) 34. 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. (Planning Dept.) 35. 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. (Planning Dept.) Hello