HomeMy WebLinkAbout950762.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1075 FOR AN ASPHALT AND CONCRETE BATCH PLANT, AN OIL FIELD
CONSTRUCTION BUSINESS, AND A RECREATIONAL FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT - REX HINER
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 12th day of
April, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Rex Hiner, 2220 "0" Street, Greeley, Colorado 80631, for a Site Specific
Development Plan and Special Review Permit#1075 for an asphalt and concrete batch plant, an
oil field construction business, and a recreational facility in the A (Agricultural) Zone District on the
following described real estate, to-wit:
NW'% of Section 31, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Mike Ketterling, Engineer, 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. This proposal is consistent with the Weld County Comprehensive Plan and
is provided for as a Use by Special Review in the A (Agricultural) Zone
District.
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SPECIAL REVIEW PERMIT#1075 - HINER
PAGE 2
b. The proposed use will be compatible with the existing surrounding land uses
and with future development.
c. The site is within the Airport Overlay District and Flood Hazard Overlay
District. The concerns are addressed in the Development Standards.
d. The applicant has demonstrated a diligent effort to conserve productive
agricultural land.
e. The Conditions of Approval and Development Standards will ensure
adequate provision 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 Rex Hiner for-a Site Specific Development Plan and
Special Review Permit #1076 for an asphalt and concrete batch plant, an oil field construction
business, and a recreational facility 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 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 60 days of
approval by the Board of County Commissioners.
2. 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.
3. Prior to recording the plat:
a. The applicant shall complete a road access information sheet for the
recreation access and return it to the Weld County Department of Planning
Services.
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SPECIAL REVIEW PERMIT#1075 - HINER
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b. A NPDES Permit shall be obtained from the Water Quality Control Division
of the Colorado Department of Health for any proposed discharge into State
waterways.
c. 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 Health
Department.
d. An Air Pollution Emission Notice (APEN) and Emissions Permit application
must be submitted to 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.
e. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an ISDS evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is
found to be inadequate, the system(s) must be brought into compliance with
current ISDS regulations.
f. Any existing septic system(s) involved in a commercial endeavor (i.e. office,
etc.) is required to be reviewed by a Colorado Registered Professional
Engineer and a copy of that review submitted to the Weld County
Environmental Protection Services, before the required ISDS evaluation can
be performed.
g. The plat shall be amended to show the location of outdoor storage areas as
delineated on Overheads A and B.
h. A copy of the amended plat shall be delivered to the Department of Planning
Services for review and approval.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of April, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
DCOUN , COL 9RAp0
ATTESTALI D/IY ?
Dale K. Hall, Chairma
Weld County Clerk to the Board /
�rbar J._Kirkm er, Pr em
BY: 7 /L Koei.
Deputy Clerk to thteoard
George E(Baxter
APPROVED A$ 'QFORM:
I Fxc:i iSFn
Constance L. Harbert
ounty A o� 2—
FX(—R. ISFrI f1ATF nF SICNINC' (AVE)
W. H. Webster
950762
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
REX HINER
USR#1075
1. The Site Specific Development Plan and Special Review Permit is for an asphalt and concrete
batch plant, an oil field construction business, and a recreational facility 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. 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. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
7. Portable toilets will be allowed for use in the recreational area.
8. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
9. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
10. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
11. The Special Use Permit area shall be maintained in such a manner so as to prevent soil
erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such
a manner as to present a neat and well kept appearance.
12. All phases of the operation shall comply with all County and State Health Standards and
Regulations pertaining to air quality, water quality, odor, noise emission, and sanitary disposal
systems. The applicant shall be responsible for adhering to the provisions of the Colorado Air
Pollution Control Regulations.
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13. Access to the asphalt and concrete batch plants shall be from Weld County Road 64. No
access to the batch plant shall be allowed from Weld County Road 35.5 (North 25th Avenue).
14. Outdoor storage shall be limited to the areas as delineated on Overheads A and B.
15. RV's shall not be stored on site during off season of the water sports and recreational
activities.
16. Any operation of the gravel pit and batch plants should not obstruct the passage of the
100-year flood flows to the point that it has any adverse effect on others. This provision
prohibits locating dikes and stockpiles in a manner which forces floodflows to alter their normal
course.
17. Any storage on site shall be located outside the 100-year floodplain or be securely anchored
and adequately floodproofed in accordance with the Weld County Flood Hazard Overlay
District Regulations.
18. All batch plants shall be operated during the hours of daylight except in the case of public or
private emergency or to make necessary repairs to equipment. This restriction shall not apply
to the operation of administrative and executive offices or repair facilities located on the
property.
19. The property shall be maintained in compliance with the Airport Overlay District at all times.
20. Erosion control and stabilization efforts shall be maintained along the shorelines of the lakes.
21. 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 herein
and all applicable Weld County Regulations.
22. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing Standards and all applicable Weld County Regulations. Major 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 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.
23. 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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